Tag: regulations

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initiative, referendum, and recall insider corruption term limits

Corruption, Arkansas-​Style

Arkansas, term limits, corruption, rules, regulations, initiative, democracy

On Friday, the Arkansas Supreme Court struck Issue 3, a citizen-​initiated measure to restore legislative term limits, from Arkansas’ November ballot. The Court declared, 4 – 3, that there weren’t enough “valid” signatures.

This, despite opponents never disputing that more than enough Arkansas voters had signed the petition.

In recent years, legislators have enacted a slew of convoluted laws, purposely designed to wreck the initiative and referendum process.* The regulations give insiders and partisans a myriad of hyper-​technical “gotchas” that can be used to disqualify whole sheets of bonafide voter signatures.

“The legislature,” explained former Governor Mike Huckabee recently, “sucker-​punched the people of Arkansas and expanded their terms. They did it, I think, very dishonestly — by calling it an ethics bill … that had nothing to do with ethics. It was all about giving themselves longer terms.”

Since getting away with that 2014 ballot con job, giving themselves a whopping 16 years in office, seven Arkansas state legislators have been indicted or convicted of corruption. The author of that tricky ballot measure, former Sen. Jon Woods, just began serving an 18-​year federal prison sentence for corruption.

Other corruption, that is.

“It’s one reason I think term limits are a very important part of our political system today,” said Huckabee. It is, he argued, “easier to get involved in things that are corrupt the longer you stay.”

Now, sadly, after 2014’s fraudulent ballot measure and two 4 – 3 state supreme court decisions neutering the entire ballot initiative process, political corruption can continue unabated in the Natural State. 

This is Common Sense. I’m Paul Jacob.

 

* The state supreme court has ignored the clear language in the state constitution regarding such petitions: “No legislation shall be enacted to restrict, hamper or impair the exercise of the rights herein reserved to the people.”

N.B. For relevant links, check yesterday’s splash page for this weekend’s Townhall column.

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Accountability folly general freedom media and media people Second Amendment rights too much government

Simplistically Wrong

guns, cars, regulations, meme, gun control, second amendment

A clever “meme” made the rounds earlier this year showing, in two columns, what it would be like were guns regulated like cars. 

How reasonable that would be!

“Title and tag at each point of sale”; “Driver training”/“Gun training”; Liability insurance on each vehicle/​gun”; etc. It seems sound, no?

No.

The memester failed to address a context: our car and driver regulations apply to vehicles and drivers on government-​run roads. On your own property you can drive all sorts of vehicles, unregulated. And it is on their own property that most gun owners’ firearms stay most of the time.

So, treating “guns like cars” would put government deeper into our private affairs.* 

The meme came into an economist’s view packaged under the slogan “doing nothing means more people die.” He saw problems. For example, “someone might propose that each person above the age of 10 years old be interned in a mental-​health camp, until and unless experts appointed by the state certified that he or she was not a danger to society.”

Same logic — we cannot do nothing, can we?

Another economist dubbed the problem we have identified here as “a simplistic model of public policy.” Policy advocates tend to assume that if you change a policy we get only one effect. Not true. 

A third economist (I’m going for a trifecta!) discovered that even adding safety features to cars comes at a cost in human life: feeling safer, drivers compensate … and it is non-​drivers who suffer. More drivers hit more pedestrians.

Be cautious when you drive, sure. Be cautious when you shoot, of course.

But be cautious, especially, when you prescribe new laws.

This is Common Sense. I’m Paul Jacob.

 

* Not to mention that gun rights are specifically enshrined in the Constitution and vehicle rights … not so much.

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Accountability crime and punishment folly free trade & free markets general freedom media and media people moral hazard nannyism national politics & policies property rights Regulating Protest too much government U.S. Constitution

That Something You Do

Congress, Facebook, hearings, control, regulations, Mark Zuckerberg, censorship, censor, regulate

Congress grilled Facebook CEO Mark Zuckerberg, last week, and as usual ended up roasting itself. 

“Zuckerberg has already experienced the worst punishment of all,” quipped comedian Trevor Noah on The Daily Show. “He had to spend four hours explaining Facebook to senior citizens.”

Utah Sen. Orrin Hatch, retiring after his 42nd consecutive year in Washington, asked, “How do you sustain a business model in which users don’t pay for your service?”

“Senator,” Zuckerberg incredulously replied, “we run ads.”

Inc. magazine reported the obvious: “several of our elected leaders asked questions that were highly uninformed, or in some cases just plain weird.”

Uninformed. Weird. That’s them, alright.* 

Still, the Washington establishment seems to seriously think these same congressmen ought to be re-​writing privacy rules. 

“Elected officials know the public wants them to do something to protect their privacy,” announced Chuck Todd, host of NBC’s Meet the Press. “The question now turns to what is that something?”

“Americans are largely together on this issue,” Todd said, citing a recent poll where a similar “66 percent of Democrats and 68 percent of Republicans say they want more control over the information companies have about them.”

But Democrats and Republicans are together on something else: Only 21 percent of Democrats and a tiny 14 percent of Republicans “trust the federal government” to act on the issue.

The senators, though obviously “confused about basic topics,” Emily Stewart wrote at Vox,  “seem to agree they want to fix something about Facebook. They just have no idea what.”

Please Congress: DON’T “do something.” Don’t do that thing you do.

This is Common Sense. I’m Paul Jacob.

 

* Reason TV has a very funny video on the Zuckerberg hearing.

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Accountability education and schooling free trade & free markets general freedom local leaders national politics & policies responsibility too much government

SEZ Ed

education, free trade zone, Shenzhen, Chicago, Detroit, regulations, reform

The great barrier to educational advance in our time is the federal government. The second great barrier? Your state government. The third great barrier? Your local government.

Proposals to break up government-​subsidized and ‑enforced school monopolies have ranged from tax credit proposals and voucher programs to charter schools and (the biggest success so far) home schooling.

But it may be time to advance something a little … more daring. Break the stranglehold of government on dysfunctional schooling.

How?

Apply the “free trade zone” (FTZ) idea to education.

We remember the FTZ proposal because of its rise in popularity amongst academics and policy wonks in the 1980s and 1990s. But the notion is an old one. And in China, where they are called “special economic zones” (SEZs) — and it is this term that is catching on — they have been amazingly successful, the former fishing village of Shenzhen being the most obvious example.

What about America? Take a devastated region, like inner-​city Chicago or Detroit,* and simply nullify the regulations and rules. (This probably would require federal enabling legislation on top of state leadership.) With the ensuing freedom and opportunity, entrepreneurs, established businesses and schools, teachers, community groups and activists could cook up new solutions to the oldest schooling problem there is:

actual education.

I’ve heard whispers of this Educational SEZ idea for some time now.

It is time for rational and quite public discussion.

And then the shouting. 

This is Common Sense. I’m Paul Jacob.

 

* Of course, any area could work. The reason to focus on demonstrably failed educational regions is that such areas have lost hope, and thus the politically resistant are likely to give in and allow it.

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First Amendment rights folly general freedom moral hazard nannyism responsibility too much government

Legal Not to Lie About Your Milk

milk, Institute for Justice, regulations, Ocheesee Creamery, Department of Agriculture, too much government

Mary Lou Wesselhoeft doesn’t have to lie about the milk she’s selling. The Florida Department of Agriculture has lost in court. Mary Lou has won.

Ocheesee Creamery sells pasteurized milk without any additives. One of her products is skim milk. Ocheesee sells skim milk without vitamin additives, which is perfectly legal to do. But the Florida government claims that only skim milk with the additives counts as real “skim milk,” the kind you can call skim milk in speech to customers. (Kafka, did you write this horror story? Fess up!)

Give credit to the judge who asked: “Can the state, consistent with the First Amendment, take two words out of the English language and compel its citizens to use those words only as the government says?” The reply of the government’s lawyer? “Yes.”

Creepy.

Mary Lou’s victory is also a victory for all Americans who want to exercise their right to tell the truth about what they’re selling. And it’s a victory for the Institute for Justice, which took up the case on her behalf. At its website, IJ points out how easy it would be to annihilate freedom of speech by letting the government redefine words at will. We’re not free if our freedoms can be arbitrarily defined away by the people in power.

The Institute specializes in defending our rights against senseless government intrusions. Until such laws and regulations are repealed, it seems that the Institute will always have much to do — unfortunately. But, fortunately, it keeps on doing it.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment folly general freedom moral hazard nannyism Regulating Protest too much government

The Oregon Fail

Oregon, traffic light, license, licensing, government, regulations, engineer

My children used to play “The Oregon Trail,” an early computer game where one navigated the amazingly dangerous wagon trip out west — often dying of dysentery or drowning while crossing a river. 

Oregon remains treacherous. 

Yesterday, we bemoaned the cancellation of a parade because a Republican Party group’s participation elicited threats of violence. Now, we find that writing a thoughtful letter to public officials about problematic traffic lights garners a $500 fine. 

Mats Järlström, a Swedish electronics engineer, made the mistake of moving to Beaverton, Oregon, and then compounded his error by sending an email to Oregon’s engineering board alerting them to a traffic light problem that put “the public at risk.”

The Oregon State Board of Examiners for Engineering and Land Surveying responded by informing him that statute “672.020(1) prohibits the practice of engineering in Oregon without registration … at a minimum, your use of the title ‘electronics engineer’ and the statement ‘I’m an engineer’ … create violations.”

Mr. Järlström expressed shock at the bizarre response. “I’m not practicing engineering, I’m just using basic mathematics and physics, Newtonian laws of motion, to make calculations and talk about what I found.”

After a red-​light camera ticketed his wife, Järlström investigated and discovered that the yellow light didn’t give drivers slowing down to turn at the intersection enough time. 

He wasn’t disputing the ticket, just attempting to right a wrong. Which is apparently against the law, when bureaucrats are committing the wrong.

The Institute for Justice accuses the licensing board of “trying to suppress speech.” Thankfully, they’re helping Järlström sue in federal court. 

This is Common Sense. I’m Paul Jacob.

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Photograph by Tom Godber on Flickr