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general freedom initiative, referendum, and recall local leaders nannyism political challengers Regulating Protest

Delivering a Double Standard

Former State Representative Matt Lynch got right to the point in his Cleveland Plain Dealer op-ed: “The people’s right to amend the Ohio Constitution through the ballot initiative is under attack.”

Created by the Ohio Legislature to consider constitutional amendments, the Ohio Constitutional Modernization Commission (OCMC) has a hidden purpose: provide cover for that same legislative body. As Lynch aptly notes, the OCMC “is filled with politicians and lobbyists. Thus, commission recommendations must be scrutinized for fidelity to the public good versus the special interests of political insiders.”

This Thursday at the capitol in Columbus, OCMC will consider whether to recommend that state legislators propose an amendment to the state constitution to make future amendments more difficult. That’s an awfully bad idea in itself. But, bizarrely, the greater difficulty would depend entirely on who proposes the amendment.

The working OCMC recommendation makes no change to the legislature’s ability to propose and pass constitutional amendments. What it would do is make it tougher for citizen-initiated amendments. Most unhelpfully, the recommendation would require only citizen-proposed amendments to garner a supermajority of 55 percent of the vote.

Consequence? Suppose a measure proposed by citizens — term limits, ethics reform, government transparency — was massively outspent by powerful interests, and yet still won 54.9 percent of the vote. It would lose.

Yes, the 45.1 percent of voters would defeat the 54.9 percent of voters.

Call it “New Math.”

The very same issue proposed by legislators would win . . . and be added to the state constitution.

The double standards are breathtaking,” writes Lynch,* adding, “and no other state has such unfair rules.”

This is Common Sense. I’m Paul Jacob.

 

* Sunday at Townhall, I also discussed this double standard. And the word may be getting out. Townhall always adorns my column with a photograph — this time featuring Ohio Attorney General Mike DeWine, also a Republican candidate for governor in 2018. DeWine’s campaign objected to being pictured, arguing they have no involvement with the OCMC. DeWine’s picture has been removed.


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general freedom ideological culture initiative, referendum, and recall local leaders national politics & policies political challengers

Not a Joke

Yesterday, the chief sponsor of a Washington State legislative bill withdrew it. He said it was “a joke.” His co-sponsor wasn’t laughing, however . . . even proclaimed an intent to introduce the bill again next year.

The legislation’s purpose? Split the state into two.

The eastern, drier half of the State is much less populated, and the wet, western half gets its way almost all the time. The bill’s sponsor mentioned his intent: to call attention to the persistent lack of effective representation.

It was not a funny* joke. What he meant, surely, was “a stunt.”

This is just one of many ongoing secessionist movements in the United States. Most represent the eternal struggle between more self-reliant, community-centered and less statist country folk and the more atomized, fearful statists of the cities. But also present is the problem of representation. There is not enough of it. Many people do not have a voice. Hence the desire for exit.

“Voice” vs. “exit” are two crucial aspects of constitutional politics, particularly relating to different kinds of “freedom.”

Many states could use splitting, California, especially.

But exit is not the only option. Representation itself could increase in sheer numbers; California, anyway, has (astoundingly!) too few politicians, er, representatives . . . per residents.

Another key constitutional change would be to set the bar higher to passing new legislation, especially regarding adding tax burdens.

But not for the people. We are best represented by our own votes, which means initiative and referendum rights extended to all states. Citizens of Washington State (still intact) lack the ability to change their constitution by initiative — an important process for future state shape shifts.

This is Common Sense. I’m Paul Jacob.

 

* Originally, the new state’s name was to be Liberty, much better than the states of Tyranny, Servitude and Denial. Now I read that the proposed name is Lincoln, awkwardly tied to our union’s most determined anti-secessionist. That is a bit funny.


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Accountability folly general freedom ideological culture media and media people moral hazard nannyism political challengers responsibility too much government

French Beacon

“Since the French Revolution,” the New York Times pontificated online, “the nation has often been viewed as a beacon of democratic ideals.”

Really? Can a nation of constitutional turnovers — kings and republics and revolutions and foreign occupation — be a beacon? Most often we in America compare our Revolution to France’s, focusing on The Terror: mob rule and proto-totalitarianism.

On Friday, “the staff of the centrist candidate Emmanuel Macron said… that the campaign had been targeted by a ‘massive and coordinated’ hacking operation, one with the potential to destabilize the nation’s democracy before voters go to the polls on Sunday.” A few minutes later, the campaigns fell under the country’s election gag rule, unable to debate immediately prior to the voting. The government told the media not to look at what was dug up in the “hack” (which everybody said was by Russians). Though Macron’s putative Islamization plan is worth looking at, surely.

Much talk (at the Times and elsewhere) of how the hack destabilized democracy. No talk, for some reason, about how the election regulation gag rule did.

The idea that information might destabilize democracy? Awkward.

Still, we can see how an info-dump’s timing might destabilize an election.

But since Macron won by a large margin, the Late Exposure Strategy may have backfired, Russians or no.

The most obvious oddity in reportage? The continued reference to former Socialist Party hack Macron as “centrist” while Le Pen is called “far right” ad nauseam. Macron is pro-EU; Le Pen is nationalist. Neither are reliably for freedom. The fact that Macron packaged his En Marche ! Party as centrist doesn’t make it so.

This is Common Sense. I’m Paul Jacob.


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folly ideological culture media and media people national politics & policies political challengers responsibility

The Women-Haters

“You’ve just spoken eloquently about the sexism, the misogyny and inequity around the world,” CNN anchor Christiane Amanpour said* to defeated presidential candidate Hillary Clinton, “but do you believe it exists here still?”

The audience at Tuesday’s Women for Women International luncheon in New York City erupted in laughter, cutting Amanpour off. A second round of chortles ensued when Hillary Clinton touched the side of her face in wonderment, uttering, “Hmmm?”

“Were you a victim of misogyny?” Amanpour continued. “And why do you think you lost the majority of the white female vote. . . ?”

“Well, the book is coming out in the fall,” Hillary joked. “Yes,” she went on, turning serious, “I do think it played a role.”

Noting that “other things did, as well,” Mrs. Clinton decried Russian interference. Back to misogyny, however, she added: “It is real. It is very much a part of the landscape politically, socially and economically.”

Hmmm, indeed. So, most white women didn’t vote for Hillary Clinton because they hate women . . . per se?

All women?

Simply because they’re women?

“An example that has nothing to do with me, personally,” explained Mrs. Clinton, “is this whole question of equal pay. We just had Equal Pay Day in April, which is how long women have to work past the first of the year to make the equivalent of what men make the prior year in comparable professions.”

Hillary is mistaken about the Gender Pay Gap, which compares completely dissimilar professions (and hours worked, qualifications, etc.). Plus, this same gender pay gap was found at the Clinton Foundation, her U.S. Senate staff, her State Department and among her campaign staff.

Hillary Clinton — misogynist?

This is Common Sense. I’m Paul Jacob.

 

* The full interview is here. But you can cut to the chase here.

 

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ideological culture political challengers too much government

Forwards ! Backwards ?

France held an election over the weekend. Emmanuel Macron and Marine Le Pen came out on top, and will face each other in a runoff on May 7th.

Current polling puts Macron over Le Pen, 62-38. But a SkyNews reporter cautions: there is no certainty.

We in America have reason to respect that cautionary note. Our last election was an upset against the establishment candidate in favor of a wild card often dubbed “far right” and even “fascist” — which is precisely what Ms. Le Pen is being called.

Indeed, pitting a Big Government “centrist” (Macron) against an anti-immigrant protectionist (Le Pen) in the context of an economic slump and rising terrorism, and with neither candidate having much contact with limited-government principle, eerily echoes the 2016 U.S. presidential race.

But, on closer inspection, the parallels between the American and French contests appear inexact. Macron’s En Marche ! party* was created just over a year ago, while Le Pen’s National Front has continually found itself on the margins of power, despite its rise in popularity.**

Still, it is hard not to suspect that Ms. Le Pen could come from behind to upset the status quo. Macron is not invulnerable. The man worked, after all, in Hollande’s government, and Le Pen has characterized him as a socialist in a snazzy suit.

Macron is way ahead in the polls. And TV experts talk about how reliable modern polling is, while we in America . . . snicker.

But, since France lacks an Electoral College, can Le Pen really “Trump” the odds?

France will be in for a bumpy fortnight.

This is Common Sense. I’m Paul Jacob.

 

* Amusingly, the party’s initials are identical to those of its founder, Emmanuel Macron. “En Marche !” (the extra space is there in party material) translates into English as “Forward!” or “On the Move!” and is formally designated as the Association pour le renouvellement de la vie politique (the Association for the Renewal of Politics).

** All the established, formerly governing parties are on the outs.


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general freedom local leaders national politics & policies political challengers U.S. Constitution

Wag that Tail, Dog

Last November, Maine voters passed a ballot measure, Question 5, to begin electing their federal representatives to Congress, and their governor and state legislators, using Ranked Choice Voting. This selection mechanism allows voters to rank their choices, thereby removing the “spoiler effect” that often pushes citizens to support the lesser of two popular evils.*

Last month, Maine’s State Senate submitted advisory questions to the Maine Supreme Court about the new law’s constitutionality.

It is indeed constitutional. “Those who argue that ranked-choice voting conflicts with the Constitution,” explained Marshall Tinkle** in the Bangor News, “seem to be reading things into it that simply are not in the text.”

Last week, the Maine Supreme Court heard oral arguments. Justices Donald Alexander and Joseph Jabar seemed concerned about ranked-choice voting making it easier to vote for the person and not the party.

That’s not unconstitutional. But is it somehow bad?

“We are going to have a lot of people abandoning the political parties if ranked-choice voting remains,” argued Alexander. Or perhaps the parties might better serve voters?

The attorney representing the Committee for Ranked Choice Voting, James Kilbreth, reminded the justices that the voters have spoken, and as to the resistance by legislators in implementing their will, he remarked, “This is the tail-wagging-the-dog kind of problem.”

The courtroom broke out in laughter when Chief Justice Leigh Saufley responded, “Mr. Kilbreth, it’s a fairly large tail.”

I’m a big fan of ranked choice voting***, but the court’s decision is not about the policy. It’s about whether the dog (the people) will wag the tail (the legislators) or vice-versa.

This is Common Sense. I’m Paul Jacob.

 

* Portland, the state’s largest city, has used ranked choice voting since 2011.

** And Tinkle should know, since he “wrote the book” on the subject — the reference book, The Maine Constitution.

*** I serve on the Board of Directors of FairVote, an organization that promotes ranked choice voting and other methods to make every person’s vote count.


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