From the Wichita Pachyderm Club: A panel presentation on the topic “Why I Am a Republican.” Panelists, in order of their initial remarks, are Ben Sauceda, former Sedgwick County Commissioner Karl Peterjohn, Precinct Leader Linda Baker, and Sedgwick County Commissioner Richard Ranzau. Todd Johnson is the moderator. This audio presentation was recorded on September 15, 2017.
Kansas Secretary of State Kris Kobach addressed members and guests of the Wichita Pachyderm Club on Friday June 9, 2017, the day after he announced his candidacy for Kansas Governor in 2018. Video of this event is on YouTube here.
By Karl Peterjohn
Kris Kobach’s gubernatorial campaign heralding conservative policy options for Kansas arrived at the Wichita Pachyderm Club luncheon June 9. Speaking to a packed house of Pachyderm Club members and guests, Kobach wasted little time in blasting the tax and spend climate at the Kansas statehouse that resulted in the largest tax hike in Kansas history, a $1.2 billion income tax hike that was approved this week over Governor Brownback’s veto.
The Kansas Secretary of State since 2010, Kobach began criticizing the “climate of corruption,” at the Kansas statehouse. He criticized Democrat legislative leader Senator Anthony Hensley who has been in the legislature, “since the Ford administration,” when Kobach was eight years old at that time, and today Kobach is 51 years old. Kobach said many of the legislators are well past their, “sell by date,” and used this example from the last century to call for term limits on all statewide elected officials as well as legislative term limits.
“We had an obscene tax increase,” Kobach said in criticizing the legislators who overrode Governor Brownback’s veto and approved a $1.2 billion tax hike. “Kansas does not have a revenue problem, Kansas has a spending problem.” Kobach repeatedly blasted tax and spending expansion advocates from both Republican and Democrat legislators override the gubernatorial veto.
“It’s so easy when spending other peoples’ money,” Kobach said.
Kobach blasted the retroactive tax hike feature along with raising taxes on supposedly “high income” families making only $60,000 or more, a year. He called for a rollback of this tax hike, and pointed out the failure of the conservative Republican’s Truth Caucus budget that would not have raised taxes and failed in the senate by only a couple of votes. When legislators say they had no choice (but raise taxes) they are lying.”
Besides ending the culture of corruption and the tax battle, Kobach’s third point in his campaign platform plank included immigration and ending benefits for illegal immigration, including the in-state tuition that treats out of state U.S. citizens worse than illegal immigrants who have broken U.S. law. He also wants to end “sanctuary cities/counties,” that have been adopted by some local governments in Kansas.
Kobach called for making Kansas number one for pro-life issues and praise the legislation enacted relating to abortion since 2011. A sportsman and outdoorsman, Kobach praised the excellent pro-2nd Amendment ranking Kansas has achieved but expressed a desire, if elected, to make Kansas number one in rankings related to pro-life, 2nd amendment, and fiscal issues.
The Secretary of State has just finished their ninth conviction for voter fraud and done this while his office budget has been reduced by 18 percent. Personnel costs were the major area for generating savings in the Kansas Secretary of State’s office according to Kobach. He said this was achieved by eliminating positions due to retirement or job changes, and not by any layoffs. Kobach wants to take this personnel policy and apply it as governor.
When Kobach was asked about his support for initiative and referendum for state issues, he said that while he was personally supporting this, he doubted that this could get through the legislature. He did commit to demanding that the legislature cut back benefits for illegal immigrants, and would force the legislature into acting if he is elected.
This could generate significant savings in state spending. Kobach criticized Kansas for being behind our neighboring states since Kansas spends $424 million in benefits paid for illegal immigrants. This is a net figure, that includes the $18 m paid in mostly sales taxes, paid by illegals Kobach said. 71% of illegal household receive public benefits.
In continuing his criticism of the legislature, and particularly long serving legislative leaders, Kobach called for a restriction on legislators leaving public office and immediately becoming lobbyists for their former colleagues. This is commonplace at the Kansas statehouse. Kobach wants a ban that would last several years.
Kobach expressed strong support for school choice. He said that competition is good and wanted to provide parents and students with the ability to choose the best schools that would meet their educational needs.
The success of the effort to lower income taxes in Kansas was seen by the expansion in corporate filings that demonstrate new business formation while he has been in office. Annual filings have grown to 15,000 a year, an increase of about 35 percent since 2012, the first year that this information was tracked by the secretary of state’s office.
Former Sedgwick County Republican Party chairman Bob Dool introduced Kobach at this event. Dool cited Kobach’s Kansas ties in returning to Kansas after earning degrees at Harvard; Oxford, England; and a law degree from Yale University. Kobach had also worked as a White House fellow for George W. Bush and went on to join the U.S. Justice Department where he was serving during and after the 9-11-2001 Islamic terrorist attacks. Dool will serve as the treasurer for Kobach campaign. Kobach is married with five children and has served on the Overland Park city council. Recently, President Trump appointed Kobach to help lead a federal panel to look at problems with our voting system, reduce voter fraud, and improve our elections.
Kobach has become the second announced gubernatorial candidate after Wichita businessman Wink Hartman who was the first Republican to announce his candidacy recently. Governor Sam Brownback is term limited and cannot run for re-election. While the self-described, “moderates,” do not have a GOP gubernatorial candidate in this contest as of today, it is clear that at least two conservatives, and possibly more, are going to enter the Kansas gubernatorial primary for the GOP nomination.
In this episode of WichitaLiberty.TV: Co-host Karl Peterjohn joins Bob Weeks to discuss the Kansas congressional nominating conventions, taxing and spending in Topeka, and Wichita economic development and promotion. View below, or click here to view at YouTube. Episode 139, broadcast February 19, 2017.
- Spending and taxing in Kansas. Difficulty balancing the Kansas budget is different from, and has not caused, widespread spending cuts.
- The Wichita economy, according to Milken Institute. The performance of the Wichita-area economy, compared to other large cities, is on a downward trend.
- Greater Wichita Partnership. Greater Wichita Partnership features untruthful information on its website, which casts doubt on the reliability of the organization and the City of Wichita.
- Activate Wichita, an embarrassment. A communications initiative of the City of Wichita brings embarrassment to our city.
- ‘Activate Wichita’ illustrates city approach to citizen involvement. A City of Wichita outreach system is lightly used, and risks gathering only positive feedback.
From the Wichita Pachyderm Club this week: A forum for Republican candidates vying to fill the vacant position of former Congressman Mike Pompeo, who is now Director of the Central Intelligence Agency. Ths program was moderated by Kelly Arnold, who is Chairman of the Kansas Republican Party.
Candidates appearing were, in order of initial appearance:
- Wichita City Council member Pete Meitzner
- Kansas Treasurer Ron Estes
- Former Congressman Todd Tiahrt
- Donald Trump adviser Alan Cobb
- Attorney George Bruce
- Aerospace engineer and radio host Joseph Ashby
This program was recorded February 3, 2017. Republican delegates will meet to select their candidate on February 8. The election is April 11.
In this episode of WichitaLiberty.TV: Co-host Karl Peterjohn joins Bob Weeks to discuss a few big developments in Kansas politics, school choice, and civil asset forfeiture. View below, or click here to view at YouTube. Episode 136, broadcast January 29, 2017.
From the Wichita Pachyderm Club this week: A panel discussion on the results of the 2016 general election. Panelists were:
- Mark Kahrs, Member of Kansas House of Representatives and Kansas Republican National Committeeman
- Clayton Barker, Executive Director, Kansas Republican Party
- Mark Dugan, Dugan Consulting Group
This audio presentation was recorded on November 11, 2016.
Candidates in Kansas who promise more spending ought to explain just how higher taxes will — purportedly — help the Kansas economy.
Are low taxes important to an economy, especially a state economy? When the Tax Foundation looked at the issue, it concluded this: “In this review of the literature, I find twenty-six such studies going back to 1983, and all but three of those studies, and every study in the last fifteen years, find a negative effect of taxes on growth.”1
Many of these studies concerned the national economy and taxes, but some looked at state taxes. When we look at Kansas, we see that Kansas already taxes and spends quite a lot, compared to other states. Nearby is a chart showing per-capita state tax collections in Kansas and Colorado.2
Looking at other data, I found that considering all state and local government employees in proportion to population, Kansas has many, compared to other states, and especially so in education.3
From another source of data, I found this: “In the visualization, you can see that Kansas spends quite a bit more than nearby states. Of special interest is Minnesota, which is often used as an example of a high-tax state, and a state with excellent schools and services. But Minnesota spends barely more than Kansas, on a per-person basis. What about Colorado? It seems that Kansans often look to Colorado as a state full of bounty. But Kansas outspends Colorado. Same for New Mexico, Wisconsin, Texas, and — especially — Missouri.”4
Please don’t argue that the economic health of a state is determined by its budget, that is, whether it is balanced or not. And if you want to argue that Kansas has borrowed money through the highway fund and spent it in the general fund: That’s true, and we should not do that. But that action allowed Kansas to keep spending, much like borrowing allows the federal government to keep spending more that it raises through taxes.
Some argue that if the state taxes more, it can spend more, and therefore the economy expands. But: The money taken from Kansans is money that they can’t spend. And if one wants to argue that government spends more carefully and efficiently than do private individuals spending their own money — well, give it a try. Empirically, not many people believe this.
And isn’t government spending the purpose of taxation? Nearby are figures showing Kansas general fund spending. You can see that for two years Kansas spent much more than it collected in revenue, using a large ending balance as the source of funds. If one believes in the Keynesian theory of fiscal effects — which most liberals and progressives do — this “deficit” spending spared spending cuts and therefore boosted the Kansas economy.
Regarding the spending cuts that some claim: Have there been severe spending cuts in Kansas? While some programs have been trimmed, overall state spending continues on a largely upward trend (for all funds spending) or remains mostly flat (for general fund spending), after accounting for population and inflation.5
We also hear that the Kansas economy is in bad shape because tax revenue has fallen short of estimates. This is not a good indicator of economic health. Instead, it illustrates the difficulty of economic forecasting. Moreover, the negative estimate variances — revenue shortfalls, in other words — in 2002 to 2003 and 2009 to 2010 were generally much larger in magnitude than those of recent years.6 Remember how the Obama administration told us that without the 2009 stimulus package unemployment would rise to a certain level? Well, the stimulus bill passed, we spent the money, and unemployment was higher than what the administration said it would be without the stimulus. And for a long time, too.7
We also hear that transfers from KDOT — the highway fund — have hurt Kansas, especially in construction jobs. Our state’s two largest newspapers recently editorialized on this matter.8 They correctly reported that Kansas construction jobs were down. But it wasn’t highway construction jobs that caused the loss of jobs, except for a very small portion.
Furthermore, the state has continued to spend on highway programs, without regard to transfers from the highway fund. When we look at actual spending on roads, we see something different from what is often told. KDOT’s Comprehensive Annual Financial Report shows spending in the categories “Preservation” and “Expansion and Enhancement” has grown rapidly over the past five years. Spending in the category “Maintenance” has been level, while spending on “Modernization” has declined. For these four categories — which represent the major share of KDOT spending on roads — spending in fiscal 2015 totaled $932,666 million, up from a low of $698,770 in fiscal 2010.
We should not borrow money, place it in the highway fund, and then transfer the funds to the general fund, as the state has done for many years. But actual spending on highways has risen, nonetheless.
So: Just how will higher taxes help the Kansas economy?
- McBride, William. What Is the Evidence on Taxes and Growth? Tax Foundation, 2012. http://taxfoundation.org/article/what-evidence-taxes-and-growth. ↩
- Weeks, Bob. Tax collections by the states. Interactive visualization. https://wichitaliberty.org/economics/tax-collections-states-2/. ↩
- Weeks, Bob. State and local government employee and payroll. Interactive visualization. https://wichitaliberty.org/economics/state-local-government-employee-payroll/. ↩
- Weeks, Bob. Kansas, a frugal state? Interactive visualization. https://wichitaliberty.org/economics/kansas-frugal-state/ ↩
- Weeks, Bob. Kansas government spending. https://wichitaliberty.org/kansas-government/kansas-government-spending-2/. ↩
- Weeks, Bob. Kansas revenue estimates. https://wichitaliberty.org/kansas-government/kansas-revenue-estimates/. ↩
- Weeks, Bob. Brownback and Obama stimulus plans. https://wichitaliberty.org/economics/brownback-and-obama-stimulus-plans/. ↩
- Weeks, Bob. Topeka Capital-Journal falls for a story. https://wichitaliberty.org/kansas-news-media/topeka-capital-journal-falls-story/. ↩
Attacks on Tim Huelskamp reveal the worst in political campaigning.
When the campaign of Roger Marshall accuses Tim Huelskamp of being in favor of abortion, you know his campaign is spiraling out of control. Either that, or the Marshall campaign is deliberately lying about a politician’s record.
Beyond this issue, the Marshall campaign and its surrogates are making arguments that simply have no basis in reality. An example is one radio ad, placed by an independent spending group, that uses the term “Washing-Tim.” The ad tries to persuade voters that Huelskamp has sold out to the Washington establishment. That is a true whopper, as Huelskamp has been anything but an establishment crony.
As an example, Huelskamp opposed the reauthorization of the Export-Import Bank last year. This is an issue that draws a bright line, with progressive Democrats and left-wing Republicans on one side, and free-market, limited government conservatives on the other. The issue truly and precisely sorts politicians into two groups, and Huelskamp is on the right side of this issue. Which is to say, the non-establishment side. Yet, we get “Washing-Tim” from Marshall supporters.
Part of the problem is that officeholders in legislatures, both state and federal, must often vote on bills that contain hundreds of provisions. This bundling of so many often disparate issues into one vote allows unscrupulous campaigns to label someone as a supporter of an issue. That’s what the Marshall campaign and its surrogates are doing.
Mark Holden, a top leader of groups that support free-market causes including Americans for Prosperity, told The Hill this:
I don’t know who is behind [the ESAFund], I’ve heard different rumors about it, but Mr. Singer and the Ricketts family have been good partners of ours in the past and in the present as well. I totally am mystified by Ending Spending and their point of view. I just wonder who could be better [than Huelskamp] on the issues that a group like Ending Spending, I mean their whole name … who could be better on these issues than Tim Huelskamp? If you believe in fiscal responsibility, fiscal conservatism, the proper role of government, particularly on these economic issues that I’m talking about and that our network is focused on; we don’t know of anyone who’s better than Tim Huelskamp.
Huelskamp’s free-market bona fides are buttressed by his lifetime ratings with groups that focus on fiscal conservatism. Club for Growth rates Huelskamp at 100 percent lifetime. Americans for Prosperity scores him at 98 percent.
During election season, especially in close campaigns, we’re accustomed to seeing campaigns paint opponents in unflattering light. The Roger Marshall campaign and its surrogates, however, may be establishing a new standard for deceptive behavior and outright lies.
Kansas taxpayers should know their tax dollars are helping staff campaigns for political office.
As reported by the Wichita Eagle, it is perfectly allowable for some Kansas state government employees to work on political campaigns.1
Not all Kansas state government employees can work on campaigns while being paid by taxpayers. Only personal staff members of elected officials can. But this can be quite a large number of people. The Eagle reports that Governor Sam Brownback has 21 personal staff members.
It’s not only the governor that has taxpayer-paid employees on the campaign trail. The Eagle also reports that a member of Senate President Susan Wagle‘s office has been on the campaign trail.
That senate employee, along with an employee of the governor’s office, were spotted campaigning for Gene Suellentrop. His Facebook page seemed pleased with their participation, again according to Eagle reporting:
Rep. Gene Suellentrop, R-Wichita, who is seeking the vacant seat in Senate District 27, posted a photo of himself and 10 campaign door walkers on Facebook last month with a message saying, “The Suellentrop for Senate crew! Coming soon to your door step.”
The photo, posted on June 14, a Tuesday, includes Ashley Moretti, a member of Brownback’s staff, and Eric Turek, who works for Senate President Susan Wagle, R-Wichita.
“Those two showed up late that afternoon on their own, I have not requested any help from any leadership,” Suellentrop said in an e-mail. “They were sure happy to get into a picture of our winning campaign.”
The first question the taxpayers of Kansas ought to ask is this: If these taxpayer-paid staff members have time to work on political campaigns, who is doing the work of the people of Kansas in their absence? What tasks are postponed so that these staff members can work on campaigns?
The answer to this question, I’m afraid, is that there are too many staff members.
The second question we should ask is this: Why is this practice allowed? There is a ruling from the ethics commission that allows this use of personal staff. Which leads to the third question: Why hasn’t the legislature passed a law to prohibit this practice?
The answer to that last question, I’m afraid, is that the ruling class protects its own. For example, there is an organization known as the National Republican Senatorial Committee. Its job is to re-elect Republican senate incumbents. It doesn’t say this, but that is what it does. This is representative of the attitude of the political class. Once most officeholders have been in office a few years, they comfortably transition to the political class. Thereafter, their most important job is their re-election campaign, followed closely by the campaigns of their cronies.
This is why you see Brownback and Wagle lending taxpayer-funded staff to the Suellentrop campaign. Should he be elected to the Kansas Senate, well, how can’t he be grateful?
Here’s what needs to happen.
First, this process must stop. Even though it is allowable, it is not right. We need leaders that recognize this. (Both Republicans and Democrats are guilty.)
Second. The trio of Suellentrop, Brownback, and Wagle need to reimburse Kansas taxpayers for the salaries of these staff for the time spent working on campaigns. (We should not blame the staff members. It’s the bosses and rule makers that are the problem.)
Third. Brownback and Wagle need to send staff to work for Suellentrop’s Republican challenger to the same degree they worked on the Suellentrop campaign. Either that, or make a contribution of the same value of the campaign services these taxpayer-funded Kansas state government workers supplied. Any other candidate in a similar situation — that of having taxpayer funds used to campaign against them — should receive the same compensation.
Now, some may be wondering how is this different from the governor endorsing senate candidates in 2012. It’s one matter for an officeholder to endorse a candidate. It’s an entirely different matter to send taxpayer-paid staff to work on campaigns. I hope that didn’t happen in 2012.
Fourth. Apologies to Kansas taxpayers are in order, as is a quick legislative fix. And, a reduction in personal staff members, as — obviously — there are too many.
Finally, thanks to the Eagle’s Bryan Lowry for this reporting.
- Lowry, Bryan. Taxpayer-funded campaign staff can knock at Kansans’ doors. Wichita Eagle, July 17, 2016. Available at www.kansas.com/news/politics-government/election/article90179637.html. ↩
From the Wichita Pachyderm Club this week: Republican primary candidates for Kansas Senate were invited to participate in a forum. Candidates invited were:
- In Kansas Senate District 25: William Eveland and Jim Price. (map)
- In Kansas Senate District 26: Byron C. Dunlavy and Dan Kerschen. Dunlavy did not attend. (map)
- In Kansas Senate District 28: Jo L. Hillman and Mike Petersen. Hillman did not attend. (map)
This is an audio presentation recorded on July 15, 2016.
In this episode of WichitaLiberty.TV: New outlets for news, and criticism of the existing. Is Kansas government “hollowed out?” Ideology and pragmatism. View below, or click here to view at YouTube. Episode 124, broadcast July 17, 2016.
The Sedgwick County Republican Party held a candidate forum. Invited were candidates for Kansas Senate, district 27, and Sedgwick County Commission, district 3. Candidates are:
- In Senate district 27: Lori Graham and Gene Suellentrop
- In Sedgwick County Commission district 3: David Dennis and Karl Peterjohn.
This is an audio presentation recorded on July 14, 2016.
From the Wichita Pachyderm Club this week: Republican primary candidates participated in an 18th Judicial District Candidates’ Forum. This is an audio presentation recorded on June 24, 2016. Candidates included:
Division 3: Gregory D. Keith, Carl Maughan
Division 14: Linda Kirby, Patrick Walters
Division 21: Jeff Dewey, Robert A. Holubec, Quentin Pittman
Division 24: Shawn Elliott, Timothy H. Henderson, Tyler J. Roush
(For these offices, the divisions do not represent a geographical area. Everyone in Sedgwick County is able to vote for all judicial divisions.)
From the Wichita Pachyderm Club this week: Republican candidates for the Kansas House of Representatives participated in a candidate forum. This is an audio presentation recorded on June 17, 2016.
In Kansas House District 87: Jeremy Alessi and Roger Elliott (district map)
In Kansas House District 91: Greg Lakin and J.C. Moore (district map)
In Kansas House District 94: Scott Anderson and Leo Delperdang (district map)
From the Wichita Pachyderm Club this week: A forum featuring Republican primary election candidates for Board of Sedgwick County Commissioners. This is an audio recording made on June 10, 2016.
On Friday May 20, 2016, Professor Chapman Rackaway of Fort Hays State University briefed members and guests of the Wichita Pachyderm Club on the August primary elections. Two surprises: Will Jerry Moran have a Republican challenger, and who does Dr. Rackaway believe Donald Trump should select for a running mate? This is an audio presentation. Accompanying visual aids are here.
Charter schools benefit minority and poor children, yet Kansas does not leverage their benefits, despite having a pressing need to boost the prospects of these children.
The CREDO studies at Stanford University are often cited as the most comprehensive and reliable research on charter schools. Opponents of charter school focus on a finding that some charter schools are worse than local traditional public schools, the figures being 19 percent for reading and 31 percent for math. Because of this, opponents of charter schools feel justified in keeping them out of Kansas. (Kansas does allow charter schools, but the law is so stacked against charter schools that there are very few, effectively none.)
The findings from the Stanford CREDO National Charter School Study from 2013 contain much more information than this simple conclusion. In particular, here is a partial quote from its executive summary: “Enrollment and persistence in charter schools is especially helpful for some students, particularly students in poverty [and] black students …”
Why would we not want to experience these benefits, especially for poor and minority students?
This is important. While the Kansas public education establishment touts the state’s relatively high performance on national tests, when results are analyzed closely, we see some things that should cause all Kansans to embrace whatever we can do to correct this.
Nearby is a chart of NAEP scores for Kansas and national public schools. It is an example from a visualization of NAEP scores that you may use yourself. I’ve circled some troubling results. An example of something that must be changed is this: For grade four math, 14 percent of Kansas black students are at the level “proficient” or better. For national public schools, the figure for the same population subgroup is 19 percent.
Following, some findings from the CREDO study that show how charter schools help precisely the students that need the most help. But the Kansas school establishment does not want charter schools, and so far Kansas Republicans — including Governor Brownback and legislative leaders — have been unwilling to help the most vulnerable Kansas schoolchildren.
“The 27 states in our study provide the widest angle view of the charter school sector to date. Across multiple measures, the students in these charter schools have shown both improved quality over the results from 2009 and an upward trend in their performance over the past five years.”
“The average charter school student now gains an additional 8 days of learning each year in reading, compared to the loss of 7 days each year reported in 2009. In math, charter students in 2009 posted 22 fewer days of learning; now that gap is closed so their learning each year is on par with their peers in traditional public schools.”
“Looking back to the demographics of the charter school sector in the 27 states, charter school enrollment has expanded among students in poverty, black students, and Hispanic students. These are precisely the students that, on average, find better outcomes in charter schools. These findings lend support to the education and social policies that focus on education as the mechanism to improve life chances for historically underserved students. Charter schools are especially beneficial learning environments for these students, as the following graphics illustrate in greater detail.”
“Enrollment and persistence in charter schools is especially helpful for some students, particularly students in poverty, black students, and English language learners all of whom post significantly higher learning gains in both reading and math. Hispanic students are on par with their TPS peers in both reading and math. For students with multiple designations (such as being black and in poverty), the impacts of charter schooling are especially positive and noteworthy.”
Kansas progressives and Democrats oppose a judicial selection system that is used by U.S. Presidents, both Democrats and Republicans.
What is the substantive difference between these two systems?
A) A state’s chief executive appoints a person to be a judge on the state’s highest court. Then the state’s senate confirms or rejects.
B) A nation’s chief executive appoints a person to be a judge on the nation’s highest court. Then the nation’s senate confirms or rejects.
Perhaps there is a difference that I’m not smart enough to see. I’m open to persuasion. Until then, I agree with KU Law Professor Stephen Ware and his 2007 analysis of the way Kansas selects Supreme Court judges as compared to the other states.1 That analysis concludes that “Kansas is the only state in the union that gives the members of its bar majority control over the selection of state supreme court justices.”
Ware has made other powerful arguments in favor of discarding the system Kansas uses: “In supreme court selection, the bar has more power in Kansas than in any other state. This extraordinary bar power gives Kansas the most elitist and least democratic supreme court selection system in the country. While members of the Kansas bar make several arguments in defense of the extraordinary powers they exercise under this system, these arguments rest on a one-sided view of the role of a judge.”2
Judges, Ware says, make law, and that is a political matter: “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.”3
For Kansas progressives and Democrats to oppose Kansas adopting the same system that has enabled Barack Obama to appoint two liberal justices to the U.S. Supreme Court, with perhaps more to come — don’t they realize that Kansas will (likely) have a Democratic governor someday? As Clay Barker noted, for the last 50 years, no Kansas governor has been followed by a successor of the same party (except for Mark Parkinson filling the remainder of a term after Kathleen Sebelius resigned). If that pattern holds — and there’s no guarantee that it will — the next Kansas governor will be a Democrat, just three years from now.
Superficially, it doesn’t seem to make sense for Kansas Democrats to oppose the governor making judicial selections while supporting the President of the United States having the same power. It does make sense, however, when we realize that Kansas Democrats are comfortable with the state’s bar selecting the judicial nominees that the governor may consider. (Which gives truly useful and enjoyable bars a bad name.) Lawyers, especially lawyers that take an active role in politics, tend to be Democrats, and progressive Democrats at that. If the Kansas bar was dominated by constitutional conservatives, would Kansas Democrats feel the same?
I’m not claiming that the motives of conservative Kansas Republicans are pure. Will they change their stance on the desirability of the governor appointing Supreme Court judges if there is a Democratic governor? I don’t know, but I have a suspicion.
Defenders of the current Kansas system claim that the system is based on merit, not politics. To which we must note that this year the Kansas Supreme Court was reversed by the United States Supreme Court. It wasn’t even close, with justices voting eight to zero that the Kansas court was wrong in its application of the law. (The other Supreme Court justice said “I do not believe these cases should ever have been reviewed by the Supreme Court.)
- Ware, Stephen J., Selection to the Kansas Supreme Court. Fed-soc.org. Available at: http://www.fed-soc.org/publications/detail/selection-to-the-kansas-supreme-court. ↩
- Ware, Stephen J., The Bar’s Extraordinarily Powerful Role in Selecting the Kansas Supreme Court (September 25, 2009). Kansas Journal of Law & Pubic Policy, Vol. 18, No. 3, p. 392, 2009. Available at SSRN: http://ssrn.com/abstract=1478660. ↩
- Ware, Stephen J., Originalism, Balanced Legal Realism and Judicial Selection: A Case Study (August 3, 2012). Available at SSRN: http://ssrn.com/abstract=2129265. ↩
In this episode of WichitaLiberty.TV: Looking back at the Kansas presidential caucus and should it matter who becomes president. A new regulatory regime in Wichita probably won’t help its stated purpose, but will be harmful. Then, more about regulation. View below, or click here to view at YouTube. Episode 113, broadcast March 13, 2016.