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Sunday, February 04, 2007
Paul Jacob :: Townhall.com Columnist
The awesome clarity of the ruling class
by Paul Jacob
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Many amongst our elite opinion leaders find government “Of the people” so passé. Yes, they’re all for government for the people, and plenty of it: Nanny-state government run by them. But government “by the people?” Egads, no.

Hardly a week goes by without legislators or big lobbyists in one state or another suggesting that the entire voter initiative process be scrapped. Or proposing a myriad of ways to cripple initiative efforts . . . that is, when total destruction isn’t politically viable.

This week’s anti-democratic drumbeater is State Senator Chuck Gross, a Republican representing St. Charles, Missouri. He wrote an op-ed for the St. Louis Post-Dispatch bemoaning “uninformed voters” and their right to initiate laws and constitutional amendments that might impinge on the carte blanche enjoyed by politicians.

“The initiative petition process in Missouri is a runaway car without a brake,” wrote the state senator. “It’s not an accident waiting to happen; it’s a car that regularly crashes.”

But, puzzlingly, Sen. Gross doesn’t bother to mention a single vote by Missourians that was mistaken or misguided. Not a single one.

Sure, voters sometimes do regret a vote. As was the case recently in Florida, where citizens went back via the initiative process to reverse their decision to build an inter-city bullet train. But voters remain very satisfied with the policy changes made by initiative.

I could quote studies, but that would be pointless, for whether the people, Mr. Gross’s customers, happen to like the laws they’ve passed by initiative doesn’t impress Gross much. Gross’s beef? Politicians don’t control the process.

“No informed debate and fiscal consideration by elected representatives takes place,” he argues, “no matter how serious the consequences these measures may have if uninformed voters pass them into law.”

Gross completely ignores the active debate that goes on in the public about initiatives. But then our debates are “uninformed.”

There’s a theme here: Without career politicians, life itself would be impossible. Or so we’re told . . . by career politicians.

The good senator is willing to offer us poor unwashed masses some advice, at least those in the Show-Me state:

Missourians would be wise to consider changing the margin now required for passage of these initiatives from a simple majority to a two-thirds super majority. Perhaps that would help dissuade special interests from using these petition drives and initiatives for their own narrow purposes.

Sounds like the establishment folks figure they can muster just a third of the vote. Thus, their view of democracy? If they only lose two-to-one, they should still rule over citizens any way they like.

But what’s this blather about “special interests”?

The most powerful special interests despise the initiative process and will assist politicians in trashing it. The special interest lobbies have power in the dim hallways and backrooms of the capitol, where they plead for special treatment at taxpayers’ expense. This dynamic means that special interests don’t fare nearly so well making their case to taxpayers directly.

Moreover, with all the obvious, and even admitted, special-interest influence in our legislatures, it is a joke to hype fears of such influence in the voter initiative process. Wherein voters can simply vote their interests. Something their representatives have such difficulty doing.

What is being advocated by Senator Gross is hardly unique. Political insiders in other states also advocate regulating voter initiatives in order to make it nearly impossible for voters to successfully check their wayward political servants. The message seems clear: Don’t let the people vote.

If the voters are so uninformed on issues that affect them, one wonders how they are deemed smart enough to know which blow-dried candidate is lying. (Answer? Both.)

Raising the bar to make citizen initiatives more difficult impacts the powerful groups the least. They can spend to overcome such hurdles. It’s the grassroots groups that get cut out.

And that’s no accident.

With so much of politics locked up by powerful career politicians and special interests, the voter initiative process is the one area they just can’t quite control. Voters are liable to think up all manners of reforms — from term limits to state spending caps. And no matter how much special interests spend, voters manage to enact critical reforms.

With government as big as Goliath, the initiative hands David a slingshot.

So, every year, as legislatures come back into session and lobbyists and politicians renew their conversations, we see efforts to gut the voter initiative process.

Perhaps we always will. There is a divide between those who seek to rule, in the name of the people, and those who wish to see the people rule, at least within the strict limits of the Constitution.

Thomas Jefferson noticed this long ago:

Men by their makeup are naturally divided into two camps: those who fear and distrust the people and wish to draw all powers from them into the hands of higher classes; and those who identify themselves with the people, have confidence in them, cherish and consider them the safest and most honest, if not always the wisest repository of the public interest. These two camps exist in every country, and wherever men are free to think, speak, and write, they will identify themselves.

Hats off to you, Mr. Gross, for your clarity in this argument.

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About The Author
Paul Jacob is President of Citizens in Charge. His daily Common Sense commentary appears on the Web, via e-mail, and on radio stations across America.
 
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You better believe it!!
The careerist politicians and their masters HATE it when the public speaks out for themselves. Lucky we have the initiative process in CA. But there are flaws here too.

For one, judges can put the results on hold while the special interest group du jour goes to court. For years and at great expense.

There is no spending equality or equal time mandated. The monied, such as unions, can sack their treasuries to run TV ads for months.

There are no Truth Squads which can pull off the most misleading ads from circulation. Gross lying is common.

But the really most popular things can get passed and sometimes make it into law. There they are submitted to the constant attacks from the Legislature who opposed "home rule".

Still, it helps to keep them honest(?), somewhat.




Special Interest Groups
One should look at the liberal's definition of special interests and grass roots organizations:

Special interest: Any conservative organization containing more than 1 person. Sometimes call a "lobby".

Grass Roots Organization: Any group, regardless of size, that supports liberal causes. Never called a "lobby".

We now have McShame-Finegoat in place. We should expect "equal time" soon. After that the attack will be on those states that have voter initiatives. Mine does not have these now.

Marching Mommies excepted
The planet is being overrun by Marching Mommies screaming NO NO! and slapping legal products out of the hands of adults, and their primary excuse for this is that if we won't stop it because we don't believe what they tell us, they HAVE to force us for our own good. This attitude comes from their absolute abject failure to convince their screaming two-year-old to sit in the car seat, eat her peas, or go to bed, by earnest reasoned conversation. Isn't it funny that the same Mommies who cannot raise their voices to discipline their children feel absolutely secure when screaming "I SAID NO!" and slapping at their peers?

Why is it that the Marching Mommies cry and scream when a plane load of passengers won't give them an hour to reason with their screaming three-year-old who won't sit in her seat so they can take off; yet these same Mommies want cigarettes, adults-only apartment buildings and automobiles banned simply because they said NO and don't you dare try to present any other point of view?

Do they even see a dissonance here? I bet they don't. I bet you don't either.

Even with Initiatives
The politicians often simply ignore them or refuse to enact the legislation.

In California, Prop 187 (cutting off benefits to Illegal Aliens) passed, was taken to court by its opponents and the Governor (Grey Davis) refused to appeal the decision and let it die.

In Massachusetts, the Gay Marriage initative was endlessly thwarted by the legislature in direct violation of the state constitution.

The elites have already hamstrung the initiative process to such an extent that it no longer has any real impact unless the politicos deign to allow it.

Lydia
It was bad enough when the Marxists were confined to DC. Now that they've gained power at the local level, their objectives are to tax everyone off of their property soas to turn it over to condo-developers where less property is used to house more at a higher level of taxation. With the influx of Californian Marxists, it's occuring in Colorado (Arvada & Lakewood to name a few cities).

I should have been a politician.
Just think. I could get a huge salary paid by the taxpayer. And the work would consist of showing up on the floor to vote once in awhile. The rest of the time I spend flying all over the world taking my family and as many friends as I chose. At taxpayer expense. Several planes are needed for each trip to take along the secret service, armored cars and reporters. Of course this is all done under the guise of Exploring a problem in a distant land. Who wouldn't want to protect a gig like that.

Politicians are probably, the biggest cons there are. And I get nauseated when I hear them try to convince people that they are "just common folk." That they pay tax's just as we do. Not Hardly!

Consider, a politician gets paid from the Federal reserve. Our Tax Money! Then when they pay tax's, where does the money go? Back into the Fed! Basically they pay their own tax's with our tax money. That is like if when you paid tax's you put the tax money back into your own bank account.

But then if they run short of investment money they can just vote themselves another raise. Nice little Kingdoms they build for themselves.

Pols and taxes
Several people have noted that local taxes are out of control. This is true, and there are two groups that are to blame.

1. The public employees and their unions. Public employee wages are higher than private sector wages by, literally, orders of magnitude. Quite a few public employees hold several full time jobs in several different municipalities. They enjoy absolute job security. They are entitled to generous pensions after relatively short careers, which can and does lead to them retiring from one municipal job and taking another.

2. Teachers and the hangers-on in the educational system. Someone once said that the definition of a perfect school would be a log with the student on one end and Thomas Jefferson on the other. What I said about public employees goes double or triple for teachers, except that teachers come from the lowest intellectual levels of college and university and work eight months of the year, if that.

Neither group has the least measure of performance measurement or market competition.

Is there a solution? Possibly through starving the beast and letting attrition take its toll. Possibly through measures to prevent double and triple jobs. Perhaps school vouchers. Perhaps privatizing whole sectors of the public employment mess. Other than these, I don't see much that is going to change until we get blood in the streets over property and income taxes.

Barry

To Barry
Blaming the high local taxes on unions doesn’t explain all the reasons. I live in a suburb of a small town in SC (< 7000 people). The taxes on my house have increased by 300% in the 25 years I have owned it. Ah you say, taxes in the South are low and are just catching up. When I first moved here sales tax was 3%, it is now 9% in the local town (and no exemption for groceries etc.). The effective tax rate on real property is 0.01% in our county and higher in other counties near larger towns. If you have the misfortune to live inside the city limit’s the real property tax rate is doubled to 0.02%. The taxes on automobiles are the highest in the country. My 1996 F-150 pickup was $400.00 the first year I had it. Taxes on sin here are sinful (beer is second highest in the country, liquor is the highest). All of this AND SC is a right to work State with very few unions and none in the local government shops. I think the problem is that politicians have found that you can continue to raise taxes without fail as long as there is a significant portion of the electorate that does not pay the taxes.

What we could do is make a requirement that you have to had paid a certain amount of taxes before you can vote. If everyone had to pay taxes there would not be as many taxes.

Video

GROSS
I'll bet there are lot of people in Mr. Gross' district that regret voting for him right now.

Lydia
Property taxes raise money for schools in CA. They used to be controlled by the legislature.

Then we passed Prop 13 which limits property tax increases to 2% each year. The legislature HATES that as it blocked an avenue to tax the rich on what they own, not what they make.

If there is a solution for you I hope you find it. Perhaps you can move. Millions have left CA for the no-income-tax-state of Nevada.

Using the Wrong Jefferson Quote
Mr. Jacobs really should have quoted President Thomas Jefferson's tree of liberty comment. 'Nuf said. I'm not prepared to end up on an FBI watch list right now. Of course, that may have been his reasoning also for not using it.

We "uniformed" voters
now have to plough through reams and tons of material to come up with what seems to be reasonable and possibly true since we certainly cannot trust anything on the nightly news or in "the paper of record" and the majority of other papers to be remotely unbiased.

Maybe the senator means the uniformed are liberals since everything is controlled by them?

In Washington State, we laughingly have the voter initiative and referendum. I say laughingly because all the legislature or governor need do if they don't like the people's vote is declare an emergency. That in effect ends it. But what is funnier is our elections aren't even valid. Fraud is rampant and not addressed, even by the minority Republicans.

One more thing. We haven't been a nation "by the people" for a long time. The Federal government has had its hand in our lives for centuries since it began meddling in other than national security, treaties and flying a man to the moon.

You like it now, conservatives...
Principled conservatives have rightfully been very skeptical about the initiative and referendum process becuase they, unlike today's conservatives, were not wildly enthusiastic about democracy. Consider, after all, who brought these wonderful political devices into our government--that's right, the Progressives of the early 20th century, who were eager to have suburban, middle-classe supporters of "good government" (the Progressive mantra) able to mobilize and defeat all those horrible immigrants whose voters were bought by the big city political machines. Conservatives used to know that the Progressives were an enemy force, eager to turn the American political system into a plebiscitary democracy managed by an educated administrative elite. Now look at you folks--buying into a method of influencing government that positively reeks of democratic extremism.

Now why do you guys do this? What reason do you have? Only this. You're confident tht most of the public is now sympathetic to conservative issues and policies. If and when the public turns more leftward, I'm sure conservatives will be the first to howl about mob rule--just as they did a couple of generations ago.

So, enjoy your moments while you can. As with all things, the wheel will someday turn and you'll find yourselves fighting off initiatives and referenda originating on the left.

Two Words: Term Limits
One of the few measures we can take to protect ourselves from these types of incursions is to implement across-the-board term limits, even for judges.

Maybe now that the Republicans again find themselves on the losing side, they can re-ignite their interest in this necessary safeguard.

Government has become so large and intrusive that we can no longer afford to leave it in the unmanaged hands of the politicians and their cronies. We have the 22nd Amendment. Why not a similar measure for all the branches at all levels?

Republic, Democracy Then Tyranny
Gestell,
Your observations are correct. Conservatives tend to think of a republic as a better form of government than pure democracy. However, neither Plato nor the Founding Fathers envisioned a class of professional politicians intent upon running the nation into the ground for political gain. Rome showed us that a republic can evolve directly into tyranny without passing through a democracy stage. Sometimes, the people need to seize the initiative in some non-violent way to remind politicians who is supposed to be boss. Term limits would be great (ideally, they shouldn't even be necessary), but expecting the politicians to enact them would be analogous to expecting children to know when to stop eating sweets.

Voter Initiatives
The problem with stopping career politicians is most States cannot muster the anger, or energy needed to put a restraint upon them. Sorry. Let me re-phrase. If it takes a simple majority to pass a voter initiative, and the average voter turn-out is 32 percent (high estimate), then the good politicians have nothing to worry about. I agree with Tom Jeffersson's assessment of the situation, with one exception; mixed in with those two classes of people are the ones who are too apathetic to do anything about it. And they, in this country, tend to constitute the majority. Good luck getting voters to the polls !

get rid of initiatives
Gestell described reality on this issue perfectly. A couple other reasons I would love to see initiatives go by the wayside:

1. We elect and pay LEGISLATORS to do the business of lawmaking. You don't like a law? You can vote to remove those who passed it when they are up for re-election.

2. The initiative process is now making a mockery of local control. I live in the central region of the country (and am one of the 5 or 6 liberals who live in my state). Our anti-gay marriage amendment ballot campaign was financed and run by a Virginia outfit. The failed state spending cap amendment ballot issue originated from an activist in New York state. Local and state initiatives are now the domain of NATIONAL conservative special interest groups. Get rid of them!

Referenda
I used to live in California, where bond issue referenda rained down by the bucketful. The California legislature pushed off the responsibility for raising the costs for education and prisons (a big portion of the referenda) onto the voter. They didn't have to cast costly votes which would raise additional taxes.

Instead, bonds are issued which increase the total cost of the projects and places the cost onto property owners in higher property taxes. This has the effect of hiding the true cost of government without costing the politicians anything.

I voted NO to all bond issues on principal.

Political Censorship
It is interesting to note that the people most in favor of censorship are the Democrats. While they want free expression regarding the arts (bullwhips in rear ends, crucifixes in urine, etc.), especially goverment funded, they are against the free expression of politics. Campaign Finance Reform and Equal Time are two major examples.

Yes, there were Republican fingerprints involved with Campaign Finance Reform, and I denounce their complicity as well.

Using the courts to by-pass the people
The courts are being used by the liberals to enact their agenda. Re-interpret the constitution, find new "rights", and voila! New measures are foisted on the people without their approval.

Abortion is a good example. What was the phrase? "Shadow of a penumbra" describing the right to privacy now found in the Constitution and now abortion is the law of the land without their ever being a law.

The abortion zealots don't want the citizens to vote, so they go to the courts.

Just as odious are court interpreted laws that can change as the court changes. The Americans with Disabilities Act signed by Bush the Elder is an example.

The law doesn't provide explicit rules for what is included. Vague phrases like "essential functions" and "reasonable accommodations" are so ill-defined that being in compliance with the law is at the whim of the courts.

So, as we define new "disabilities", employers have to adapt for the "disabled" or risk being sued. Most complaints are reasonable, but the employer has to bear the cost of defending themselves regardless of the merits of the case. There is a need for some legislation along these lines. But, letting the court to define new rules ad hoc is no way to do business.

In both of these cases, a small minority may force their cause on the majority without their consent.

Initiatives benefit lobbyists, not voter
Good On Paper is right. Initiatives benefit lobbyists and hired political hit men from out of state, corporations, and reporters: not the voters. The same cynicism you might find in local contests for state reps and senators, etc., only becomes magnified when initiatives wind up for political grabs on state-wide ballots.

Of course, sometimes there are some legislatures, most notably mine in Massachusetts, that have the power through constitutional conventions to thwart the public's desire and deny it the chance to vote on something many people signed ballot petitions to put things up for vote. Most recently the Legislature had to obey the public's desire to have a vote on the gay marriage. Ironically enough, this came about because the same state Supreme Court that gave the nation its first "gay marriage" -- also told Beacon Hill to give in to the voters.

I recognize that there are moments when initiatives can help, but I'm dreading the gawdawful ads and other media barrages to come during the next election cycle when the issue is on the ballot. This will be THE
battle royale of social issues, and the major contestants won't be the locals, but out of staters.

I think the legislator in MO does have a point when he says the voters are not as well informed as they should be. Sometimes that's the fault of the voters themselves for not taking time to bone up on the issues first. (I'm guilty of that sometimes.) Then you have people who as the late Tip O'Neill used to say, can "buy ink by the barrel," and they're always accompanied by their buddies in the electronic media.

Peoples' intiatives? Think again.

Take your pick
"Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action." —George Washington

"It is not the function of our government to keep the citizen from falling into error; rather, it is the function of the citizen to keep the government from falling into error."
Justice Robert H. Jackson

(A) Congress with power to do whatever would be for the good of the United States…as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please Thomas Jefferson


Karl Marx told us “Democracy is the road to socialism.”

If you think Americans are waking up to an overbearing, agendizing and usurping government and that they are now reaching for the reins to control their own destiny, your right, we are.
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