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initiative, referendum, and recall judiciary term limits

A Second Life for Limits

Will the Supreme Court let states impose limits on the representatives and senators they send to Washington, D.C.?

Thanks to events in North Dakota, there’s a good chance this question is about to asked again

And get a different answer.

The first time was thirty years ago. The case: U.S. Term Limits v. Thornton.

In May 1995, the U.S. Supreme Court held, in a 5 – 4 decision, that states cannot impose restrictions like term limits on their congressional delegations.

But: “Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress,” observed Justice Clarence Thomas in his dissent. “And where the Constitution is silent, it raises no bar to action by the States or the people.”

Now 61 percent of North Dakota voters have passed a ballot measure to impose an age limit on their congressmen. The 1995 Supreme Court would have ruled it unconstitutional. The only justice serving on the high court then who is still there is Thomas.

Everybody thinks that North Dakota’s outlawing of ancient candidates will be challenged in court. In a June 17 podcast for U.S. Term Limits, its president, Philip Blumel, says that USTL would welcome such a challenge.

“Surely, U.S. Term Limits versus Thornton would be the basis” for the challenge and would thus “provide an opportunity for the U.S. Supreme Court to revisit the issue.”

Moreover, a case brought in federal court won’t necessarily take years to decide, because “sometimes the [Supreme Court] expedites election-​related cases.”

Fingers crossed, everybody.

This is Common Sense. I’m Paul Jacob.


NOTE: Paul Jacob is a former president of U.S. Term Limits and continues to serve on its board of directors. Paul is currently the president of Liberty Initiative Fund, which made significant contributions to North Dakota’s age limits initiative.

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media and media people national politics & policies

Big Bucks Buy Votes

Want to know how Washington works? 

Or doesn’t work? 

Drafting legislation to provide COVID (and COVID lockdown) relief, President Joe Biden and Congress contemplate just how big to make the next round of government checks sent to “the inhabitants of America.”

And which folks to send the freshly printed moolah.

“Something very weird is happening,” explains Washington Post columnist Paul Waldman. “On one side you have Republicans and conservative Democrats saying people at higher incomes don’t deserve this government help. On the other side you have liberals advocating that higher-​income people should share in this largesse.” 

Including socialists Sen. Bernie Sanders and Rep. Alexandria Ocasio-Cortez.

“So if I were Biden,” Waldman advises, “this is the argument I’d make to [conservative Democratic Senator] Manchin:

1. People like it when you give them money. A lot.

2. The more people we give money to, the more people will be pleased with us.

3. That will improve our chances of keeping control of Congress in 2022 and the presidency in 2024.

4. If we keep control we’ll be able to do more of the things you want to do. If we lose control, we won’t be able to do anything.…”

Translation? Stay in power by buying votes

Seems the advice you’d get from a sleazy political consultant, not a newspaper columnist. 

Biden and senior Democrats have also unveiled a plan to pay parents up to a certain income over $50,000 per child from birth to 17 years of age.* One obvious benefit? “Its execution could also prove crucial to deciding Democrats’ ability to maintain control of Congress,” informs The Post, “given its likely direct impact on the lives of tens of millions of voters.”

This is our direct-​deposit Republic.

But not Common Sense. I’m Paul Jacob.


* The Democrats’ plan came just “days after Sen. Mitt Romney (R‑Utah) surprised policymakers with a proposal to send even more in direct cash per child to American families.”

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general freedom ideological culture insider corruption media and media people national politics & policies political challengers

Plantation Revolt

The #Walkaway movement started with Brendan Straka, who proclaimed that his tribe — the liberal Left — had become “intolerant, inflexible, illogical, hateful, misguided, ill-​informed, un-​American, hypocritical, menacing, callous, ignorant, narrow-​minded, and, at times, blatantly fascistic.” 

Mr. Straka’s beef — and the general tenor of the pile-​on Twitterstorm — was not about Democratic Party policy, as Scott Adams noted. It was about the left-​of-​center movement’s rhetorical/​propagandistic rut. Since the election of Donald Trump, Democrats had come to rely almost exclusively on the feeding of frenzy by psychological manipulation, by ginning up fear.

Straka’s appeal to “walk away” became a hit, especially amongst those “racial, sexual, and religious minorities in America” that he says the Democrats have treated as if they owned.

Yet the Washington Post pooh-​poohs the trend as just a social media blip — over-​hyped by the very nature of the medium itself.

Plausible?

David Catron says no. Before the #WalkAway movement, he writes in The American Spectator, African-​American voters had already walked away from Hillary Clinton’s candidacy in enough numbers to allow Trump his victory. And this bodes badly for the Democratic Party, for, as Catron quotes YouTube sensation Candace Owens, “I’ve seen black liberals go conservative, but never seen a black conservative go liberal.”

It doesn’t take many defections, says Carton: “All that is needed is about 5 percent more African-​Americans to vote Republican and another 5 to 10 percent to simply stay home.”

But be warned: wishful thinking and Straka’s litany of political vices — “groupthink, hypocrisy, division, stereotyping, resentment” — can overtake any movement pretty quickly.

Anti-​leftists in general and Republicans in particular are not immune to mass mania and suicide-by-panic.

This is Common Sense. I’m Paul Jacob.

 


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Accountability ballot access general freedom government transparency initiative, referendum, and recall local leaders national politics & policies political challengers responsibility tax policy term limits too much government

What Unlimited Government Costs Us

“Olympia can’t restrain itself,” Tim Eyman wrote the other day, a judgment on legislative irresponsibility hardly unique to the Evergreen State. Citizens around the country have cause to lament the difficulty of obtaining anything close to a good legislature. 

Too often the merely “bad” would constitute a significant improvement.

Which is why legislators need to be put on a short leash. Limits on government must be written into law, where possible into either the U.S. Constitution or state constitutions, so the limits cannot be tampered with by legislators, good or bad.

Washington State initiative guru Tim Eyman, cited above, has made a career of working for just those kinds of limits. In 2007, Eyman and the citizen group Voters Want More Choices petitioned onto the statewide ballot a requirement that any tax increase must receive a two-​thirds vote from both legislative chambers. 

Voters passed the measure* in 2007, 2011 and 2012. 

In an email to supporters this month, Eyman presents data — an “amazing real-​world comparison” — to help us understand how effective the limits were … while they lasted.

He notes that “with the 2/​3 rule in effect from 2008 – 2012, those 5 legislative sessions cost the taxpayers $6.894 billion” in increased taxes.

And he compares that to the five years (2013 – 2017) since the state’s highest court struck down the voters’ two-​thirds mandate: “WITHOUT the 2/​3 rule, those 5 legislative sessions cost the taxpayers $23.679 billion.”

“Without the fiscal discipline imposed by citizen initiatives,” Eyman concludes, “politicians cannot hold back.”

Now we have hard evidence for what unlimited government costs us: more than three times more!

This is Common Sense. I’m Paul Jacob.

 

* Washington State’s ballot initiative process allows voters to pass simple statutes but not constitutional amendments. For two years after passage, legislators must garner a two-​thirds vote to override a ballot initiative. After those two years, only a simple majority is required.


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general freedom moral hazard nannyism responsibility too much government

The $659,000 Non-Question

The so-​called “Motor Voter” law of 1993 created a national mandate: when people obtain their drivers’ licenses at the Department of Motor Vehicles, ask them if they’d also like to register to vote. 

The federal mandate is perhaps heavy-​handed, but the underlying idea has merit.

Now a new idea is gaining ground, taking the notion (nudge, nudge) a step further. Let’s not bother asking people if they want to sign up to vote, the proposal runs. Government should simply register them. Without asking.

It is a form of paternalism.

“It flips the presumption, where right now they ask you if want to be registered,” argues D.C. Council member Charles Allen. “Instead of that, we’re just going to go ahead and get you registered, and that absolutely helps enfranchise voters.”

“Lawmakers in 32 states have introduced measures in the last year to automatically register drivers to vote,” reports the Washington Post.

Some folks contend there isn’t much difference between asking if someone wants to register and registering them without asking. Well, if there isn’t much difference, why spend the $659,000 that Washington, D.C. officials estimate it will cost over the next four years for their new “don’t‑ask” program. 

Of course, there is a difference in the two policies: sort of like between offering people something to eat and force-​feeding them. 

Some Americans have no desire to vote or be registered. It is surely no business of any state or local government to act as if their preferences don’t count.

And what good are a bunch of names on a voter list if they aren’t interested? Is someone going to vote for them?

This is Common Sense. I’m Paul Jacob.


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Common Sense

They Don’t Need No Stinkin’ White Men?

All informed, concerned adults should vote.

If they want to.

Yes, I am all for ballot access, and suggestions that we must minimize the vote in any election elicit a shiver: calls for voter participation reduction give me the creeps.

But that does not mean that every push for increased voter participation is a good idea.

In the case of a recent Nation think piece on how progressives can win future elections, it may indicate a severe misunderstanding of reality, a sort of cart-​before-​the-​horse senselessness.

Steve Phillips has developed an “Organizing Strategy” that, his title informs us, would “Revive the Democratic Party” without depending on that dreaded category of citizens, “White Voters.”

Now before you jump to the conclusion that he is merely another trendy, leftist anti-​racist racist, a person who has discovered the sheer joy of being able to heap scorn on the one group left in the modern world to which it is socially acceptable to deride, hate, and discriminate against, please note: his his plan to ignore white voters avoids the lesson Democrats most need to learn.

Hillary Clinton lost, Phillips correctly observes, because many, many minority voters who had previously voted for Barack Obama did not go to the polls for her. From this he extrapolates a need to seek out these voters. Democrats don’t need more white voters to win.

True enough. But he never once considers the obvious reason for Mrs. Clinton’s failure. She was a horrible candidate. Horrid. The worst.

From minority points of view, too: which is why so many blacks and Hispanics voted for Trump, in record numbers*.

Democrats, want to win? Stop promoting awful candidates.

And you could try better ideas, too.

This is Common Sense. I’m Paul Jacob.

 

* Well, that would be the Trumpian way to put the fact that the President-​elect did better with minorities than did, uh, Romney.


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horse before the cart, strategy, Democrats, Clinton, backwards, voters, white, Trump