In this episode of WichitaLiberty.TV: Radio talk show host Joseph Ashby joins host Bob Weeks to discuss his interview with Kansas Governor Sam Brownback, the end of the legislative session, and Republican presidential candidates. Episode 87, broadcast June 21, 2015. View below, or click here to view at YouTube.
In this excerpt from WichitaLiberty.TV: What recourse do citizens have when elected officials are not responsive? Initiative and referendum are two possibilities. View below, or click here to view at YouTube. Originally broadcast May 3, 2015.
A Wichita statistician is thwarted in efforts to obtain data that might explain a strange observation.
A paper details the discovery of unexplained patterns in election returns. The paper is titled 2008/2012 Election Anomalies, Results, Analysis and Concerns. The authors are Francois Choquette and James Johnson. A passage from the introduction explains what has been noticed:
Back in February 2012 during the South Carolina primaries, a keen observer noted that Republican candidate Mitt Romney had an unusual gain of votes in larger precincts. Analysts noted this effect violated expected statistics. Specifically, the percentage of votes in each precinct strangely increased as a function of precinct size (vote tally). The vote gain is correlated to precinct size, not the precinct location, be it in cities or rural areas. This anomaly is not apparent in other elections that don’t include Republican candidates. In 2008, Mitt Romney had the benefit of this anomaly and then the gain switched to John McCain once Romney exited the campaign. The Democrat Party elections we looked at don’t show this problem. (emphasis added)
There is a mysterious correlation between votes for Republican candidates and the number of votes cast in a precinct. So far no one has advanced a convincing reason why this should happen.
In Wichita, WSU statistician Beth Clarkson has sought to obtain the paper tapes that Sedgwick County voting machines produce as voters make selections using the electronic machines. (“WSU statistician sues seeking Kansas voting machine paper tapes,” April 1, 2015 Wichita Eagle)
But Kansas Secretary of State Kris Kobach has said no, the time for viewing the tapes has passed. According to Kansas law, he says, the records are sealed. (“Kobach on Sedgwick County election lawsuit: Time is past, votes are sealed, April 5, 2015 Wichita Eagle)
The Choquette and Johnson paper gives the method for examining the relationship between precinct size and candidate vote percentages. I applied the method to three recent Sedgwick County elections. The anomaly appears to be present.
If Kansas law does in fact prevent the release of voting machine tapes to Clarkson, we need to change the law, and right now. It’s curious that Secretary Kobach is not interested in investigating this apparent anomaly. Voting fraud has been one of Kobach’s key issues.
I was concerned that the paper tapes produced by voting machines might contain information that would link individual voters with the votes they cast. That would be a potential problem concerning the confidentiality of votes. But when I voted this week, I watched the information printed on the tape, and I don’t believe there is a concern.
The Sedgwick County Election Office reports that for the March 3, 2015 primary election there were 200,371 registered voters in the City of Wichita. 19,605 ballots were cast, for a turnout rate of 9.8 percent.
View a map of turnout by precinct below, or click here to open in a new window.
In this episode of WichitaLiberty.TV: Congressman Mike Pompeo talks about risks to America from overseas, Benghazi, congressional scorecards, the Grant Return for Deficit Reduction Act, and labeling food with genetically engineered ingredients. View below, or click here to view at YouTube. Episode 78, broadcast March 15, 2015.
From January 2012, how tax increment financing routes benefits to politically-connected firms.
The latest evidence we have is the construction of a downtown parking garage that benefits Douglas Place, especially the Ambassador Hotel, a renovation of a historic building now underway.
The flow of tax dollars Wichita city leaders had planned for Douglas Place called for taxpayer funds to be routed to a politically-connected construction firm. And unlike the real world, where developers have an incentive to build economically, the city created incentives for Douglas Place developers to spend lavishly in a parking garage, at no cost to themselves. In fact, the wasteful spending would result in profit for them.
The original plan for Douglas Place as specified in a letter of intent that the city council voted to support, called for a parking garage and urban park to cost $6,800,000. Details provided at the August 9th meeting of the Wichita City Council gave the cost for the garage alone as $6,000,000. The garage would be paid for by capital improvement program (CIP) funds and tax increment financing (TIF). The CIP is Wichita’s long-term plan for building public infrastructure. TIF is different, as we’ll see in a moment.
At the August 9th meeting it was also revealed that Key Construction of Wichita would be the contractor for the garage. The city’s plan was that Key Construction would not have to bid for the contract, even though the garage is being paid for with taxpayer funds. Council Member Michael O’Donnell (district 4, south and southwest Wichita) expressed concern about the no-bid contract. As a result, the contract was put out for competitive bid.
Now a winning bid has been determined, according to sources in city hall, and the amount is nearly $1.3 million less than the council was willing to spend on the garage. This is money that otherwise would have gone into the pockets of Key Construction. Because of the way the garage is being paid for, that money would not have been a cost to Douglas Place’s developers. Instead, it would have been a giant ripoff of Wichita taxpayers. This scheme was approved by Mayor Carl Brewer and all city council members except O’Donnell.
Even worse, the Douglas Place developers have no incentive to economize on the cost of the garage. In fact, they have incentives to make it cost even more.
Two paths for developer taxes
Recall that the garage is being paid for through two means. One is CIP, which is a cost to Wichita taxpayers. It doesn’t cost the Douglas Place developers anything except for their small quotal share of Wichita’s overall tax burden. In exchange for that, they get part of a parking garage paid for.
But the tax increment financing, or TIF, is different. Under TIF, the increased property taxes that Douglas Place will pay as the project is completed won’t go to fund the general operations of government. Instead, these taxes will go to pay back bonds that the city will issue to pay for part of the garage — a garage that benefits Douglas Place, and one that would not be built but for the Douglas Place plans.
Under TIF, the more the parking garage costs, the more Douglas Place property taxes are funneled back to it — taxes, remember, it has to pay anyway. (Since Douglas Place won’t own the garage, it doesn’t have to pay taxes on the value of the garage, so it’s not concerned about the taxable value of the garage increasing its tax bill.)
Most people and businesses have their property taxes go towards paying for public services like police protection, firemen, and schools. But TIF allows these property taxes to be used for a developer’s exclusive benefit. That leads to distortions.
Why would Douglas Place be interested in an expensive parking garage? Here are two reasons:
First, the more the garage costs, the more the hotel benefits from a fancier and nicer garage for its guests to park in. Remember, since the garage is paid for by property taxes on the hotel — taxes Douglas Place must pay in any case — there’s an incentive for the hotel to see these taxes used for its own benefit rather than used to pay for firemen, police officers, and schools.
Second, consider Key Construction, the planned builder of the garage under a no-bid contract. The more expensive the garage, the higher the profit for Key.
Now add in the fact that one of the partners in the Douglas Place project is a business entity known as Summit Holdings LLC, which is composed of David Wells, Kenneth Wells, Richard McCafferty, John Walker Jr., and Larry Gourley. All of these people are either owners of Key Construction or its executives. The more the garage costs, the higher the profit for these people. Remember, they’re not paying for the garage. City taxpayers are.
The sum of all this is a mechanism to funnel taxpayer funds, via tax increment financing, to Key Construction. The more the garage costs, the better for Douglas Place and Key Construction — and the worse for Wichita taxpayers.
Fueled by campaign contributions?
It’s no wonder Key Construction principals contributed $16,500 to Wichita Mayor Carl Brewer and five city council members during their most recent campaigns. Council Member Jeff Longwell (district 5, west and northwest Wichita) alone received $4,000 of that sum, and he also accepted another $2,000 from managing member David Burk and his wife.
This scheme — of which few people must be aware as it has not been reported anywhere but here — is a reason why Wichita and Kansas need pay-to-play laws. These laws impose restrictions on the activities of elected officials and the awarding of contracts.
An example is a charter provision of the city of Santa Ana, in Orange County, California, which states: “A councilmember shall not participate in, nor use his or her official position to influence, a decision of the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor.”
This project also shows why complicated financing schemes like tax increment financing need to be eliminated. Government intervention schemes like this turn the usual economic incentives upside down, and at taxpayer expense.
On February 19, 2015 the Sedgwick County Republican Party held a forum for Republican candidates for Wichita mayor. Attending, in the order of their appearance, were Sean Hatfield, Dan Heflin, Jeff Longwell, Sam Williams, and Jennifer Winn. Todd Johnson moderated. Jennifer Baysinger compiled questions from the audience and asked them of candidates. Sue Colaluca was the timing judge.
On February 17, 2015 Coalition for a Better Wichita sponsored a forum for the ten candidates running for Wichita mayor. Jennifer Baysinger is the moderator.
Kansas law overrides neighborhood covenants that prohibit political yard signs before elections.
Some neighborhoods have restrictive covenants that prohibit homeowners from placing any signs in their yard except signs advertising homes for sale. But a 2008 Kansas law overrides these restrictive covenants to allow for the placement of small political yard signs starting 45 days before an election. Still, residents of covenant neighborhoods may want to observe their neighborhood’s restrictions.
The bill was the product of then-Senator Phil Journey of Haysville. The bill passed unanimously in both the Kansas House and Senate.
According to the First Amendment Center, some 50 million people live in neighborhoods with homeowners associations. And laws like the 2008 Kansas law are not without controversy, despite the unanimous vote in the Kansas Legislature.
While the U.S. Supreme Court has ruled that governmental entities like cities can’t stop homeowners from displaying political yard signs, a homeowners association is not a government. Instead, it is a group that people voluntarily enter. Generally, when prospective homeowners purchase a home in a neighborhood with restrictive covenants, they are asked to sign a document pledging to comply with the provisions in the covenants. If those covenants prohibit political yard signs, but a Kansas law says these covenants do not apply, what should a homeowner do? Should state law trump private contracts in cases like this?
Practically: Should you display signs in your yard?
While Kansas law makes it legal for those living in communities with covenants that prohibit political yard signs, residents may want to observe these convents. Here’s why: If neighbors are not aware of this new Kansas law and therefore wrongfully believe that the yard signs are not allowed in your neighborhood, they may think residents with signs in their yards are violating the covenants. By extension, this could reflect poorly on the candidates that are being promoted.
Those who are not aware of the law allowing yard signs are uninformed. Or, they may be aware of the law but disagree with it and wish their neighbors would not display political yard signs. These people, of course, may vote and influence others how to vote. Whether to display yard signs in a covenant neighborhood is a judgment that each person will have to make for themselves.
The Kansas statute
K.S.A. 58-3820. Restrictive covenants; political yard signs; limitations. (a) On and after the effective date of this act, any provision of a restrictive covenant which prohibits the display of political yard signs, which are less than six square feet, during a period commencing 45 days before an election and ending two days after the election is hereby declared to be against public policy and such provision shall be void and unenforceable.
(b) The provisions of this section shall apply to any restrictive covenant in existence on the effective date of this act.
Or, as described in the 2008 Summary of Legislation: “The bill invalidates any provision of a restrictive covenant prohibiting the display of political yard signs, which are less than six square feet, 45 days before an election or two days after the election.”
While many believe that judges should not “legislate from the bench,” that is, make law themselves, the reality is that lawmaking is a judicial function. In a democracy, lawmakers should be elected under the principle of “one person, one vote.” But Kansas, which uses the Missouri Plan for judicial selection to its two highest courts, violates this principle.
A recent paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the process used in Kansas. The paper is titled Originalism, Balanced Legal Realism and Judicial Selection: A Case Study and may be downloaded at no charge. The Kansas courts that use the judicial selection described in the paper are the Kansas Court of Appeals and the Kansas Supreme Court.
At issue is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process. Ware explains: “This realist view that statutory interpretation often involves ‘substantial judicial discretion’ and therefore constitutes ‘judicial lawmaking, not lawfinding,’ had by the 1950s, ‘become deeply rooted.'”
A “‘balanced realism,’ to use Brian Tamanaha’s appealing label, recognizes both that judges’ policy preferences have little or no influence on many judicial decisions and that judges’ policy preferences have a significant influence on other judicial decisions. Empirical studies tend to support this balanced view.” In other words, there is some role for ideology in making judicial decisions. Politics, therefore, is involved. Ware quotes Charles Gardner Geyh: “In a post-realist age, the ideological orientation of judicial aspirants matters.” And the higher the court, the more this matters.
Since judges function as lawmakers, they ought to be selected by a democratic process. In the Kansas version of the Missouri Plan, a nominating commission dominated by lawyers selects three candidates to fill an opening on the Kansas Court of Appeals or Kansas Supreme Court. The governor then selects one of the three, and the process is over. A new judge is selected. This process gives members of the state’s bar tremendous power in selecting judges.
Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. In one, a workers’ compensation case, the employee would lose his appeal if the “clear” precedent was followed. Justice Carol A. Beier wrote the opinion. Ware explains:
But this is not, in fact, what Justice Beier and her colleagues on the Kansas Supreme Court did. Rather they did what Kansas Judges Greene and Russell say never happens. Justice Beier and her colleagues engaged in lawmaking. They changed the legal rule from one contrary to their ideologies to one consistent with their ideologies.
Justice Beier’s opinion doing this started by criticizing the old rule, while acknowledging that it was, in fact, the rule prior to her opinion by which the Supreme Court made new law. Here again is the above quote from Coleman, but now with the formerly omitted words restored and italicized: “The rule is clear, if a bit decrepit and unpopular: An injury from horseplay does not arise out of employment and is not compensable unless the employer was aware of the activity or it had become a habit at the workplace.”
Who decided that this rule is “decrepit and unpopular” and so should be changed? Was it the Kansas Legislature? No, it was the Kansas Supreme Court. It was judges, not legislators, who decided that this legal rule was bad policy. It was judges, not legislators, who changed the law to bring it in line with what the lawmaking judges thought was good policy.
Beier wrote in her opinion: “We are clearly convinced here that our old rule should be abandoned. Although appropriate for the time in which it arose, we are persuaded by the overwhelming weight of contrary authority in our sister states and current legal commentary.”
The result: New Kansas law, made by people selected through an undemocratic process.
In conclusion, Ware writes:
Non-lawyers who believe in the principle that lawmakers should be selected democratically need to know that judicial selection is lawmaker selection to be troubled by the Missouri Plan’s violation of this principle. Non-lawyers who do not know that judges inevitably make law may believe that the role of a judge consists only of its professional/technical side and, therefore, believe that judges should be selected entirely on their professional competence and ethics and that assessments of these factors are best left to lawyers. In short, a lawyer who omits lawmaking from a published statement about the judicial role is furthering a misimpression that helps empower lawyers at the expense of non-lawyers, in violation of basic democratic equality, the principle of one-person, one-vote.
Prospects for Kansas
In Kansas, the process for selecting judges to the Kansas Court of Appeals is governed by statute, and can be changed by the legislature and governor. Last year the House of Representatives passed a bill to reform the process, but it was blocked by Senate Judiciary Chair Tim Owens. He said “I think this is the first time I did not hear a bill because I thought it was so bad. This is a terrible, terrible bill that’s hated by the courts; it’s an attempt to take over control of the courts.”
Owens, who ranked as the least friendly senator to economic freedom in the 2012 edition of the Kansas Economic Freedom Index, lost his bid for re-election in the August primary election. Many of the other moderate Republicans who voted against reform also lost their primary election contest.
Owens, it should be noted, is an attorney, and is therefore a member of the privileged class that has outsize power in selecting judges.
Sometimes legislators are simply uninformed or misinformed on judicial selection. An example is Jean Schodorf, who lost a re-election bid in August. In an interview, she was quoted as saying “We thwarted changes to judicial selection that would have allowed the governor to have the final say in all judicial selections.”
The bill that the senate voted on, and the one that Owens killed the year before, called for Court of Appeals judges to be appointed by the governor, with the consent of the senate. It’s actually the senate that has the final say.
Newspaper editorial writers across Kansas are mostly opposed to judicial selection reform. An example is Rhonda Holman of the Wichita Eagle, who in 2010 wrote: “Some critics may have a beef with past court decisions, perhaps even a legitimate one — which is no surprise, given that judicial decisions pick winners and losers. But they also may be motivated by politics — which is a problem, given that the judiciary is supposed to be fair, impartial and independent. In the absence of a strong case for change, Kansas should stick with what works.”
With the change in composition of the Kansas Senate, the climate is more favorable for reform for the way judges are selected for the Kansas Court of Appeals. The law governing how judges for the Kansas Supreme Court are selected is in the Kansas Constitution, and would require an amendment to alter the process. Such an amendment requires a two-thirds vote in both chambers of the Kansas Legislature, and then a simple majority vote of the people.
By the way: For those who criticize the support for judicial selection reform as pure power politics, since Kansas has a conservative governor, remember this: When Professor Ware sounded the need for reform and convinced me of the need, our governor was the liberal Kathleen Sebelius. There was also a liberal senate at that time, one which would undoubtedly have rubberstamped any nominee Sebelius might have sent for confirmation.
Originalism, Balanced Legal Realism and Judicial Selection: A Case Study
By Stephen J. Ware
Abstract: The “balanced realist” view that judging inevitably involves lawmaking is widely accepted, even among originalists, such as Justice Scalia, Randy Barnett and Steven Calabresi. Yet many lawyers are still reluctant to acknowledge publicly the inevitability of judicial lawmaking. This reluctance is especially common in debates over the Missouri Plan, a method of judicial selection that divides the power to appoint judges between the governor and the bar.
The Missouri Plan is one of three widely-used methods of selecting state court judges. The other two are: (1) direct election of judges by the citizenry, and (2) appointment of judges by democratically elected officials, typically the governor and legislature, with little or no role for the bar. Each of these two methods of judicial selection respects a democratic society’s basic equality among citizens — the principle of one-person, one-vote. In contrast, the Missouri Plan violates this principle by making a lawyer’s vote worth more than another citizen’s vote.
This Article provides a case study of the clash between the inevitability of judicial lawmaking and the reluctance of lawyers to acknowledge this inevitability while defending their disproportionate power under the Missouri Plan. The Article documents efforts by lawyers in one state, Kansas, to defend their version of the Missouri Plan by attempting to conceal from the public the fact that Kansas judges, like judges in the other 49 states, inevitably make law. The case study then shows examples of Kansas judges making law. The Article concludes that honesty requires lawyers participating in the debate over judicial selection in the United States to forthrightly acknowledge that judges make law. Lawyers who seek to defend the power advantage the Missouri Plan gives them over other citizens can honestly acknowledge that this is a power advantage in the selection of lawmakers and then explain why they believe a departure from the principle of one-person, one-vote is justified in the selection of these particular lawmakers.
The complete paper may be downloaded at no charge here.
Moving spring elections to fall of even-numbered years would produce more votes on local offices like city council and school board.
Before each election, observers such as newspaper editorialists and others urge citizens to get registered and to vote. After the election — especially spring elections in Kansas — the same parties lament the usually low voter turnout.
There is a pattern that could be used if we want more voters in city and school elections. That pattern is that in Sedgwick County, on average, people vote in fall elections at nearly 2.5 times the rate of voting in spring elections.
I’ve gathered statistics for elections in Sedgwick County, and these numbers show that voter turnout in spring elections is much lower than in fall elections. (For these statistics I count the August primary as part of the fall election cycle.) Since 2000, turnout for fall elections, both primary and general, has been 44 percent. Over the same period, spring elections turnout has been 18 percent. There were two special elections during this period, one in spring, and one in the fall cycle. I did not include them in these statistics.
Remarkably, a special Wichita citywide election in February 2012 with just one question on the ballot had voter turnout of 13.7 percent. One year earlier, in April 2011, the spring general election had four of six city council districts contested and a citywide mayoral election. Turnout was 12.8 percent, less than for a single-question election.
The problem of low voter participation in off-cycle elections is not limited to Sedgwick County or Kansas. In her paper “Election Timing and the Electoral Influence of Interest Groups,” Sarah F. Anzia writes “A well developed literature has shown that the timing of elections matters a great deal for voter turnout. … When cities and school districts hold elections at times other than state and national elections, voter turnout is far lower than when those elections are held at the same time as presidential or gubernatorial elections.”
Since this paper, Anzia has written, and University of Chicago Press published, a book on this topic: Timing and Turnout: How Off-Cycle Elections Favor Organized Groups.
In the paper, Anzia explains that when voter participation is low, it opens the door for special interest groups to dominate the election: “When an election is separated from other elections that attract higher turnout, many eligible voters abstain, but interest group members that have a large stake in the election outcome turn out at high rates regardless of the increase in the cost of voting. Moreover, interest groups’ efforts to strategically mobilize supportive voters have a greater impact on election outcomes when overall turnout is low. Consequently, the electoral influence of interest groups is greater in off-cycle elections than in on-cycle elections. As a result, the policy made by officials elected in off-cycle elections should be more favorable to dominant interest groups than policy made by officials elected in on-cycle elections.” (Election Timing and the Electoral Influence of Interest Groups, Sarah F. Anzia, Stanford University, Journal of Politics, April 2011, Vol. 73 Issue 2, p 412-427, version online here.)
The Kansas House of Representatives, led by its Speaker, decides to retain the ability to cast votes in secret.
On the Joseph Ashby Show Kansas House of Representatives Speaker Ray Merrick appeared to discuss several issues, one being an issue regarding legislative procedure in Kansas. In particular, there is a movement to have all votes by members recorded, including those in committee. Ashby asked “Can we record all those committee votes and have that available online?”
In a response that held a chuckle by Merrick — you can tell he isn’t comfortable with this topic — the Speaker said that his chairs run their committees, and they have the ability to record the votes in their committees, if they desire. But he said there are a lot of “gotchas.”
The speaker also said that every vote on the House floor is recorded. He clarified that as “final action” votes that are all recorded. It’s good that he made that clarification, as there are many voice votes on the floor of the House that are not recorded, and no one knows who voted each way. Most are inconsequential, but many are not.
The move to have all votes recorded is popularly known as the “Rubin Rule,” promoted by Representative John Rubin.
What is troubling is the admission by Merrick that if all votes are recorded there could be “gotchas.” As Speaker of the House, he is the one person who can lead reform of the legislative process. And it needs reform.
The gotchas referred to are votes that may be taken for reasons other than genuine legislative intent. There may be votes that are for show only. There may be votes that are simply preening for advertisements, either positive or negative ads. Legislators may vote in a way other than what they really believe. None of this is good.
The gotcha votes are a symptom of a larger problem. When legislative proceedings are complicated, when votes don’t really mean what they seem to mean, when citizens can’t easily understand the proceedings, we lose confidence in government. The understanding of legislative process remains in the hands of politicians, staff, and lobbyists, plus a few journalists who try to explain it.
We see the “omnibus” bills, which cover many topics. A vote for or against such a bill means very little, because there may some things legislators agree with, and some they don’t. But the entire package is forced upon them. Maneuvers like this allow Kansas Governor Sam Brownback, on the campaign trail, to say that his opponent Paul Davis voted against increasing school funding. This is true, but only because the bill contained other subjects. Everyone knows that Paul Davis wanted more school spending. But he couldn’t — at least he didn’t — vote in favor of that because the spending legislation was mixed with other legislation that he didn’t support.
We are left with the realization that we don’t conduct politics in a straightforward manner, where what politicians do and say actually reflects their values, and that anyone can see these values. Today the tradition continues. The Kansas House of Representatives failed to pass an amendment offered by Rubin to require recorded votes on all but trivial matters. As a result, it will be easy to know how your representative voted on the state fish of Kansas, but on important matters like school choice, you may never know.
On roll call, the vote was: Yeas 51; Nays 67; Present but not voting: 0; Absent or not voting: 7. Those with leadership positions are in boldface.
Yeas: Anthimides, Becker, Bollier, Bradford, Bridges, Bruchman, Couture-Lovelady, Campbell, Carmichael, B. Carpenter, Clark, Clayton, DeGraaf, Dierks, Doll, Esau, Ewy, Finch, Finney, Gallagher, Garber, Grosserode, Hedke, Hibbard, Highberger, Hildabrand, Hill, Hineman, Houser, Houston, Jennings, K. Jones, Kiegerl, Lusk, Macheers, O’Brien, L. Osterman, Ousley, Peck, Read, Rhoades, Rooker, Rubin, Scapa, Sloan, Sutton, Swanson, Trimmer, Ward, Whipple, Whitmer.
Nays: Alcala, Alford, Ballard, Barker, Barton, Billinger, Boldra, Brunk, Burroughs, Carlin, W. Carpenter, Claeys, Concannon, Corbet, Curtis, Dannebohm, Davis, Estes, Francis, Frownfelter, Gonzalez, Hawkins, Hemsley, Henderson, Henry, Highland, Hoffman, Huebert, Hutchins, Hutton, Johnson, D. Jones, Kahrs, Kelly, Kleeb, Kuether, Lane, Lunn, Lusker, Mason, Mast, McPherson, Merrick, Patton, Pauls, Phillips, Powell, Proehl, Ruiz, Ryckman, Ryckman Sr., Schroeder, Schwab, Schwartz, Seiwert, Smith, Suellentrop, Thimesch, Thompson, Tietze, Todd, Vickrey, Victors, Waymaster, Williams, Wilson, Wolfe Moore.
Present but not voting: None.
Absent or not voting: Dove, Edmonds, Goico, Kelley, Moxley, Sawyer, Winn.
In this episode of WichitaLiberty.TV: We’ll take a look at how city government and council meetings operate. Then, there are city elections coming up. How can you get involved? How can you decide which candidates to support? View below, or click here to view at YouTube. Episode 71, broadcast January 18, 2015.
How Wichita Eagle news stories label outside organizations is a window into the ideology of the paper’s newsroom.
A Wichita Eagle op-ed references a report released by two think tanks, Institute on Taxation and Economic Policy and Kansas Center for Economic Growth. (Kansas tax system among the most regressive, January 18, 2015.)
Here’s what readers can learn about the mindset of the Wichita Eagle. These organizations were named. Named and referenced without labels, adjectives, or qualifications that give readers clues about the ideology of the organizations.
That wouldn’t be remarkable except for noticing the contrast in how the Eagle labels conservative and libertarian organizations, most notably Kansas Policy Institute. A quick use of Google finds these mentions of KPI in recent Eagle pieces:
- “Dave Trabert, president of the Kansas Policy Institute and an outspoken advocate for conservative education reforms”
- “The Kansas Policy Institute, a free-market think tank linked to Koch Industries”
- “The Kansas Policy Institute, a conservative think tank”
- “Dave Trabert, president of the Kansas Policy Institute, a conservative think tank in Wichita”
- “The Kansas Policy Institute, a conservative think tank based in Wichita”
- “The Kansas Policy Institute, a conservative Wichita nonprofit organization”
- “parallel recommendations from the Kansas Policy Institute, a conservative small-government think tank”
Always, a reference to Kansas Policy Institute includes a description of the organization’s politics. This is not inaccurate, as KPI is conservative and free-market.
Contrast with these recent excerpts from Eagle stories:
- “Duane Goossen is a senior fellow at the Kansas Center for Economic Growth”
- “said Annie McKay, director of the Kansas Center for Economic Growth”
- “The Kansas Center for Economic Growth recently surveyed districts and analyzed data from the Kansas State Department of Education”
- “A study by the Institute on Taxation and Economic Policy that Laffer disputes”
- “said Matt Gardner, executive director of the liberal-leaning Institute on Taxation and Economic Policy”
- “according to an analysis by the Institute on Taxation and Economic Policy, which is based in Washington, D.C.”
- “Wednesday’s report by the Institute on Taxation and Economic Policy says”
You can see that one time the Eagle slipped and labeled ITEP as “liberal-leaning.” That’s actually a gentle characterization of ITEP, which in reality lies quite far on the left end of the political spectrum, as does Kansas Center for Economic Growth. But the use of a label shows that someone, at one time, was aware of ITEP’s politics.
So why does the Eagle routinely label Kansas Policy Institute, but never or rarely label Institute on Taxation and Economic Policy and Kansas Center for Economic Growth?
We know the editorial page of the Eagle is liberal, favoring progressive policies of more taxes and larger government over economic freedom almost without exception. We see too that the newsroom shares the same view, as shown by the sampling of references above. Labeling a source as conservative, free-market, and linked to Koch Industries is not meant by the Eagle to be a compliment.
A note: The two outfits the op-ed relied upon produce much content that is demonstrably wrong. The Tax Foundation has found many serious problems with the report that is the subject of the Eagle op-ed. See Comments on Who Pays? A Distributional Analysis of the Tax Systems in All 50 States (Second Edition). For KCEG, see Kansas school teacher cuts, student ratios.
The Overcriminalization of America
How to reduce poverty and improve race relations by rethinking our justice system
By Charles G. Koch and Mark V. Holden
As Americans, we like to believe the rule of law in our country is respected and fairly applied, and that only those who commit crimes of fraud or violence are punished and imprisoned. But the reality is often different. It is surprisingly easy for otherwise law-abiding citizens to run afoul of the overwhelming number of federal and state criminal laws. This proliferation is sometimes referred to as “overcriminalization,” which affects us all but most profoundly harms our disadvantaged citizens.
Overcriminalization has led to the mass incarceration of those ensnared by our criminal justice system, even though such imprisonment does not always enhance public safety. Indeed, more than half of federal inmates are nonviolent drug offenders. Enforcing so many victimless crimes inevitably leads to conflict between our citizens and law enforcement. As we have seen all too often, it can place our police officers in harm’s way, leading to tragic consequences for all involved.
Continue reading at Politico.
An incentives agreement the Wichita city council passed on first reading is missing several items that city policy requires. How the council and city staff handle the second reading of this ordinance will let us know for whose interests city hall works: citizens, or cronies.
My presentation centered on the lack of an agreement by the developer to forgo appeals of the tax valuation of the property. The applicant had done this in the past, and it caused a shortfall of TIF revenue that the city had to makeup. The city manager had said that taxpayers would be protected in future deals, but the city did not include this protection in the Mosely agreement.
The omission of this taxpayer protection was not all that was missing. The Downtown Development Incentives Policy, revised by the council on June 10, 2014, calls for several items to be supplied when seeking incentives, including tax increment financing, which was the incentive requested for the Mosely project. As I show below, many significant items related to taxpayer protection were missing.
The council approved the project on first reading, noting that the development agreement would be finalized in time for second reading.
This is insufficient. The second reading of an ordinance is usually handled as part of the consent agenda. This is a grouping of items that are voted on as a group, in bulk. There is no discussion unless a council member specifically requests. The practice of the city is that the text of the ordinances on second reading is not made available in the agenda packet, even though changes may have been made between first reading and second reading. That will certainly be the case with this ordinance, as many things are missing from the development agreement.
It’s not clear why there is a first reading and a second reading of an ordinance. It may be so that details may be corrected. Or, perhaps council members would like to have a chance to reconsider their first vote. City code seems to give no guidance as to how much change to an ordinance is allowable between first and second reading.
The problem we face in Wichita is that the approval of a development plan in a TIF district has a mandated public hearing. It is not optional. But the motion passed by the council this week closed the public hearing. Yet, the city will need to make substantial changes to the ordinance and development agreement if it intends to follow the downtown incentives policy that it created. But the public will have no chance to comment on the new material. If past city practice is followed, the new material will not be made available to the public, and perhaps not to council members.
This is a conflict that I do not believe can be resolved unless the city reopens the public hearing for consideration of the revised ordinance and developer agreement on first reading. Anything else disrespects procedures that are designed to benefit and protect the public.
Except. As with many city council policies, there are loopholes. As outlined below, the council can simply vote to waive the requirements of the downtown incentives policy. That gives the council an easy out. But that makes another mockery of the city’s policies, if the council waives them whenever they are inconvenient.
When I presented the defect in the development agreement to the council I asked: Is this lack of taxpayer protection an oversight, or is it by design? There was no answer.
I did not ask this question, but didn’t any city council member notice the omission of significant items needed to comply with its own policies? What about the city manager? Economic development director? City attorney?
More importantly, who in city hall looking out for the interests of taxpayers? Could the generous campaign contributions of Burk and his wife be a factor in this missing taxpayer protection? Or the generous contributions of Key Construction and its executives? (Key Construction is frequently used by Burk.) This is one more incident illustrating the need for campaign finance reform in Wichita.
Section D of the incentives policy states “parties requesting Downtown Development Incentives must submit the information listed below.” Significant missing items included the following:
CEDBR Fiscal Impact Model
The idea behind the city’s use of economic development incentives is that the city receives more than it spends or forgoes in future tax revenue. An analysis performed by the Center for Economic Development and Business Research (CEDBR) at Wichita State University is used to make this decision. This appears to have not been done for this project.
Guarantee for a proportional share of public revenue shortfall
This was not present in the developer agreement.
Economic analysis confirms that the project is infeasible “but for” public investment
This was not present in the developer agreement.
Minimum private to public capital investment ratio of 2 to 1
Information necessary to make this judgment was not included in the agenda presentation.
The incentives policy states: “Pro Forma — The project pro forma will be evaluated on the following criteria:
a. Rate of private investment return
b. Rents/prices consistent with performance of comparables
c. Projected rate of absorption consistent with performance of comparables
d. Long-term project solvency”
It appears that this analysis was not performed.
“Gap” Financing Requirement
The downtown incentives policy states: “Approval of Downtown Development Incentives will require a financial analysis demonstrating that the project would not otherwise be possible without the use of the requested development incentive (“gap” analysis). Parties requesting Downtown Development Incentives will be required to provide the City pro forma cash flow analyses and sources and uses of funds in sufficient detail to demonstrate that reasonably available conventional debt and equity financing sources are not available to fund the entire cost of the project and still provide the developer a reasonable market rate of return on investment.”
There is no evidence that this analysis was performed and made available to the council.
The incentives policy contains a loophole. If the council believes it is “inappropriate to evaluate a particular request for Downtown Development Incentives” using the policy, it may vote to waive the requirements.
A bill to raise the minimum wage in Kansas will harm the most vulnerable workers, and make it more difficult for low-skill workers to get started in the labor market.
Legislation introduced by Representative Jim Ward of Wichita would raise the minimum wage in Kansas by one dollar per hour each year until it reaches $10.25 per hour in 2018. The bill is HB 2012, captioned “enacting the Kansas working families pay raise act.”
The caption of the bill, referencing “working families,” hints at the problem, as seen by progressives. The minimum wage does not generate enough income to raise a family. While the bill calls for raising the minimum wage, it makes no reference of whether workers are raising a family, or working part-time for pin money while in high school.
But aside from that, there is the important question to consider: Will raising the minimum wage help or harm low-wage earners? And are the policy goals — taken in their entirety — of the groups pressing for a higher minimum wage in the best interest of workers? The answer to these questions is that higher minimum wages harm low-wage workers and low-skilled people who would like to work.
The great appeal of a higher minimum wage mandated by an act of the legislature is that it seems like a wonderfully magical way to increase the wellbeing of low-wage workers. Those who were earning less than the new lawful wage and who keep their jobs after the increase are happy. They are grateful to the lawmakers, labor leaders, newspaper editorialists, and others who pleaded for the higher minimum wage. News stories will report their good fortune.
That’s the visible effect of raising the minimum wage. But to understand the entire issue, we must look for the unseen effects.
The not-so-visible effect of the higher wage law is that demand for labor will be reduced. Those workers whose productivity, as measured by the give and take of supply and demand, lies below the new lawful wage rate are in danger of losing their jobs. The minimum wage law says if you hire someone you must pay them a certain amount. The law can’t compel you to hire someone, nor can it compel employers to keep workers on the payroll.
The difficulty is that people with lose their jobs in dribs and drabs. A few workers here; a few there. They may not know who is to blame. Newspaper and television reporters will not seek these people, as they are largely invisible, especially so in the case of the people who are not hired because of the higher wage law.
In the real world, business owners have many things they can do when labor becomes more expensive. Some things employers do to compensate for higher labor costs include these:
- Reduce non-wage benefits such as health insurance.
- Eliminate overtime hours that many employees rely on.
- Substitute machines for labor. We might see more self-service checkout lanes at supermarkets, more automated ordering systems at fast food restaurants, and more use of automated telephone response systems, for example.
- Use illegal labor. Examples include paying employees under the table, or requiring work off-the-clock.
- Some employers may be more willing to bear the risks of using undocumented workers who can’t complain that they aren’t being paid the minimum wage.
- Some employers may decide that the risks and hassles of being in business aren’t worth it anymore, and will close shop. Others simply can’t afford the higher wages and close. The Wall Street Journal reported on a nonprofit restaurant that couldn’t survive under Michigan’s higher minimum wage, reporting “These unintended consequences of a minimum wage hike aren’t unique to small towns in south-central Michigan. Tragically, they repeat themselves in locales small and large each time legislators heed the populist call to ‘raise the wage.'”
If we are truly concerned about the plight of low-wage workers we can face some harsh realities and deal with them openly. The simple fact is that some people are not able to produce output that our economy values very much. They are not very productive. Passing a law that requires employers to pay them more doesn’t change the fact that their productivity is low. But there are ways to increase productivity.
One way to increase workers’ productivity is through education. Unfortunately, there is ample evidence that our public education system is failing badly.
Capital — another way to increase wages — may be a dirty word to some. But as the economist Walter E. Williams says, ask yourself this question: who earns the higher wage: a man digging a ditch with a shovel, or a man digging a ditch using a power backhoe? The difference between the two is that the man with the backhoe is more productive. That productivity is provided by capital — the savings that someone accumulated (instead of spending on immediate consumption or taxes) and invested in a piece of equipment that increased the output of workers and our economy.
Education and capital accumulation are the two best ways to increase the productivity and the wages of workers. Ironically, the people who are most vocal about raising wages through legislative fiat are also usually opposed to meaningful education reform and school choice, insisting on more resources being poured into the present system. They also usually support higher taxes on both individuals and business, which makes it harder to accumulate capital. These organizations should examine the effects of the policies they promote, as they are not in alignment with their stated goals.
If it were possible to increase the prosperity of everyone by simply passing a law, we should do it. But that’s not the way the world works regarding minimum wage laws.
Who is harmed?
Walter Williams explains who is most harmed by minimum wage laws, and also the politics:
How about the politics of the minimum wage? In the political arena, one dumps on people who can’t dump back on him. Minimum wages have their greatest unemployment impact on the least skilled worker. After all, who’s going to pay a worker an hourly wage of $10 if that worker is so unfortunate as to have skills that enable him to produce only $5 worth of value per hour? Who are these workers? For the most part, they are low-skilled teens or young adults, most of whom are poorly educated blacks and Latinos. The unemployment statistics in our urban areas confirm this prediction, with teen unemployment rates as high as 50 percent.
The politics of the minimum wage are simple. No congressman or president owes his office to the poorly educated black and Latino youth vote. Moreover, the victims of the minimum wage do not know why they suffer high unemployment, and neither do most of their “benefactors.” Minimum wage beneficiaries are highly organized, and they do have the necessary political clout to get Congress to price their low-skilled competition out of the market so they can demand higher wages. (Politics and Minimum Wage)
The role of labor unions
Labor unions favor higher minimum wages laws. Why? Here’s what one union said in making its argument: “However, not only is $9/hour a step in the right direction, it is also good for union members, who stand to seek even greater wage increases in their contracts, if they make more than the current minimum wage of $7.25.” ( United Food and Commercial Workers International Union (UFCW).)
Minimum wage as competitive weapon
We also need to examine the motivations of business firms that support a higher minimum wage. Sometimes they see a way gain a competitive advantage.
In 2005 Walmart came out in favor of raising the national minimum wage. Providing an example of how regulation is pitched as needed for the common good, Walmart’s CEO said that he was concerned for the plight of working families, and that he thought the current minimum wage of $5.15 per hour was too low. (“Working families.” That’s in the caption of the proposed Kansas law. It’s no coincidence.) If Walmart — a company progressives love to hate as much as any other — can be in favor of increased regulation of the workplace, can regulation be a good thing? Had Walmart discovered the joys of big government?
The answer is yes. Walmart discovered a way of using government regulation as a competitive weapon. This is often the motivation for business support of regulation. In the case of Walmart, it was already paying its employees well over the current minimum wage. At the time, some sources thought that the minimum wage could be raised as much as 50 percent and not cause Walmart any additional cost — its employees already made that much.
But its competitors didn’t pay wages that high. If the minimum wage rose very much, these competitors to Walmart would be forced to increase their wages. Their costs would rise. Their ability to compete with Walmart would be harmed.
In short, Walmart supported government regulation in the form of a higher minimum wage as a way to impose higher costs on its competitors. It found a way to compete outside the marketplace. And it did it while appearing noble.
In this episode of WichitaLiberty.TV: Rodney Wren is a debate and forensics coach. I asked him what can we do to improve the political process, particularly regarding candidate debates and the two major political parties? View below, or click here to view at YouTube. Episode 70, broadcast January 4, 2015.
In this episode of WichitaLiberty.TV: An episode this week at the Wichita city council meeting highlights the need for campaign finance reform in Wichita. We’ll examine a few incidents and see if there’s a way we can reform Wichita city government so that it is capitalism friendly instead of crony friendly. View below, or click here to view at YouTube. Episode 69, broadcast December 21, 2014.
Those seeking favors from Wichita City Hall use campaign contribution stacking to bypass contribution limits. This has paid off handsomely for them, and has harmed everyone else.
Not long ago a person who is politically active wrote a letter that was published in the Wichita Eagle. It criticized the role of campaign contributions in federal elections, noting “Corporations don’t spend money on politics because they are patriotic; rather, the companies expect a financial return.” Later the letter held this: “Locally, I understand that elections for the Wichita City Council underwent ideal, nonpartisan campaign-finance reform years ago, and that these limits are scrupulously practiced.”
The writer is correct, but only superficially. Our campaign contribution limits for city and school board offices are relatively small. What we find, however, is that the cronies, that is, the people who want stuff from city hall, stack contributions using family members and employees.
Here’s how a handful of cronies stack campaign contributions. In 2012 council members James Clendenin (district 3, southeast and south Wichita) and Lavonta Williams (district 1, northeast Wichita) were preparing to run again for their offices in spring 2013. Except for $1.57 in unitemized contributions to Clendenin, two groups of related parties accounted for all contributions received by these two incumbents for an entire year. A group associated with Key Construction gave a total of $7,000 — $4,000 to Williams, and $3,000 to Clendenin. Another group of people associated with movie theater owner Bill Warren gave $5,000, all to Clendenin.
The casual observer wouldn’t realize this stacking of campaign contributions by looking at campaign finance reports. That’s because for city offices, the name of the company a contributor works for isn’t required. Industry and occupation are required, but these aren’t of much help. Further, contribution reports are not filed electronically, so the information is not easy to analyze. Some reports are even submitted using handwriting, and barely legible handwriting at that.
So it’s not easy to analyze campaign contributions for Wichita city offices. It takes a bit of effort to unpack the stacking. You have to see a name and investigate who that person is. When you do that, you might find that a man from Valley Center who list his occupation and industry as Manager and Aviation Subcontractor is married to someone who lists her occupation and industry as Director of Marketing. Investigating her reveals that she is an executive of Key Construction.
That company, Key Construction, is a prominent company in Wichita. It is an example of a company that seeks to earn outsized profits through the political system rather than by meeting customer needs in the market. Profits through cronyism, that is. Here’s an example. In August 2011 the Wichita city council voted to award Key Construction a no-bid contract to build the parking garage that is part of the Ambassador Hotel project, now known as Block One. The no-bid cost of the garage was to be $6 million, according to a letter of intent. Later the city decided to place the contract for competitive bid. Key Construction won the bidding, but for a price $1.3 million less.
Let me make sure you understand that. Mayor Carl Brewer, Lavonta Williams, and James Clendenin were willing to spend an extra $1.3 million of your tax money to reward their benefactors through a no-bid contract. Since then reforms have been implemented to prevent this. Hopefully the reforms will work. I am skeptical.
In 2012 there was another incident involving Key Construction that show the need for campaign finance reform. Key and another construction company were engaged in a dispute as to who should build the new Wichita airport. The city council was tasked to act in a quasi-judicial manner to decide the issue. Given all the campaign contributions Key was making at the time, and given the mayor’s well-known friendship with Dave Wells of Key Construction, can you guess who was awarded the contract? And can you guess whose contract was more expensive for taxpayers?
So back to the letter in the newspaper, which held: “Corporations don’t spend money on politics because they are patriotic; rather, the companies expect a financial return.” I’m not going to defend cronyism at the federal level. It exists and it is harmful. But I would like to let the writer of the letter know that cronyism also exists in Wichita city government. In fact, it may be worse in Wichita. At the federal level, Congress usually passes laws that benefit an entire industry — say the sugar industry or banks — to the detriment of consumers and taxpayers. (Sometimes the benefits are quite specific. American Enterprise Institute reports that the just-passed omnibus bill contains a section that provides protection from an Obamacare provision for exactly one entity: Blue Cross Blue Shield. Conservative writer Yuval Levin explained: “This section is, simply put, a special favor for Blue Cross/Blue Shield allowing them to count ‘quality improvement’ spending as part of the medical loss ratio calculation required of them under Obamacare. And it’s made retroactive for four years, saving them loads of money.”)
That’s bad enough. Here in Wichita, however, the cronyism is more concentrated and personal. The links between campaign contributions and handouts from city hall is much more direct. We should insist that the city council stop picking the pocket of your fellow man so it can give the proceeds to campaign contributors. Campaign finance reform can help.
In this episode of WichitaLiberty.TV: While chair of the Wichita Metro Chamber of Commerce, a Wichita business leader strikes a deal that’s costly for taxpayers. A Kansas University faculty member is under attack from groups that don’t like his politics. Then, how can classical liberalism help us all get along with each other? View below, or click here to view at YouTube. Episode 68, broadcast December 14, 2014.
As Wichita enters campaign season for mayor and city council, will any candidates call for implementing a reform that we desperately need in Wichita? Following, from 2012, explains.
In the wake of scandals some states and cities have passed “pay-to-play” laws. These laws may prohibit political campaign contributions by those who seek government contracts, prohibit officeholders from voting on laws that will benefit their campaign donors, or the laws may impose special disclosure requirements.
Many people make campaign contributions to candidates whose ideals and goals they share. This is an important part of our political process. But when reading campaign finance reports for members of the Wichita City Council, one sees the same names appearing over and over, often making the maximum allowed contribution to candidates.
And when one looks at the candidates these people contribute to, you notice that often there’s no common thread linking the political goals and ideals of the candidates. Some people contribute equally to liberal and conservative council members. But then, when these people appear in the news after having received money from the Wichita City Council, it snaps into place: These campaign donors are not donating to those whose political ideals they agree with. Instead, they’re donating so they can line their own pockets. These donors are opportunists.
As another example, for the 2008 campaign for a bond issue for USD 259 (Wichita public school district), my analysis found that 72 percent of the contributions, both in-kind and cash, was given by contractors, architects, engineering firms, and others who directly stand to benefit from school construction. Do these companies have an especially keen interest in the education of children? I don’t think so. They are interested in themselves.
Some states and cities have taken steps to reduce this harmful practice. New Jersey is notable for its Local Unit Pay-To-Play Law. The law affects many local units of government and the awarding of contracts having a value of over $17,500, requiring that these contracts be awarded by a “fair and open process,” which basically means a contract process open to bidding.
Cities, too, are passing pay-to-pay laws. Notably, a recently-passed law in Dallas was in response to special treatment for real estate developers — the very issue Wichita is facing now as it prepares to pour millions into the pockets of a small group of favored — and highly subsidized — downtown developers who are generous with campaign contributions to almost all council members. Not that this is new to Wichita, as the city has often done this in the past.
Smaller cities, too, have these laws. A charter provision of the city of Santa Ana, in Orange County, California, states: “A councilmember shall not participate in, nor use his or her official position to influence, a decision of the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor.”
But Kansas has no such law. Certainly Wichita does not, where pay-to-play is seen by many citizens as a way of life.
In Kansas, campaign finance reports are filed by candidates and available to citizens. But many politicians don’t want campaign contributions discussed, at least in public. Recently Wichita Council Member Michael O’Donnell expressed concern over the potential award of a $6 million construction contract without an open bidding process. The contractor the city wanted to give the contract to was Key Construction, a firm that actively makes political contributions to city council members, both conservative and liberal.
For expressing his concern, O’Donnell was roundly criticized by many council members, and especially by Mayor Carl Brewer.
Here’s what’s interesting: Brewer and city council members say the campaign contributions don’t affect their votes. Those who regularly make contributions say they don’t do it to influence the council. Therefore, it seems that there should be no opposition to a pay-to-play law in Wichita — or the entire state — like the one in Santa Ana.
But until we get such a law, I can understand how Wichita city council members don’t want to discuss their campaign contributions from those they’re about to vote to give money to. It’s not about supporting political ideologies — liberal, moderate, or conservative. It’s about opportunists seeking money from government.
The practice stinks. It causes citizens to be cynical of their government and withdraw from participation in civic affairs. It causes government to grow at the expense of taxpayers. Pay-to-play laws can help reverse these trends.
You may download a printable copy of this article at Kansas Needs Pay-to-Play Laws.
Described as “An introduction to the core principles that define a free society,” I highly recommend this short book. It’s written by Eamonn Butler of the Adam Smith Institute and published by Institute of Economic Affairs, a British think tank whose mission is to “improve understanding of the fundamental institutions of a free society by analysing and expounding the role of markets in solving economic and social problems.” (Being written in British English, a few words are spelled wrongly now and then.)
The book may be purchased or downloaded at no charge at Foundations of a Free Society. Here is the summary of the book, as provided by the author:
- Freedom creates prosperity. It unleashes human talent, invention and innovation, creating wealth where none existed before. Societies that have embraced freedom have made themselves rich. Those that have not have remained poor.
- People in a free society do not become rich by exploiting others, as the elites of less-free countries do. They cannot become rich by making others poorer. They become rich only by providing others with what they want and making other people’s lives better.
- The chief beneficiaries of the economic dynamism of free societies are the poor. Free societies are economically more equal than non-free societies. The poor in the most-free societies enjoy luxuries that were undreamed of just a few years ago, luxuries available only to the ruling elites of non- free countries.
- International trade gives entrepreneurs new market opportunities and has helped lift more than a billion people out of abject poverty in the last twenty years. Freedom is truly one of the most benign and productive forces in human history.
- Attempts by governments to equalise wealth or income are counter-productive. They destroy the incentives for hard work and enterprise and discourage people from building up the capital that boosts the productivity of the whole society.
- A free society is a spontaneous society. It builds up from the actions of individuals, following the rules that promote peaceful cooperation. It is not imposed from above by political authorities.
- Government has a very limited role in a free society. It exists to prevent harm being done to its citizens by maintaining and enforcing justice. It does not try to impose material equality and it does not prohibit activities just because some people consider them disagreeable or offensive. Leaders cannot plunder citizens for their own benefit, grant favours to their friends, or use their power against their enemies.
- The government of a free society is constrained by the rule of law. Its laws apply to everyone equally. There must be?due process of law in all cases, with fair trials and no lengthy detention without trial. People accused of offences must be treated as innocent until proved guilty, and individuals must not be harassed by being prosecuted several times for the same offence.
- Tolerating other people’s ideas and lifestyles benefits society. Truth is not always obvious; it emerges in the battle of ideas. We cannot trust censors to suppress only wrong ideas. They may mistakenly suppress ideas and ways of acting that would greatly benefit society in the future.
- Communications technology is making it more difficult for authoritarian governments to hide their actions from the rest of the world. As a result, more and more countries are opening up to trade and tourism, and new ideas are spreading. More people see the benefits of economic and social freedom, and are demanding them.
If you’ve wondered why government is as it is, the school of public choice economics offers insight and explanation. The Institute of Economic Affairs, a London think tank, has published Public Choice — A Primer. This short book explains the topic of public choice. By understanding it, we can learn more about how government and its actors operate.
Here’s a description of public choice from the book’s web page:
“Market failure” is a term widely used by politicians, journalists and university and A-level economics students and teachers. However, those who use the term often lack any sense of proportion about the ability of government to correct market failures. This arises from the lack of general knowledge — and the lack of coverage in economics syllabuses — of Public Choice economics.
Public Choice economics applies realistic insights about human behaviour to the process of government, and is extremely helpful for all those who have an interest in — or work in — public policy to understand this discipline. If we assumes that at least some of those involved in the political process — whether elected representatives, bureaucrats, regulators, public sector workers or electors — will act in their own self-interest rather than in the general public interest, it should give us much less confidence that the government can “correct” market failure.”
Here is the executive summary of the book:
- Public Choice applies the methods of economics to the theory and practice of politics and government. This approach has given us important insights into the nature of democratic decision-making.
- Just as self-interest motivates people’s private commercial choices, it also affects their communal decisions. People also “economise” as voters, lobby groups, politicians and officials, aiming to maximise the outcome they personally desire, for minimum effort. Consequently the well-developed tools of economics — such as profit and loss, price and efficiency — can be used to analyse politics too.
- Collective decision-making is necessary in some areas. However, the fact that the market may fail to provide adequately in such areas does not necessarily mean that government can do things better. There is “government failure” too. Political decision-making is not a dispassionate pursuit of the “public interest,” but can involve a struggle between different personal and group interests.
- There is no single “public interest” anyway. We live in a world of value-pluralism: different people have different values and different interests. Competition between competing interests is inevitable. This makes it vital to study how such competing interests and demands are resolved by the political process.
- The self-interest of political parties lies in getting the votes they need to win power and position. They may pursue the “median voter” — the position at the centre, where voters bunch. Government officials will also have their own interests, which may include maximising their budgets.
- In this struggle between interests, small groups with sharply focused interests have more influence in decision-making than much larger groups with more diffused concerns, such as consumers and taxpayers. The influence of interest groups may be further increased because electors are “rationally ignorant” of the political debate, knowing that their single vote is unlikely to make a difference, and that the future effects of any policy are unpredictable.
- Because of the enormous benefits that can be won from the political process, it is rational for interest groups to spend large sums on lobbying for special privileges — an activity known as “rent seeking.”
- Interest groups can increase their effect still further by “logrolling” — agreeing to trade votes and support each other’s favoured initiatives. These factors make interest group minorities particularly powerful in systems of representative democracy, such as legislatures.
- In direct democracy, using mechanisms such as referenda, the majority voting rule that is commonly adopted allows just 51 per cent of the population to exploit the other 49 per cent — as in the old joke that “democracy is two wolves and a sheep deciding who shall eat whom for dinner.” In representative democracies, much smaller proportions of the electorate can have undue influence.
- Because of the problem of minorities being exploited — or minorities exploiting majorities — many Public Choice theorists argue that political decision-making needs to be constrained by constitutional rules.
The book may be purchased, or downloaded at no cost in several formats.
In this episode of WichitaLiberty.TV: We’ll look at the results of the Wichita sales tax election and what might happen next. Then, we’ll evaluate the Wichita Eagle’s coverage during the campaign. Also, this election raised issues of the privacy of voter data. View below, or click here to view at YouTube. Episode 65, broadcast November 16, 2014.
By Eileen Umbehr, wife of Libertarian Candidate for Kansas Governor Keen Umbehr
November 1, 2014
As this campaign draws to a close, my heart is heavy. Not so much because Keen was treated as a second-class candidate who didn’t deserve a seat at the table with his Democrat and Republican opponents, but because of the way I’ve seen God used as a selling point in politics.
For example, Keen is solidly pro-life. He believes in freedom as long as you do not cause harm to another human being, and a baby is a human being. But because he also acknowledges the reality that unless and until Roe v. Wade is overturned women maintain their right to choose, he is not considered pro-life enough.
The issue of same-sex marriage has also been deeply divisive and been used to garner votes. How a candidate may feel about two members of the same sex uniting in marriage is separate from his or her duty as a government official to ensure that all laws apply equally to all citizens. Could the government decide not to issue gay people a license to teach, cut hair, practice law, or engage in business?
What each of us believe and the tenets we choose to follow in our private lives is a personal matter. While Keen and I are both Christians who try to live according to the principles set forth in the Bible, where we differ from many of our fellow Christians is that we don’t believe it is our right — or the government’s right — to impose any particular religious belief on anyone. Even God doesn’t do that. If He did, wouldn’t He simply force everyone to believe that Jesus died on the cross for their sins so they would all go to Heaven?
Keen is a strict constitutionalist. He believes in the First Amendment right of free speech even when it means that the Phelps’ family can spew messages of hate, causing immeasurable harm to families burying their loved ones. And he believes in the Sixth Amendment right to counsel even when the accused may be guilty of a heinous crime.
When it comes to the Fourteenth Amendment, there are many who feel it should not apply to gays wanting to marry because homosexuality is classified as a sin in the Bible. But isn’t fornication and sex before marriage also classified as a sin in the Bible? And yet no one is suggesting that folks who have engaged in these acts should be denied a marriage license.
Someone posted the following statement about Keen on a liberty-based Facebook page: “Don’t be deceived, this guy is pumping for same sex marriage.” Keen posted the following reply: “I am not ‘pumping’ for same sex marriage, I am ‘pumping’ for adhering to the Constitution which requires equal protection under the law. As long as the State of Kansas is in the business of issuing licenses — whether they be drivers’ licenses, marriage licenses or business licenses — they cannot discriminate against individuals on the basis of religion, gender, or race. How each individual chooses to live their lives is their business, not the government’s.”
In conclusion, if we really want to protect religious freedom in our country, then we should elect candidates who will defend the rights of all citizens to practice whichever religion they choose. That is true religious liberty.
But then, a candidate like that wouldn’t be considered Christian enough.
In this episode of WichitaLiberty.TV: Anita MonCrief joins host Bob Weeks. She’s the whistleblower who exposed fraud at ACORN during the 2008 elections. View below, or click here to view at YouTube. Episode 59, broadcast September 21, 2014.
There are dueling claims and controversy over employment figures in Kansas and our state’s performance relative to others. I present the actual data in tables and interactive visualizations that you can use to make up your own mind.
(Let’s keep in mind that jobs are not necessarily the best measure of economic growth and prosperity. Russell Roberts relates an anecdote: “The story goes that Milton Friedman was once taken to see a massive government project somewhere in Asia. Thousands of workers using shovels were building a canal. Friedman was puzzled. Why weren’t there any excavators or any mechanized earth-moving equipment? A government official explained that using shovels created more jobs. Friedman’s response: ‘Then why not use spoons instead of shovels?'”)
It’s important to note there are two series of employment data provided by the U.S. Bureau of Labor Statistics, which is part of the U.S. Department of Labor. The two series don’t measure exactly the same thing. A document from BLS titled Employment from the BLS household and payroll surveys: summary of recent trends explains in brief: “The Bureau of Labor Statistics (BLS) has two monthly surveys that measure employment levels and trends: the Current Population Survey (CPS), also known as the household survey, and the Current Employment Statistics (CES) survey, also known as the payroll or establishment survey. … These estimates differ because the surveys have distinct definitions of employment and distinct survey and estimation methods.”
Importantly, since the CES gets its data from employers, it reports on jobs located in the state where the company is located, not where workers live. Similarly, the CPS reports data based on where people live, not where they work. For areas that straddle state lines — like the Kansas City Metropolitan Area — this is an important factor.
Another BLS document explains in detail the differences between the CPS and CES data. For example: CES: “Designed to measure employment, hours, and earnings with significant industrial and geographic detail” CPS: “Designed to measure employment and unemployment with significant demographic detail.”
Another difference: CES: “Self-employed persons are excluded.” CPS: “Self-employed persons are included.” (See Understanding the employment measures from the CPS and CES survey.)
I’ve gathered data from BLS and made it available in two interactive visualizations. One presents CPS data; the other holds CES data. You can compare states, select a range of dates, and choose seasonally-adjusted or not seasonally-adjusted data. I’ve create a set that allows you to easily choose Kansas and our nearby states, since that seems to be relevant to the current discussion. (I included Texas in this set, as we often compare ourselves to that state.) The visualizations show indexed data, meaning that we see the relative change in values from the first date shown. There is also year-over-year changes illustrated.
Here is the visualization for Current Establishment Survey data, and here is visualization for Current Population Survey data.
An accessible collection of campaign material will help hold candidates and campaigns accountable.
I’ve started a collection of Kansas political campaign material such as mailers, palm cards, handouts, and door hangers. This collection could be valuable in holding candidates of all parties accountable for their words. Independent organizations may advocate for or against candidates and ballot measures, and these need to be held accountable, too.
It can be difficult to gather campaign material. Some is mailed or distributed only to small geographic districts. Or, material is mailed only to voters with certain characteristics, such as party registration or voting consistency. Unless you live in a “blended” household (with voters of different political parties), you may never see many campaign mailers. While some campaigns may make their mailers or similar material available on their websites or Facebook pages, it’s not common that the negative mail pieces — the ones that often contain the type of distortions that need to be exposed — are publicized by campaigns. (That may say something about negative campaigning.)
You may view the material here.
There are several ways to contribute to the repository.
On your computer. A useful and valuable extension for Internet Explorer, Firefox, and Chrome browsers is FireShot. It will save partial or entire web pages in a variety of formats, including pdf.
Printed material. The traditional scanner still makes the best captures. But now many people have a document capture system in their pocket and carry it with them at all times. It’s their smartphones. For information about using smartphones to capture documents, see Your smartphone is your activism toolkit. It’s not difficult to create valuable captures if you have the right app on your smartphone.
Signs, etc. Take a photograph. It’s useful to take a wide shot to show context, and then a close-up to see the detail.
You may send me digital files at email@example.com. Or, you can send me postal mail at 2451 Regency Lakes Ct., Wichita, KS 67226. I won’t be able to return material you send me unless you include return postage.
Before capturing and distributing material that has your name and address (or other personal information) consider obliterating it with a marker or scissors.
Your smartphone is a valuable tool for activism. Here are two ways to get involved.
Many people wonder how they can be involved in helping to improve government as a citizen activist. It may be that you have a valuable tool that’s in your pocket, and that you take everywhere you go: Your smartphone.
You may have seen me showing photographs of street lights burning in downtown Wichita during the middle of sunny afternoons. Have you ever spotted government waste like that? I’m sure that you have. I think people forget they have a fairly high-quality camera with them at all times in their smartphones. So here’s something that you can do: Take a photograph or shoot some video. Send it to me or to your local government watchdog. People like me need information. I need tips. Put your smartphone to work for something beside selfies.
Another thing you can do with your smartphone that is very helpful is to capture documents. Here’s an example. At election time, campaigns and political groups send a lot of mail pieces to voters. Some of these will contain falsehoods or distortions that need to be exposed so that the guilty parties can be held accountable. But much of the time, these political mailings go unnoticed. That’s because a Kansas House of Representatives campaign, for example, covers a relatively small population. Then, campaigns may send mail to only the people they consider active voters, and may narrow down the list using other criteria like political party. Or campaigns may send certain mail pieces to small subsets of voters. So any single campaign mail piece may go to a relatively small number of households.
What can you do to help? Use your smartphone or regular camera to capture documents like campaign mailers. You can do this by simply take a regular photograph with the built-in camera app. That usually works well enough if you follow a few guidelines, and with a little practice you can create documents are are very usable.
Probably the three most important things to remember are to avoid glare, maintain perspective, and crop. If your light source or flash creates glare on the document, the document may not be usable. By perspective, I mean having your camera square and perpendicular relative to the document so that its dimensions are not distorted. (I find that placing the document on the floor and then getting right over it helps.) Finally, cropping removes unneeded parts of the image. Remember, what we’re trying to do here is to create usable documents that can be read. We don’t have to worry about creating archival-quality documents like you would be if you’re digitizing and preserving family photographs.
As I said, you can do this with the regular camera app in your smartphone. But there are specialized document scanning apps. I’ve used several, and one I can recommend is called Scanbot. Another is CamScanner.
Scanbot is free for both Apple and Android smartphones and tablets, although there is a paid version with extra features like optical character recognition. What I like about Scanbot is that as you’re taking a photo, the app coaches you on the screen with tips like “too dark,” “get closer,” or “perspective.” Finally, it will command “don’t move” and it will snap the photo. You can then add more pages.
When finished, it creates a pdf from the scan. That’s really handy, as you then have one pdf document that holds all pages of the campaign mailer or other document. Then, you can have the app send the pdf by email or upload it to cloud-based storage systems like DropBox or Google Drive. (I recommend both of these systems.)
I should warn you: If you plan on sending something that you received in the mail that has your address or any other personal information on it, be aware and be careful. You could erase it using an editing app on your smartphone or computer, but in many cases the easiest thing to do is to obliterate your address with a marker pen before you capture the document. Or, you might cover it with paper, or excise it with scissors.
This type of intelligence-gathering is extremely valuable. Now, you may be thinking “Wait a minute. Don’t political campaigns post their mailers on their websites or Facebook?” The answer is some do, and some don’t. For the negative mail pieces — the ones that often contain the type of distortions that need to be exposed — it’s rare for a political campaign to make these mailers available to the public.
So this is a way you can be involved in gathering information. It could be campaign mailers, political campaign handouts, meeting agendas, material distributed at meetings, things you see on your computer screen, anything. It could be material distributed
I can’t tell you how many times people have complained to me about something they received in the mail or at a meeting. I ask “can you scan it and send it to me?” Well, not many people have scanners in their home. But now many people have smartphones. With a little practice, you can capture these documents in electronic form.
Then, what do you do with these documents? The campaigns of candidates that you support need intelligence like this. News reporters need documents for tips and substantiation of stories. You can share documents on social media like Facebook and Twitter. You can send them to me or your local government watchdog person or organization. There’s a lot you can do.
Government officials at all levels count on the average citizen not being interested or informed about government. We can hold government more closely accountable if we have information, and this a way that anyone can help.
Gidget stepped away for a few months, but happily she is back writing about Kansas politics at Kansas GOP Insider (wannabe).
One of the great things about the internet is it gives people an outlet for their writing and opinions that they probably would not have otherwise. I’d like to introduce you to someone whose writing I think you’d like to read. Well, I can’t really introduce you to her, because I don’t know who she is. On her blog she (?) goes by the name Gidget. It’s titled Kansas GOP Insider (wannabe) at insideksgop.blogspot.com.
Gidget writes anonymously, although I’m pretty sure she’s female and lives in or near Johnson County, as many of her articles concern local politics there. Being anonymous has its good and bad aspects. For one thing, most people who try to be anonymous on the internet and achieve any level of notoriety are usually exposed, eventually.
Being anonymous means there is less accountability for what you write, so people may not give your writing as much weight as they should. But anonymity gives the freedom for some people to write things that need to be said, and that’s what Gidget does very well. For example, last year she reminded readers that Bob Dole is known as the “Tax Collector for the Welfare State.” Not so much in Kansas, where he has stature just shy of sainthood. And that’s the point. If you criticize Bob Dole for the things he did that deserve criticism, you’re likely to be ostracized from the Kansas Republican Party. I can tell you, there are attack dogs.
The sometimes nasty nature of politics lead Gidget to write this earlier this year: “I have taken a much needed break from all things political during this campaign season. I know it’s bad timing, but my tender soul can only deal with so much back-biting and garbage slinging, and the 2012 primaries sent me to a dark place.” (Guess who’s back from Outer Space?)
I was sad to see that Gidget didn’t post anything for some months. But as the August primary approached, she rejoined the conversation. Here’s what she wrote about the United States Senate primary between Republicans Pat Roberts and Milton Wolf:
Sigh. This race is the most disgusting and vile thing I’ve witnessed since, well, Moran-Tiahrt. From the outside, it appears that everyone involved in the Roberts/Wolf fiasco has lost all of their senses. (Gidget’s predictions — Roberts vs. Wolf)
Later in the same article she wrote:
Finally, I am appalled, truly, sincerely appalled, that Wolf is now being investigated by the Kansas Board of Healing Arts for photos and comments he made on Facebook years ago.
Had he not run for office, his career would not be threatened. It’s that simple. Whatever you think of Wolf (and I really don’t think much of him), he doesn’t deserve to have his professional career ruined due to a Facebook post. He just doesn’t.
And it smacks of Roberts calling in a political favor. There is exactly one member of the Kansas Board of Healing Arts who is not a doctor or medical professional. That person is a political activist, appointed by Brownback, and a vocal Roberts supporter. Did she have anything to do with the Wolf investigation? She says no, and I’m inclined to take people at their word.
However, often in politics, as in real life, perception is reality. And the timely investigation of Wolf stinks. Badly. This is why good people don’t run for office.
Gidget is absolutely correct. When people consider whether they want to subject themselves to the type of attacks that the Roberts campaign launched, many people will decide not to run.
Here’s another example from the same article of Gidget writing the things that need to be said, and which party insiders don’t say:
I sincerely wish Roberts would have done the right thing a year ago — and that is decide against running for a fourth Senate term. We would have better candidates to choose from had he done so, and it’s been obvious for quite some time the direction in which the political winds were blowing. Kansans (and many around the country) had had enough of long-term federal legislators in Washington.
I contend that had Roberts really, truly cared about Kansas, the state GOP and the country, he would’ve bowed out this year. He’s a nice man, but his ego may be out-of-hand if he truly believes he’s one of only two people in the state of Kansas who can fairly, accurately and reasonably represent the Sunflower State in the U.S. Senate.
As Kansans know, the senate primary was particularly nasty. It shouldn’t be that way, and it doesn’t have to be. But there are many people who put party and personality above principle, and the results are usually not pretty. These attacks can have lasting impact. Here’s what Gidget wrote shortly after the August primary (Leaving the GOP):
I am leaving the Kansas Republican Party. While I will continue to work for candidates I like, and continue to be a registered Republican — you don’t get a choice in most of the elections otherwise — I’m out.
My disillusion with the party can not be overstated, and I simply see no reason to stay.
This fall, I will be volunteering for the Libertarian candidate, Keen Umbehr. Do I agree whole-heartedly with Keen? No. In word only, my values more closely align with what Gov. Brownback says his values are. (His actions suggest otherwise.)
I can no longer spend my time or money for a party that actively works against the people — specifically the grassroots people.
I am fairly certain I’m not the only person who has had enough of it. There’s an extraordinarily unusual lack of decorum among what I would call the Establishment of the Kansas Republican Party.
Take, for example, Gavin Ellzey, vice chair of the Third District Republican Party. A few days ago, he locked down his Twitter account, but prior to that he made numerous posts about “offending Muslims with a .45,” “only attractive women need equality,” and posts essentially calling Milton Wolf a piece of sh!t.
This is what passes for respectful discourse in Kansas politics these days. I was disgusted by his tweets, but that’s just the most public tip of the iceberg.
There were widespread rumors of many candidates making threats to individuals if they didn’t get onboard and offer their full support.
While not a huge Wolf fan, I continue to be disturbed by the way he was treated by what I would call the Kansas Establishment. He was ostracized, called names and I heard that he was uninvited to county and state GOP events.
Every Republican candidate in Johnson County attended an election night party at the Marriott Hotel in Overland Park. Wolf’s party was across the street at a different hotel. Was he not invited to participate in the county party?
I am not for one minute saying that everyone in the Republican Party has to be in lock step. But party members should welcome new faces, new candidates and fresh ideas — even if they don’t personally support some of the new people or their ideas.
That’s acceptable. It is not acceptable to act like the Republican Party is a locked boys club, where only certain people need apply.
I’m sure the Kansas Republican Party is simply a microcosm of what goes on in other states, but I don’t have the heart for it anymore.
The things I heard people say last night at the Marriott, the things I saw and heard people say in social media over the course of this campaign, I am out.
I blame our current crop of Republican politicians for this discourse. A gentle word here and there from them about Reagan’s 11th Commandment would go a long way. But those words are left unsaid, and I have to assume it’s because our most of our Republican politicians think winning is more important than anything. It baffles me that these self-professed Christians appear to believe that the ends justify the means.
That’s Gidget writing at Kansas GOP Insider. It’s good stuff. Take a look.
In this episode of WichitaLiberty.TV: We’ll take a look at some of the primary elections results this week. What did voters say, and what should we look for in the November general election and the future past that? View below, or click here to view at YouTube. Episode 54, broadcast August 10, 2014.
Kansas Republican primary voters made two good decisions this week.
Kansas held primary elections this week. The primary election, of course, does not determine who wins the office; it only selects one Democratic and one Republican candidate to move forward to the November general election. But in many cases, the primary is the election, at least the one that really makes a difference. That’s because in Kansas, often there may be no Democratic Party candidate. Or if there is a Democrat, that candidate may have little money available to campaign in a district with a large Republican voter registration advantage.
It’s important to note that some candidates who will appear on the general election ballot in November did not appear on any primary election ballot. That’s because parties other than Democratic and Republican select their candidates in a convention. In particular, there are two prominent candidates in this category. One is Keen Umbehr, the Libertarian Party candidate for governor. The other is independent candidate Greg Orman, who is running for United States senator. Both are serious candidates that deserve consideration from voters.
Let’s take a look at a few results from the primary election.
United States Senate
In the contest for the Republican Party nomination for United States Senate, Pat Roberts won, receiving 48 percent of the vote. He moves on to face not only the Democratic nominee, but also an independent candidate who is already advertising on television. The problem Roberts faces going forward is the fallout from his scorched-earth campaign. He went negative against Milton Wolf from the start, focusing on issues that are worth considering, but quite trivial considering the big picture.
Roberts ran an advertisement near the end of the campaign that took Wolf’s words grossly out of context, and Roberts should be ashamed for stooping to that level. Another thing Roberts can be ashamed of is his refusal to debate opponents. He said he would debate. He should debate. It’s a civic obligation. He also largely avoided news media.
During the campaign, I was critical of Roberts. I looked at votes he had taken while in the Senate. I looked at the way he ran his campaign. I was critical. I hope that I kept my criticism based on — and focused on — facts and issues. But another problem Roberts has is the behavior of his supporters, both official and unofficial. They too ran a scorched-earth campaign.
I’d like to show you some of the posts made on Facebook and Twitter about Wolf and his supporters, but this is a family-oriented blog. Roberts will need the support of all Kansas Republicans in the general election. He needs to hope that they don’t peel off to the Democrat or Independent candidates. Roberts needs all Kansas Republicans to vote, and vote for him. But the behavior of his campaign and its supporters has harmed Republican party unity. What’s curious to me is that I don’t think they realize the harm they have caused.
United States House of Representatives, district 4
For United States House, fourth district, which is Wichita and the surrounding area, incumbent Mike Pompeo won over Todd Tiahrt, 63 percent to 37 percent. This contest was curious for a number of reasons, such as the former holder of the office seeking it again, and running against a man he endorsed twice. It attracted national attention for that reason, but also for something more important: Tiahrt was advocating for a return to the practice of earmarking federal spending. Tiahrt concentrated a few issues in a campaign that was negative from the start.
Tiahrt claimed that Pompeo voted to support Obamacare seven times. But everyone who examined that claim, including several political science professors, said it was unfounded, going as far as saying it broke the truth entirely. The Tiahrt campaign also took a speech Pompeo had made on the floor of the House of Representatives and used just one sentence of it in a deceptive manner. The campaign also took a bill that Pompeo introduced — having to do with GMOs — and twisted its meaning in order to claim that Pompeo doesn’t want you to know the ingredients used in food. Tiahrt criticized Pompeo for missing some votes during the campaign, even though Tiahrt had missed many votes during his own campaign four years ago.
In the face of these negative ads, Pompeo remained largely positive. He released one television ad that rebutted the claims that Tiahrt had made. Is it negative campaigning to rebut the false accusations of your opponent? Pompeo had one ad that mentioned “goofy accusations” made by his opponent, which hardly qualifies as negative. Other than that, the Pompeo campaign remained largely positive. That is quite an accomplishment in today’s political environment.
This campaign was also marred by vitriol among supporters. In my opinion, based on my observations, the Tiahrt supporters that engaged in this behavior have some apologies to make. Pompeo goes on to face a relatively unknown Democrat in the heavily Republican fourth district.
United States House of Representatives, district 1
For United States House, first district, which is western Kansas, although the district extends east enough to include Emporia and Manhattan, incumbent Tim Huelskamp was challenged by Alan LaPolice. Huelskamp won with 55 percent of the vote. Huelskamp had faced criticism for not being supportive of various subsidy programs that benefit farmers, most notably for ethanol. Outside groups joined the race, running ads critical of Huelskamp for that reason. Some ads were critical of Huelskamp for being removed from the House Agriculture committee, that move seen as retaliation for not supporting Speaker of the House John Boehner. Huelskamp now moves on to face a Kansas State University history professor who was also the mayor of Manhattan.
The meaning of these results
What do these results mean? These three elections — Senate and two House contests — attracted national attention. The Friday before the election, Kimberly Strassel wrote in the Wall Street Journal of the importance of the fourth district contest. She wrote:
A big decision comes Tuesday in the Kansas GOP primary. The Sunflower State is in the throes of political upheaval, with most of the attention on the fortunes of Gov. Sam Brownback and Sen. Pat Roberts. But the race that may say far more about the direction of the GOP is taking place in Wichita, the state’s Fourth District, in the standoff between Rep. Mike Pompeo and challenger Todd Tiahrt.
Pompeo was elected in the 2010 tea party surge, with a particular focus on liberating private enterprise. He’s made a name for himself as a leader in the fight to end corporate welfare and pork, and to cut back on strangling regulations.
After detailing some legislative activity and accomplishment, Strassel noted the difficulty that fighters for economic freedom encounter: She wrote “Such principles are precisely what conservative voters claim to demand from their representatives. Yet the antisubsidy line has hardly been an easy one, even in conservative Kansas — which collects its share of federal largess. And Mr. Tiahrt knows it.”
Continuing, she wrote: “The choice voters fundamentally face on Tuesday is whether they want a congressman who works to get government smaller for everyone and to end corporate welfare, or a congressman who grabs what he can of big government to funnel to his district, and embraces crony capitalism. The latter is a return to the unreformed GOP, a groove plenty of Republicans would happily slide back into — if only voters gave the nod. We’ll see if Kansas conservatives do.”
There’s something there that bears repeating: “Such principles are precisely what conservative voters claim to demand from their representatives.” In the case of Huelskamp and Pompeo, voters supported two candidates who have these principals, and who follow them. In the United States Senate contest, that almost happened.
For Pat Roberts executive campaign manager Leroy Towns, political debates are important. At least until your candidate doesn’t want to debate.
Are debates important to the political process? According to a former North Carolina University journalism professor, the answer is yes, debates are very important:
Leroy Towns, political journalism professor at UNC, said debates are very important in the political process.
“Debates give people a chance to look at candidates close up and see how they act under pressure situations,” Towns said. (Libertarian candidate Michael Beitler kept from debate, Daily Tarheel, September 13, 2010)
Fast forward four years. As executive campaign manager for Pat Roberts during his primary campaign for United States Senator, Towns now says Roberts won’t debate challengers.
You might think that a former journalism professor would be in favor of the voting public having greater access to candidates. Especially candidates when in pressure situations, as Towns advocated in 2010. This idea is congruent with Roberts’ campaign commercials. They portray the senator as tough and tested; a Marine who will stand up to anyone.
Roberts’ decision to skip a useful ritual of American politics may lessen his stress level and advance his personal political career, and the career of campaign manager Towns. But it disrespects Kansas voters.
With the decision of United States Senator Pat Roberts to skip debates with his opponents, Kansans are deprived of a useful part of the political process.
Election campaigns are an essential element of representative democracy. Campaigns are simultaneously a means for those who seek elective office to connect with voters and a way for citizens to learn about the candidates who are seeking their votes. Political campaign debates are an integral component of the modern political campaign. … Voters have come to expect election debates, particularly in the race for the president of the United States but increasingly for other elective offices as well. (Political Election Debates: Informing Voters about Policy and Character, William L. Benoit)
With the decision of United States Senator Pat Roberts to skip debates with his opponents, Kansans are deprived of a useful part of the political process.
This decision makes sense on only one level, that being the preservation and promotion of Pat Roberts’ political career. Evidently he and his political advisers have decided that he can win the primary election without the candidate participating in one or more debates.
But Roberts’ career and his electoral prospects are not relevant public policy.
That Roberts won’t debate is rich in irony. In his reporting of Roberts’ decision to skip debates with his main opponent Dr. Milton Wolf, Steve Krake wrote “Roberts is a Marine who portrays himself as willing to stand up to anybody. But he won’t stand up to Wolf, whose feisty, upstart campaign has given the incumbent headaches from the start.” (Steve Kraske: Sen. Pat Roberts won’t debate Milton Wolf)
Another element of irony is that the United States Senate is often described using phrases like “the world’s greatest deliberative body,” partly due to its tradition of allowing unlimited, or lengthy, debate. Roberts has served in that body for nearly 18 years and wants another term.
It’s also curious that Roberts would turn down debate opportunities. He has a reputation as a quick wit when speaking.
Even more curious, when you engage the Roberts campaign on inconsequential issues — such as whether campaign manager Leroy Towns lives in Kansas or North Carolina — you’ll get a quick response.
But ask a substantive question using the same communication channel, and there’s no answer. An example question is whether the senator will support the authorization of the Export-Import bank. That’s an important issue, one which the senator dodges, and about which he might be asked in a debate.
Debates are probably stressful events for most candidates, I’m sure. That’s part of their value. Put the candidates in front of a skeptical and inquisitive audience (the debate moderators) and a critical audience (the debate opponent), and see what happens when candidates are stressed a bit.
Speaking of stress: Roberts has made the ability of a senator to stand up to stress a campaign issue. In a profile this week in the Kansas City Star, Roberts criticized an incident from his opponent’s past, saying “Send him to Washington and see how stressed he gets.”
Roberts’ decision to skip a useful ritual of American politics may lessen his stress level and advance his personal political career. But it disrespects Kansas voters.
In this episode of WichitaLiberty.TV: Wichita talk radio show host Joseph Ashby joins Bob Weeks to talk about politics and upcoming elections. Episode 52, broadcast July 20, 2014. View below, or click here to view at YouTube.
Kansans should be happy that Senator Pat Roberts is voting in a fiscally conservative way. Happy, but skeptical.
Organizations like Club for Growth produce scorecards of legislators. The motto of Club for Growth is “Prosperity and Opportunity through Economic Freedom.” It supports candidates who believe in pro-growth policies, limited government, low taxes, and economic freedom. Kansans who believe in these values can trust Club for Growth as a reliable indicator of candidates’ beliefs and actions.
The Club for Growth creates voting scorecards. These scorecards are a selection of votes that the organization believes distinguish between those who support the club’s pro-growth goals, and those who don’t. Scorecards like this are valuable because they show what officeholders have actually done, which may be different from what they say they have done, or what they promise to do.
Kansans should be happy that its senior senator Pat Roberts has been voting largely in alignment with these policies that promote growth and economic freedom. These votes are good for Kansas, and good for America.
But it hasn’t always been this way for Roberts, and we don’t know what the future holds. If reelected, Roberts could return to his usual voting habits.
There’s little doubt that Roberts is voting in a way divergent from his past. Even the New York Times noticed a shift in Roberts’ voting as an election approaches, recently reporting “And Senator Pat Roberts of Kansas, eyeing his state’s sharp turn to the right, made sure to align his votes with the fiscally conservative Club for Growth 84 percent of the time last year.”
I’ve gathered scorecard results from Club for Growth for all years available. In the nearby chart, I present the scores for Roberts. I also present the average scores for a group of Republican senators that are often criticized for straying from fiscally conservative policies. This group includes Lamar Alexander of Tennessee, Thad Cochran of Mississippi, Lindsey Graham of South Carolina, Richard Lugar of Indiana, John McCain of Arizona, Mitch McConnell of Kentucky, and Roberts.
As you can see, Roberts tracks this groups of senators fairly closely. Some years Roberts voted more in alignment with the goals of Club for Growth, and some years less. But in 2013, as the New York Times noticed, Roberts departed quite a bit from this pack of of Republicans.
So Kansans and all Americans should be pleased that Pat Roberts has been voting for limited government and economic freedom. But it’s out of character for him, and the election-year timing can’t be ignored as a motivating factor. What will Roberts do when an election is not near?
Scorecards such as these and others, including the ones that I’ve personally constructed, have caveats. For example, some members have not been in office very long. Issues in which you have an interest may not have been voted on during the member of interest’s tenure. Or, the vote may not have been a recorded vote, which is common. Also, the mere fact of a vote for or against a bill does not measure or account for leadership on the issue, or intensity of interest and involvement. I’ve not seen scorecards that incorporate the work performed and votes made in committees, which is an important part of legislating. Further, the selection of votes to be included is an issue. Organizations that create scorecards generally have issues that are important to them, and may focus on a subset of issues to the exclusion of all others.
In this episode of WichitaLiberty.TV: A look at a variety of topics, including an upcoming educational event concerning water in Wichita, more wasteful spending by the city, yard signs during election season, problems with economic development and cronyism in Wichita, and water again. View below, or click here to view at YouTube. Episode 50, broadcast July 6, 2014.