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First Amendment rights general freedom ideological culture

GOP, ACLU, and NRA Together Again

Occasionally, the stars align and adversaries become allies.

So it is that dozens of Republican congressmen have filed an amicus brief to support an NRA lawsuit against Maria Vullo, a former New York State regulator of the financial services industry. And so it is that the NRA will be represented before the Supreme Court by the American Civil Liberties Union.

After the 2018 Parkland shooting, Vullo pressured financial service companies to boycott organizations like the National Rifle Association that advocate Second Amendment rights.

The NRA sued, contending that Vullo had acted against their First Amendment rights. When the Supreme Court agreed to take their case, the NRA thought: who better to represent us before the justices than the ACLU?

The ACLU, which has not always been consistent in defending free speech, agreed.

Its national legal director, David Cole, says that “the ACLU has long stood for the proposition that we may disagree with what you say but will defend to the death your right to say it.”

Although this case is also about speech, more directly it is about using governmental force to try to stop people from conducting peaceful financial transactions.

If such intimidation of financial companies — or, what is being challenged in separate litigation, of social media companies — were allowed to stand, government would be fully unleashed to threaten market actors in order to prevent constitutionally protected actions and speech that officials dislike.

Our constitutional rights made meaningless.

This is Common Sense. I’m Paul Jacob.


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Accountability folly general freedom government transparency ideological culture media and media people moral hazard nannyism national politics & policies too much government

Threat Assessment

Don’t drink transmission fluid. Or perform a swan dive off the Empire State Building. Or munch on a Tide Pod.

Be cautious, in other words, of the advice offered in “Boycott the Republican Party,” the Atlantic opinion piece authored by Jonathan Rauch and Benjamin Wittes, both scholars at the Brookings Institution. Their erudite suggestion? Conservatives should “vote mindlessly and mechanically against Republicans at every opportunity, until the party either rights itself or implodes (very preferably the former).”

My Sunday column at Townhall.com, “Friendly Suicide Advice for the GOP,” reviewed their proposal and analysis. “[H]orrified” by President Trump, they see congressional Republicans as enablers of his “existential” threat “to American democracy.”

Big government has long frightened me, so I’m certainly not suggesting anyone relax just now. I do wonder, however, why these writers and others in the media have been so blasé to past presidential usurpations (noted in the column) with life-and-death implications.

Rauch and Wittes go so far as to reassuringly explain that “the Democratic Party is not a threat to our democratic order.”

Really?

In 2016, every single Democratic Party U.S. Senator voted to partially repeal the First Amendment of the Constitution. The Democrats’ proposal would have largely ended the prohibition that “Congress shall make no law . . . abridging the freedom of speech,” replacing it with “Congress and the States may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections.”

In our present “democratic order,” the Constitution recognizes the primary importance of walling off political speech from regulation by these very politicians. The Democrats seek to repeal that order . . . that freedom . . . that criticism.

This is Common Sense. I’m Paul Jacob.


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Accountability ideological culture local leaders national politics & policies political challengers responsibility

Crazy Like a … Spoiler

Seven Republican members of Congress — three in the last two weeks — have announced their retirement.* The Democrats, needing 24 additional seats to gain a majority, see an opening.

Steve Kornacki, MSNBC’s national political correspondent, calls these seven “pure retirements.” That is, these politicians aren’t seeking another office, they suffer from no scandal, and are “pretty good at getting re-elected”; they’re “just deciding to leave.” Kornacki notes that the GOP had eight pure retirements in 2006 when they lost the House, and the Democrats had eleven when their majority was destroyed in 2010.

On his MSNBC program, The 11th Hour, an exasperated Brian Williams complained, “On top of all that, since down is up and up is down, Bannon [is] threatening to — to use the verb of the moment — primary incumbent Republicans! Which is crazy.”

Williams refers to Steve Bannon, late of the Trump administration and now back at the helm of Breitbart News. Bannon is now working, as CNN reported, with “conservative mega-donor Robert Mercer, who is prepared to pour millions of dollars into attacks on GOP incumbents.” Incumbent Republicans thwarting Trump, that is.

“I don’t think anyone should be surprised,” remarked Ned Ryun, American Majority’s CEO. “It’s a natural reaction by the base to what they’ve perceived as a perhaps intentional inability to pass any Trump agenda items.”**  

Ah, more spoilers! This week we’ve talked about Libertarian spoilers; now, pro-Trump spoilers. And, for years, non-profit groups such as the Club for Growth and U.S. Term Limits have helped a challenger against an incumbent, and been dubbed dangerous to Republican hegemony for their trouble.

Seems what connects all these anti-establishment folks is a commitment to principle over power.

This is Common Sense. I’m Paul Jacob.

 

*  The retiring Republicans are Rep. Sam Johnson (R, TX-3), Rep. Lynn Jenkins (R, KS-2), Rep. Ileana Ros-Lehtinen (R, FL-27), Rep. John Duncan Jr. (R, TN-2), Rep. Dave Reichert (R, WA-9), Rep. Charlie Dent (R, PA-15), and Rep. Dave Trott (R, MI-11).

** Steve Kornacki responded to Brian Williams: “Absolutely unheard of for a nominee in either party to have that complete lack of support from Capitol Hill and then go out there and win the nomination [for president]. . . . You have this element where all these members of Congress, even though it’s a president of their party on paper, don’t really feel they’re part of this presidency.”


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political challengers term limits

Land of Limited Terms

It’s baaaaaack.

The issue that won’t go away: Term limits.

I predict that Bruce Rauner, a businessman who has never before held public office, will win the GOP nomination as a result of today’s Illinois Republican Party Primary for Governor, besting three career politicians sporting 60-plus years in office, total.

I’m no soothsayer; Rauner leads in the polls. The key issue driving support for him is his support for term limits.

“Term limits should apply to all politicians,” he proclaims in a TV spot, “and not just when they go to jail.”

It’s not just a cute line. Four of Illinois’ last seven governors have ended up in prison . . . so have a number of congressmen representing [sic] the Land of Lincoln.

Rauner’s term limits advocacy includes actual deeds. He is helping, financially and organizationally, to gather half-a-million voter signatures on a petition to place a constitutional amendment imposing eight-year term limits on state legislators before the electorate this November.

Polls show a whopping 79 percent of Illinois voters favor those term limits.

Still, powerful folks amongst the state’s other 21 percent are not pleased by Rauner, who has also called for reforming Illinois’ pension systems, ranked worst funded in the nation. Public employee unions funded a month-long TV ad blitz making baseless charges against the businessman.

With incumbent Governor Pat Quinn facing no significant opposition in the Democratic Primary, the unions are also organizing Democrats to crossover to vote for State Sen. Kirk Dillard in the Republican Primary.

But I think Dillard, the 20-year incumbent Republican officeholder, will be no match for the guy who supports term limits.

This is Common Sense. I’m Paul Jacob.

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ideological culture initiative, referendum, and recall

Another Trout in the Milk

Maine’s small farmers had held out great hope for LD 1282, explained the Bangor Daily News a few months ago. The bill, if made law, would have allowed “unlicensed farmers whose facilities are not under inspection to sell up to 20 gallons of raw milk per day directly to consumers, so long as the product was clearly labeled.”

For small farmers, a traditional freedom, a niche in the system.

For big farmers it presented an unwelcome double standard, allowing something for the little guy that the big guy couldn’t match. And yes, the bill did suffer from this kind of inconsistency, but only because current regulations all stack against small farmers.

The bill passed, but last month the governor vetoed it . . . and the veto was not overridden. No legal raw milk in Maine.

For some in the state’s Republican Party, including national committee member Mark Wilson, that was just too much. “We want our God-given rights to buy, sell and consume what we want protected by the law — not restricted by FDA or USDA directives.” Citing lack of principle on the federal level, too, they resigned from the party, choosing to focus on helping their “fellow Mainers outside of party politics.”

The story hit the papers.

Can they accomplish more good outside the GOP? Probably. The state’s initiative and referendum process rated a C in Citizens in Charge’s 2010 report; most states rate an F. But there’s no point in even trying to rate partisan politics. It’s that bad.

And direct citizen action is certainly less frustrating. It’s hard when you must fight not only the opposition party, but your own team as well.

This is Common Sense. I’m Paul Jacob.

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initiative, referendum, and recall insider corruption term limits

The Natural State of Politicians

Republicans took over both chambers of the Arkansas Legislature, last November, and now have control for the first time since Reconstruction — that’s the century before the century before this century.

Not long after their installation ceremony, the Republican majority — apparently eager to make new reforms — introduced Senate Bill 821, creating a new state program to regulate people circulating initiative petitions. Arkansas activists, the Advance Arkansas Institute and Citizens in Charge were effective in getting legislators to dramatically pare back and remove several harmful and unconstitutional provisions of SB 821, but the legislation designed “to make the referendum process prohibitively difficult in Arkansas,” still passed.

Even more underhanded was passage of House Joint Resolution 1009, “The Arkansas Elected Officials Ethics, Transparency and Financial Reform Act of 2014.” It’s a doozy:

  • With claims of preventing legislators from giving themselves a pay raise, the measure actually removes the current constitutional requirement that voters approve any pay increase and creates a commission of citizens (appointed by legislators and other politicians) to give those same politicians a pay raise.
  • While claiming to enact a gift ban and other ethics reforms, the measure actually provides, Arkansas Times’ Max Brantley wrote, “constitutional protection extended to special interest banquets and travel junkets for legislators.”
  • Completely unannounced by the title, the measure also changes the state’s term limits by allowing legislators to hang around for 16 years in the House or the Senate.

Still, I look on the bright side. The people of Arkansas, having meet their new boss, will petition and vote and sue to protect their rights.

Plus, yesterday, the legislature adjourned. It’s safe again in Arkansas.

This is Common Sense. I’m Paul Jacob.