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Voice For Liberty

Wearing a Black Robe to Make Sausage

Wearing a Black Robe to Make Sausage
by Bob L. Corkins
April 22, 2005

Want to create new laws without legislators? Then watch the Kansas Supreme Court for the next few weeks to see how it's done.

Like pride for trophies on a mantle, trial lawyers boast of cases where they convinced a court to declare the birth of a new duty. Persuade a jury that somebody owes a responsibility to someone else, even if there's no agreement, precedent, or statute providing a basis, then collect damages after showing the duty was breached.

If the decision holds up on appeal - Presto! - a new law is born. You don't even need to mess with a jury when a single judge is tabbed as the official "finder of fact".

Plaintiff school districts found just the judge they were hoping for when they filed their billion dollar Montoy v. State case challenging the fairness of Kansas' K-12 education funding plan. The trial judge ruled that the state aid formula was both inequitable and under-funded. The Kansas Supreme Court now appears ready to uphold that result, but with one major twist in reasoning.

Any discrimination of our laws is traditionally evaluated with the Constitution's Equal Protection Clause. In the Montoy trial court's opinion, disparities in K-12 funding caused "a clear denial of equal protection of the laws in contravention of both the United States and Kansas Constitutions".

More from Rep. Frank Miller

A press release from Kansas House Member Frank Miller, Republican from Independence.


Further Regarding The Sebelius Court Order
June 9, 2005

Thank you for your many responses to my last press release. I appreciate getting both those that agree with me as well as those that disagree with me. The responses are running about half agree and half disagree, however most of the “disagrees” are from educators. The pile of agree responses cut across a broad range of constituents in my district. As far as my meetings with individuals, the consensus is running almost 100% agree that the Sebelius Court has overstepped its authority. Let’s face it – most voters want to hold their elected legislators responsible for making laws, levying taxes, and appropriating funding. Who wants to have a few non-elected judges make these kinds of decisions?

Some have asked me “have we read the Constitution” – the answer is “YES”. Some say the legislature must obey the Sebelius court if they have a genuine concern for the children – the answer is “we do”, but we also have a concern for the parents of the children, and for those couples who have no children and retired citizens. The amount of tax that comes out of the pockets of the parents also hurts the children.

Base School funding on research, not feelings

On the surface, it would seem like smaller class sizes would produce better educational outcomes. Intuitively, this makes sense.

Research tells a different story, however.

Kansas Supreme Court Bypasses Voters Right to Representation

Following is a press release from Kansas House Member Frank Miller, Republican from Independence. I think he assesses the situation accurately.
Kansas Supreme Court By-Passes Voters Right to Representation

I am shocked and very alarmed that the Kansas Supreme Court by a unanimous decision would so boldly by-pass the authority of the legislature and directly appropriate funding for governmental functions.

Disgraceful decision will hurt Kansas

The Kansas Supreme Court's school finance decision is deeply flawed both in substance and in procedure. This five page judicial edict (www.kscourts.org see case no. 92,032) announced January 3 is designed to pressure the legislature into voting for more spending for public schools without saying by how much. Many tax and spend advocates are now claiming the court is requiring a tax hike, but no such specific language is contained within this decision.

I, Government

I, Government
Published in The Freeman: Ideas on Liberty, October 2002 by D.W. MacKenzie
Click here to read the article.

This article illustrates just how large government at all levels has become.

Do we really want governments so powerful that they can do the things described in this article?

How have we let this happen? Will we ever be able to shrink the size and intrusiveness of government? Even under a president who labels himself a conservative, government spending has grown rapidly. Even the most modest proposals to take away power from the government and give it back to the people appear to have no chance of success. The proposal for social security private accounts is an example of this.

The Invasiveness of Government

TRACKSIDE
by John D'Aloia Jr.
May 31, 2005

Trackside last discussed the use of the legislative process to feed the insatiable itch for power that overtakes elected officials. This past session a majority of Kansas state senators demonstrated the itch by passing SB45, a bill that would have given local jurisdictions the means to instantly collect past due property taxes by making the delinquency a cause for a court judgement against all the landowner's resources to settle the tax debt.

As stated in that Trackside, the ability to condemn or control private property is another route to increasing the power of government. With the Endangered Species Act (ESA), those who covet power found a mighty sword to use against both individual landowners and society. The ESA is infamous for its use as a means not to protect critters but to give government and narrow interest groups power over how citizens use their land and how they spend their money. Examples abound - one of the latest revolves around the endangered Riverside fairy shrimp in California. The Riverside fairy shrimp is a fresh-water shrimp, one-half to one inch long, that lives in mud puddles after it rains. The City of Los Angeles is going to have to remove 1.3 acres of top soil, an estimated 468 tons, using hand trowels, to "transplant" endangered Riverside fairy shrimp eggs from the Los Angeles Municipal Airport (LAX for you frequent flyers) to a preserve being created at the closed El Toro Marine Corps Air Station, said preserve to be maintained by the city. The Federal Aviation Administration refused to allow a reserve for them at LAX because it would have meant having the area covered by water for several months a year, attracting birds that could be sucked into jet engines. The debate has been going on for six years. The cost was not stated. The fairy shrimp has locked up thousands of acres in California, taken it off-limits for development. The shrimp's only value appears to be as an ecofascist tool for gaining control over private property and the use of tax dollars. This is not a productive use of the nation's wealth or a rationale for making tax slaves of citizens.

The Mississippi beef plant has a lesson for us

Jackson, Mississippi has a lively talk radio station, WJNT, featuring both local shows and national shows. The hot topic of discussion on my trip to this city was what to do with the MCI settlement money, as the state had just negotiated a settlement with MCI of $100 million, for taxes MCI owed.

Where Is Our Public Access Cable Television?

This is a letter I am sending to Cox Communications, plus government officials who I think can help.

Recently I was in Portland, Ore. I happened to notice that there was true public access cable television. I watched several talk shows covering a variety of topics. There were locally-produced music shows, featuring local bands.

This experience caused me to wonder why Wichita doesn’t have this type of community cable television access. I seem to remember that when cable television was new, that local governments were granted public access channels as part of the franchise agreement. In Wichita we have a few channels that are used by the City of Wichita and the local school district. It seems to me, however, that these entities use the channels for very little useful programming. Most of the time these channels are rolling the same stale and useless public service announcements, or the same photographs of downtown Wichita statuary for the past few years.

Ethics Require Two Recusals In School Finance Lawsuit

Would you want to go to court and face a judge who used to serve as legal counsel for your courtroom opponent? That is one of the ethics challenges facing the state in trying to fight off the $1 billion school finance lawsuit in front of the Kansas Supreme Court. This court heard oral arguments again May 11 in this case. There are 15 school districts spending millions of dollars promoting this lengthy lawsuit against the state and its taxpayers.

Rep. Todd Tiahrt and BTK

Congressman Todd Tiahrt has secured $1 million for use by the Wichita Police Department in the omnibus appropriations bill that goes before the House of Representatives on Monday.

The bill has already passed the Senate, Tiahrt spokesman Chuck Knapp said, and approval by the House is expected to be a formality.

While there are safeguards in place to make sure the money is used for certain purposes, Knapp said, "we're just not able to comment on the details of the funding." -- From "BTK 'clues' breed theories" in The Wichita Eagle, December 2, 2004.

Here The Wichita Eagle reports that U.S. Representative Todd Tiahrt secured one million dollars from the federal government to help pay for costs related to the investigation of the BTK serial killer. Rep. Tiahrt was widely praised for this.

We should remember where that money came from. It didn't fall out of the sky. It wasn't free. It came from the taxpayers of the entire country. I suspect that many people in Wichita thought it was good that we got the nation as a whole to pay for the BTK investigation.

But think about what had to happen behind the scenes. Rep. Tiahrt must have lobbied for the money. Then the federal government collected tax money, only to send it back to Wichita. That, right there, is inefficient. A bureaucracy had to exist to perform that.

Then, of course, Rep. Tiahrt and Wichita aren't the only ones looking for a federal handout. When other cities or states receive money in this way -- a special payment to one locality for a special project -- we in Wichita call it pork barrel spending. That's exactly what Rep. Tiahrt engaged in to get us the money for BTK. He should be ashamed, and we should not laud him for it.

Thank You, Sedgwick County Commissioners

In an article in the May 12, 2005 Wichita Eagle titled "County plans no tax rate increase" we learn that "Sedgwick County's property tax rates will stay the same next year and the county will be able to avoid layoffs and drastic cuts in programs, officials predicted Wednesday."

Spending in next year's budget will not contain "significant increases in spending."

Before I go too overboard with thanks, I will remind readers that it was this commission that pushed for the sales tax increase for the downtown Wichita arena.

What’s the Matter with Kansas?

By Alan Cobb, State Director of Americans For Prosperity, Kansas

Many would describe that much of Kansas is in decline. Over 75 percent of the counties in Kansas have lost population just since 2000. Over half of Kansas' counties have fewer residents today than 1900.

Recently, the Associated Press reported that Kansas is in real danger of losing a Congressional seat during the next reapportionment because of anemic population growth. Kansas population growth from 2000 to 2004 was only 1.7 percent while the nation as a whole grew 4.3 percent. Sedgwick County's growth was only 2.3% during this time. Kansas' annual growth of less than one-half of one percent should startle anyone concerned about the future of our fine State.

No matter how you measure growth, Kansas is struggling, particularly when compared to the other 50 states. Kansas is in the bottom ten among states in population growth, income growth and job growth.

Unbelievably, this century Kansas has lost 16,700 private sector jobs while the government sector actually added 15,000 jobs.

The same week it was reported that Kansas may lose a Congressional seat, the Tax Foundation released a study that stated Kansas has the 15th highest state and local tax burden. We are tied with New Jersey and higher than Massachusetts and California. Kansas has a higher tax burden than all of our neighboring states except Nebraska.

Ethics Require Recusal in School Finance Lawsuit

The Kansas Supreme Court's second canon of rules requires that its members, "shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

This rule goes on to state, "A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment." These are important principles for the administration of justice in this state.

Because Government Should Have Accountability

Because Government Should Have Accountability
Paul M. Weyrich, Chairman and CEO of the Free Congress Foundation (Click here to read the article.)

In an article from The Wichita Eagle published on May 3, 2005 titled "Ice rink figures don't add up, records show" we find this quote: "Ice Sports Wichita has been on a downward slide longer than the city staff admits in a report the City Council is scheduled to act on today, records show." These records were obtained through a request filed under the Kansas Open Records act. My understanding of this news story is that City of Wichita staff has been misleading everyone -- including the mayor and city council -- about the true state of the ice rink's financial affairs. If not for the reporters who obtained the records, this deception might be continuing.

The commentary by Paul M. Weyrich referenced above contains examples of where the Federal Freedom of information Act has been used to uncover governmental misdeeds. The article also mentions a bill titled the OPEN Government Act, designed to "ensure that government acts promptly and efficiently in responding to FOIA requests."

Revolving Door Between Press and Government Turns Again

Mr. Van Williams, Wichita Eagle city hall reporter for the past three years, will become Wichita's public information coordinator.

I believe there needs to be a tension between the press and the government officials it covers. The press needs to hold officials accountable. It needs to dig deep to uncover facts officials don't voluntarily concede. It needs to ask them tough questions. It needs to make them angry from time to time.

Would the City of Wichita hire someone who had been doing that?

Wichita City Council Meeting, April 19, 2005

I was startled to hear this information, that the new contract has no dollar cap, as this has not been, in my memory, reported. It has been reported that AirTran sought a no-cap contract, but that Wichita would not agree to that. But it turns out that the city has agreed to what, in effect, is a no-cap contract. Yes, I believe Mr. Bell when he says that Wichita can cancel the contract, with notice, if the city believes it will spend more than the $2.5 million it has committed to. I would submit, however, that if the City spends the $2.5 million and realizes it needs to spend more to keep AirTran in town, the City Council would vote to do so. Therefore, the no-cap contract is in effect.

I, Pencil

Do you think there exists a single person who knows how to make a lead pencil? In this article, Mr. Read shows us how there is no one who knows even a small fraction of what is necessary to produce even this simple, everyday item.

How, then, does a lead pencil come to be manufactured? Through the uncoordinated actions of many people, each exchanging their own small amount of knowledge for something else they want.

The miracle and morality of the market

In this short article we learn the simple mechanism that makes our economy work so well. Interference with that mechanism is not only harmful, it is immoral.

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