Category Archives: legislature

Half-guilty, fully hypocritical

Posted on by
2

Your correspondent has a good friend, the Reverend John Bennett, who speaks and prays with a soft but strong voice, a man stooped by age but standing straight and tall in his passion for social justice.

John has been convicted of trespassing in the public gallery of the Missouri Senate.  He’s one of the Medicaid 23, as they are called, the ministers and private citizens who interrupted a filibuster on May 6, 2014 with songs, slogans and prayers urging senators to forget about playing politics with Medicaid expansion and instead think of 300,000 Missourians living on much less than senators are paid who would gain healthcare coverage under that part of Obamacare.

That’s John, wearing his minister’s stole, on the front row with the group in front of the Cole County Courthouse before their trial.

missouri faith voices

He said at the time of the demonstration, “Missouri lawmakers need a wake-up call. This is not about politics—this is about human life.  Until they do their job and pass Medicaid expansion, 700 Missourians will die each year and hundreds of thousands will live with untreated illness and in financial fear. This is a moral issue.”

Your correspondent was at the Senate press table that day.  Posted video of John and the other demonstrators with the story on the Missourinet web page. We understand the video was played during the trial. The Senate did not seem surprised when John and the-more than 23 others confronted them from the gallery.  Ron Richard, then the Majority Floor Leader, immediately moved for adjournment, interrupting Senator Jamilah Nasheed’s filibuster.  A few members stuck around for a while but the rest decided they didn’t need to hear what some people of faith had to say on behalf of folks without enough money to influence lawmakers.  Prosecutor Mark Richardson tried to portray Nasheed as a victim of the protest.  She strongly dismisses that thought.  She says Richardson never talked to her.  She was never asked to testify.

Senator Richard is now the President pro Tem, the leader of the chamber.

Capitol police, who earlier had been briefed by leaders of the demonstration, asked them to leave.  And most of them did.  But the Medicaid 23, as they had promised the police, stayed until officers tapped them individually on the shoulder and asked them to depart.  And when that happened, each of them peacefully left the chamber.  John was one of the last four to go.

Prosecutor Richardson charged the 23 with trespassing and with obstructing the business of the Senate.  One of the 23 was unable to attend the trial and could be tried separately later.  We’ll see if Richardson has the courage to put him on trial by himself. After all, he has to be as guilty as the rest, doesn’t he?

The case could have been dropped at any time by Richard and the Senate but Richardson spent more than two years on their behalf zealously pursuing his case and the righteous Senate leadership didn’t stop him. From the accounts we have read, his closing arguments displayed some ignorance one would not have expected from someone who had spent two years preparing.  In the end, a jury said they were guilty of trespassing.  But they were not guilty of obstructing the Senate.  An appeal of the conviction is likely.

To add a degree of fairness here—just one degree—there is an issue of public safety involved, and Richardson raised it.  If the Senate had dropped these charges, would it be giving tacit approval for other groups to think it’s permissible to do what the Medicaid 23 and their supporters did?  Would the Senate be inviting disorder in its galleries if it did not pursue this case? We weren’t in the jury room but that might have been the telling point leading to the trespassing conviction.

Prosecutor Richardson told the jury there are other places to hold protests at the Capitol, and it is true that protests are not uncommon in the rotunda or on the south front steps.  It is also true that lawmakers can and do easily ignore them.  Yes, people can testify in committees, and they have.  But when citizens start to feel their lawmakers are stone deaf, some kind of civil disobedience might seem the only alternative.

The jury, perhaps sensing that recommending jail time for these folks and only adding to the list of national embarrassments that Missouri seems to generate too often, has recommended the judge fine them.  Judge Dan Green is deciding how much.

There’s a greater and broader issue that is outside the courtroom.  It is inside the Senate.  And it is this:

What does this prosecution say about a Senate that has spent so much of its time passing a Religious Freedom Restoration bill that lets people use their religion to exclude others from associating with them as a matter of public policy—but prosecutes those who are PRACTICING their religious freedom (among other constitutional rights) to call on the legislature to include people in a matter of public policy?  The Senate seems to prefer as friends those supporting a religion of exclusion while considering those supporting a religion of inclusion as criminals.

It might be good for legislators who meet weekly for Bible Study to become acquainted with Jesus’ words from the Gospel of Matthew because He speaks of them in Chapter 23:

“Jesus said to the crowds and to his disciples: 2 “The teachers of the law and the Pharisees sit in Moses’ seat. 3 So you must be careful to do everything they tell you. But do not do what they do, for they do not practice what they preach. 4 They tie up heavy, cumbersome loads and put them on other people’s shoulders, but they themselves are not willing to lift a finger to move them.

5 “Everything they do is done for people to see: They make their phylacteries wide and the tassels on their garments long; 6 they love the place of honor at banquets and the most important seats in the synagogues; 7 they love to be greeted with respect in the marketplaces and to be called ‘Rabbi’ by others.

8 “But you are not to be called ‘Rabbi,’ for you have one Teacher, and you are all brothers. 9 And do not call anyone on earth ‘father,’ for you have one Father, and he is in heaven. 10 Nor are you to be called instructors, for you have one Instructor, the Messiah. 11 The greatest among you will be your servant. 12 For those who exalt themselves will be humbled, and those who humble themselves will be exalted.

13 “Woe to you, teachers of the law and Pharisees, you hypocrites! You shut the door of the kingdom of heaven in people’s faces. You yourselves do not enter, nor will you let those enter who are trying to. [14]

15 “Woe to you, teachers of the law and Pharisees, you hypocrites! You travel over land and sea to win a single convert, and when you have succeeded, you make them twice as much a child of hell as you are.

16 “Woe to you, blind guides! You say, ‘If anyone swears by the temple, it means nothing; but anyone who swears by the gold of the temple is bound by that oath.’ 17 You blind fools! Which is greater: the gold, or the temple that makes the gold sacred? 18 You also say, ‘If anyone swears by the altar, it means nothing; but anyone who swears by the gift on the altar is bound by that oath.’ 19 You blind men! Which is greater: the gift, or the altar that makes the gift sacred? 20 Therefore, anyone who swears by the altar swears by it and by everything on it. 21 And anyone who swears by the temple swears by it and by the one who dwells in it. 22 And anyone who swears by heaven swears by God’s throne and by the one who sits on it.

23 “Woe to you, teachers of the law and Pharisees, you hypocrites! You give a tenth of your spices—mint, dill and cumin. But you have neglected the more important matters of the law—justice, mercy and faithfulness. You should have practiced the latter, without neglecting the former. 24 You blind guides! You strain out a gnat but swallow a camel.

25 “Woe to you, teachers of the law and Pharisees, you hypocrites! You clean the outside of the cup and dish, but inside they are full of greed and self-indulgence. 26 Blind Pharisee! First clean the inside of the cup and dish, and then the outside also will be clean.

27 “Woe to you, teachers of the law and Pharisees, you hypocrites! You are like whitewashed tombs, which look beautiful on the outside but on the inside are full of the bones of the dead and everything unclean. 28 In the same way, on the outside you appear to people as righteous but on the inside you are full of hypocrisy and wickedness.”

Had Jesus spoken this truth to power from the gallery of the Missouri Senate on May 6, 2014, He would stand today with the Medicaid 22 as a convicted trespasser.

(Photo from Missouri Faith Voices)

The Politics of Nostalgia

Posted on by
Reply

Robert P. Jones, the former Missouri State University psychology professor who now heads the Public Religious Research Institute, looks at many of the issues that (in your observer’s view) divert the attentions of lawmakers away from solving infrastructure, education, and social problems by trying to preserve the diminishing influence of their religion in his book, The End of White Christian America.

The PRRI has identified attitudinal splits that point to an ongoing diminution in the influence of WCA that for most of this nation’s history was “the prominent cultural force.”  The survey has found 53% of Americans think our culture has gone downhill since the 1950s.  But Jones says there is a “stark cleavage” by race and religion.  Seventy-two percent of evangelicals believe in the cultural slippage.  Fifty-eight percent of mainline white Protestants and white Catholics agree.

However, fifty-nine percent of Hispanic Catholics think our culture has improved. And sixty-three percent of the growing numbers of Americans with no religious affiliation and fifty-five percent of African-American Protestants agree with them.

Jones says the latter groups will more future influence in the shaping of our country than mainline and evangelical Christians.  “For the first time in more than five decades, an appeal to a sentimental version of midcentury heartland America is not a winning political strategy,” he writes, taking a long-term view—but not a VERY long one.  He says that political movements still clinging to the “sentimental” view of midcentury America—including the Tea Party—are engaging in “the politics of nostalgia.”

Jones thinks today’s religion/politics blend began with the Republican Southern Strategy that appealed in sixties to southern Democrats upset with their party’s support of civil rights initiatives.  He recalls Richard Nixon in 1968 made a deal with Senator Strom Thurmond to stall various civil rights efforts and although the plan was short-circuited by Watergate, the alliance caught fire when former Georgia Governor Jimmy Carter became president in 1976 and many southerners hoped this born-again southern Christian Baptist Democrat would favor their agenda. But they were disappointed when he did not.  Jones thinks this disappointment on which conservative religious leaders such as Jerry Fallwell capitalized turned a Republican political strategy into a White Christian Strategy in which Republicans saw an advantage to be had.  He says the White Christian Strategy was important in putting Ronald Reagan in the White House and Reagan supported it.

He says that strategy weakened in the first decade of the present century but has found new life in the Tea Party movement.  He points to a PRRI survey that shows the Tea Party is more closely aligned with the Christian Right than it is with the Libertarians, as some of its leaders claim.  In fact, a 2013 survey showed 61% of Libertarians did not consider themselves part of the Tea Party movement and 52% of Tea Party members said they were “part of the Religious Right or Christian conservative movement.”

Jones also notes 55% of Tea Party members agree this country is a Christian nation while only 39% of the general population holds that view.  He calls the Tea Party “a late-stage expression of a White Christian America that is passing from the scene.”

He also points to research showing that seventy-three percent of the electorate in 1992, when Bill Clinton was elected, was white and Christian.  That group comprised only fifty-seven percent of the electorate twenty years later and is expected to be down two more points this year and drop to fifty-two percent in 2020. At this rate, he forecasts, 2024 will be the first election in national history in which white Christians do not cast the majority of votes.   That’s bad news for Republicans who (the surveys in the book indicate) rely on voting coalitions that are eighty percent white Christians.  By contrast, only thirty-seven percent of the voters who re-elected President Obama four years ago were white Christians.

In short, he infers, the Republican coalition faces a dim future.  One factor that he has identified facing Republicans is the religiously unaffiliated population—young people who, according to an evangelical poll, have pulled away from “present day Christianity” because they see much of it as being anti-gay, judgmental, and hypocritical.  And they’re pretty firm in those opinions.  Eighty-five to ninety-one percent feel that way.

Jones cites Russel Moore, the leader of the Southern Baptist Convention’s Ethics and Religious Liberty Commission, who has suggested it is time for Christians, as Jones puts it, “to relinquish their status as defenders of a lost consensus” (on such things as gay marriage) and “rally around a more limited movement to maintain their traditional view of marriage within their own communities.”  Jones says Moore’s position is a beginning of the “religious liberty” movement that “individuals should be able to carry religious objections from their private life into their public roles as service providers, business owners, and even elected officials.”   He refers to the movement as “a desperate attempt to fight the lost war by other means.”

Jones also looks at the rise of the Black Lives Matter movement, desegregation of churches and of communities, racial justice (“why is desegregation so difficult?” he asks), and other factors on which WCA is divided and trying to maintain old values in a world that is creating new ones.

So what’s the answer?   He digs into Elizabeth Kübler-Ross’ On Death and Dying: What the Dying have to Teach Doctors, Nurses, Clergy, and Their Own Families, published in 1969.  She identifies the five stages of grief that people go through when facing an end: denial, anger, bargaining, depression, and acceptance.  Jones says those stages are useful in understanding what is happening with White Christian America, both mainliners and evangelicals.  In his forty-page final chapter, he examines how both branches of WCA are dealing with those five stages.

Jones says mainline Christians are moving—although not smoothly—toward “a distinctive theological and ecclesiastical vision, driven by the need to come to terms with the death of White Christian America,” while evangelicals are divided. One branch acknowledges “their vision of a robust white evangelical world will have to be tempered” while still resisting “the full implications of its demise.”  He cites Baptist minister and professor of Christian ethics David Gushee, who appeals to evangelicals to abandon “past conspiracy theories, demagoguery, single-issue voting, partisan seductions, mudslinging, and God-and-country conflations and confusions” and to take part in a fully pluralistic society without being tempted to reach for (as Jones puts it), “domination and sectarianism, each of which is driven by nostalgia for a lost Christian America.”

Jones sees a future for Christianity in shaping the character of our country.  But he says it must recognize its past failings and its new possibilities in a world that will be shaped by today’s younger generation.

As National Catholic Reporter writer Maureen Fiedler put it last month, “Welcoming racial and religious diversity is now a political imperative as well as a religious calling.” (https://www.ncronline.org/blogs/ncr-today/end-white-christian-america)

After reading this book, we think we understand the trends that have led the Missouri legislature’s majority to become embroiled in some of the hot-button issues it spends too much time working on while ignoring greater issues that affect the lives of our population as a whole.  But we also realize it is unrealistic to think that this year’s elections will produce any significant change in the attitudes of our Missouri lawmakers.   Jones’ book suggests there is hope for an eventual realization that resisting the coming changes to our society out of a “nostalgia for a lost Christian America,” rather than focusing on shaping those changes in a positive and inclusive manner, might be politically profitable in the short run but sad and wasted effort in the face of inevitability.

Depending on your faith perspective, you might or might not enjoy reading this book.  But we think it will add a dimension to your understanding of where we are, where we’ve been, and where we are going, particularly in the proposed laws we’re likely to see in the legislature next year.

Robert P. Jones, The End of White Christian America, New York, Simon & Schuster, 2016.  309 pages.

This might explain some things we see

Posted on by
Reply

Your traveling correspondent read the obituary when he dropped in at the Between The Covers bookstore in Harbor Springs, a northwest lower Michigan community, a few days ago.  A former college professor from Springfield—a city considered one of the buckles in the Bible Belt—had written it.

“After a long life spanning nearly two hundred and forty years, White Christian America—a prominent cultural force in the nation’s history—has died.  WCA first began to exhibit troubling symptoms in the 1960s when white mainline Protestant denominations began to shrink, but showed signs of rallying with the rise of the Christian Right in the 1980s. Following the 2004 presidential election, however, it became clear that WCA’s powers were failing.  Although examiners have not been able to pinpoint the exact time of death, the best evidence suggests that WCA finally succumbed in the latter part of the first decade of the twenty-first century.  The cause of death was determined to be a combination of environmental and internal factors—complications stemming from major demographic changes in the country, along with religious disaffiliation as many of its younger members began to doubt WCA’s continued relevance in a shifting cultural environment.”

the end of WCA

There was more to it but you’ll have to get Robert P. Jones’ The End of White Christian America and read it yourself.  Jones was a psychology professor for more than a decade at Missouri State University in Springfield before becoming the CEO of the Public Religion Research Institute.  He has a Master of Divinity degree from Southwestern Baptist Theological Seminary and a doctorate in religion from Emory University.  His bio note on the PRRI website says he specialized in the sociology of religion, politics and religious ethics during his doctoral work.  He does a column online for Atlantic magazine and is often heard on NPR’s Interfaith Voices news magazine program.

Readers of his book might see some explanations for some of the stuff that’s been going on in Missouri’s legislature in recent years.  In short, Jones suggests (although not specifically) such things as the personhood amendment proposal, the proposal this observer called the Wesboro Amendment during the last session, the constant efforts to make a legal medical procedure harder and harder to obtain, and other issues are efforts of a weakening White Christian America to preserve in law what it can no longer control from the pulpit.

Jones says WCA has two branches, “a more liberal mainline Protestant America headquartered in New England and the upper Midwest/Great Lakes region and a more conservative evangelical Protestant America anchored in the South and lower Midwest/Ozark Mountains region.”   But there’s more to the distinction than geography.  He sees the two branches as divided on social class and their perspectives on race relations.  “Their differences are rooted in disagreements over fundamental tenets of theology, approaches to diversity, and accommodations to the modern world and science,” he says. The divide widened in the 1920s as some Christians saw the Bible and evolution as compatible, a position that “horrified” Protestant Fundamentalists who saw the Bible as true in all regards.  He argues that the differences between Modernists and Fundamentalists created a wound that would not heal and created a “fault line” between what is now considered mainline and fundamentalist Christianity and a subsequent fight for control of “the symbolic capital of Christianity.”

It was mainline Protestants, he writes, who led to progressive social change in the last half of the Twentieth Century—the establishment of the United Nations and its declaration for international human rights, and United States civil rights laws among other things.  Mainline Protestants, he writes, by mid-century were leaders in government, education, business, and cultural affairs.

But mainline Protestantism began to weaken and the Evangelical Protestants moved to become “the face of White Christian America,” becoming the “dominant cultural voice” that constituted a “Moral Majority” in the 70s “to protect a distinctly Protestant Christian” nation.”

However, the nation was changing socially, politically, and demographically, leading to the election of the nation’s first non-white president, the creation of a non-Protestant Supreme Court (six Catholics and three Jews), a Census Bureau prediction that this country would no longer be a majority white nation by 2050, and increasing numbers of people who, when asked their religious preference, replied “none.”

Jones cites sociologist Nathan Glazer suggesting White Christian America is facing a future in which it tries to preserve its social values, or a future in which it integrates into “the new American cultural landscape.”

Jones suggests some of the things we are seeing in government and in other parts of our lives is the result of the first choice when, he maintains, the second choice inevitably will have to be made if White Christian America is to be relevant in an age when the nation is no longer majority white and increased numbers of Americans are “nones.”

He cites a 2014 study by his organization, PRRI, showing the proportion of white Christians in this country was already at 47% while the number of Americans with no religious affiliation was up to 22%.  Another 24% were non-white Christians.  A closer look at the numbers shows a generational shift.  About 70% of older Americans are white Christians. But only about thirty percent of young adults (18-29) fall into that category.  The change in the social and religious structure of this country is well underway meaning, “Falling numbers and the marginalization of a once dominant racial and religious identity—one that has been central not just to white Christians themselves but to the national mythos—threatens white Christian understanding of America itself.”

Further studies show Protestants have not been in the majority in this country since 2008.  And the percentage of Catholics and those who are unaffiliated are about the same—22% each. The 2014 study showed those identifying themselves as white Protestants dropped from 51% to 32% in two decades.  Black Protestants stayed at about 10% while Hispanic Protestants increased and reached four percent.  And the decline in the white Protestant category involves both mainliners and evangelicals.  He points to the precipitous decline of the nation’s largest evangelical Protestant denomination, the Southern Baptist Convention, which operates the seminary where he got his first graduate degree.  The conclusion?  “White Protestant Christians—both mainline and evangelical—are aging and quickly losing ground as a proportion of the population.”

Jones argues these declines have forced the two branches of WCA to seek alliances, often with other groups that had been unwelcome in their brotherhoods previously. The mainline has moved toward ecumenicity with African-American Protestants and Eastern Orthodox Christians, for example.  White Evangelicals have turned to conservative political movements and unofficial alliances with conservative white Catholics and some Greek Orthodox leaders on certain issues such as abortion and same-sex marriage.

So now we can begin to understand the roots of some of the things we are seeing in our political campaigns and in the General Assembly of Missouri.

The alliances have shifted.  Mainline White Christians were more likely to dismiss fears that John Kennedy would take orders from the Vatican if he was elected.  Jones notes that mainliners and Catholics marched together in the Civil Rights era while white evangelicals, with stronger southern roots, “stayed largely on the sidelines.”

Jones thinks Bill Clinton’s election led Republican leaders to reconsider political strategies.  White Protestant evangelicals, more closely aligned with Republicans, put aside their reluctance to work with Catholics at the same time white conservative Catholics who had seen their church becoming ethnically transformed and politically divided, moved to increase their social and political power. Republican leaders realized they could move Catholics who had been loyal Democrats since the days of FDR away from the Democratic Party by focusing on abortion, especially since the Democrats had refused to support an anti-abortion amendment.  These formerly unlikely bedfellows drafted a statement in 1994 called “Evangelicals and Catholics Together.”

Jones writes that this alliance in recent years has produced the Religious Freedom Restoration movement to allow companies to opt out of Obamacare for religious reasons, and to launch a manifesto last year against same-sex marriage.

And what has this alliance produced?  Jones says, “It helped give evangelicals an advantage in their contest to be the face of White Christian America.  And as the overall numbers of white Protestant Christians began to slip in the late 1990s, expanding the tent to include white Catholics helped perpetuate the illusion that White Christian America was still the country’s dominant religious culture.”

Illusion, says Jones, because the Catholic Church is slipping, too.  Twenty-two percent of the American population in 1990 identified itself as Catholic.  By 2014 that number was down to thirteen percent, and an even greater percentage of the population today—FIFTEEN percent—identifies itself as former Catholics.

He asserts the tide is running against the Evangelical-Catholic alliance that is such an influence in American politics, and for the purposes of our discussion here, in the Missouri legislature.

We have highlighted only the first eighty pages or so of Jones’ book to try to present a far less-detailed explanation of the roots of Missouri’s political structure than you will find if you read the book.  We think our understanding of contemporary Missouri politics and governance is much better because he has closely examined the demographic changes that are affecting our social, political, and religious lives.

But Jones does more than detail the movements that have put us where we are today.  At the end, he assesses how WCA can remain a powerful influence on American culture in an increasingly diverse country.

His book’s title speaks of “The End,” but he suggests the future of White Christian America as a social and political force will be shaped by the process we go through when facing death.  That’s a subject for another entry.  This one is long enough.

If you are in Missouri politics, an observer of Missouri politics, a Christian, Catholic, Orthodox, Mormon, Muslim—whatever—we think your understanding of national and state politics can be improved by reading this book.  And, particularly, if you are a candidate or an incumbent office-holder, you might find helpful his call to abandon “The Politics of Nostalgia”—and begin building a more positive and inclusive political system—as you assess what you are and what you are doing, and shaping what you want to be.

Robert P. Jones, The End of White Christian America, New York, Simon & Schuster, 2016.   309 pages

The bobpriddy.net M8B poll

Posted on by
1

It’s time to assess the outcomes of the August primary and see if we can forecast the results in November.  First, let’s take a look at the legislature and the contests that shape up after the primary.

The Missouri Senate started the 2015-16 session with 25 Republicans and 9 Democrats.

Going into the November election, Democrats are guaranteed six seats. Republicans will have 18.    Five of the ten seats are OPEN because of term limits or resignations.  The Joseph Keaveny seat is likely to stay in the D column, meaning that before the November election, D’s will have 7 seats, R’s will have 18 with nine seats in play.

Two of the nine seats in play are held by or were held by Democrats (Sifton and Levota).  If the D’s hold on to those seats, both in the Kansas City metro area, they will be up to nine.  The Senate then will be 25-9.  If we assume Sifton will win re-election and the Democrats hang onto the vacant LeVota seat, they will need to pick up three Senate seats to end the two-thirds majority.

We are acutely conscious in saying this of one of the first rules hammered into our heads by our School of Journalism professors: “Never assume a damned thing.”  But we have to start somewhere in this discussion so we are offering a technical assumption that is not to be considered part of the public record.

Other open seats:

Senator Eric Schmitt of Glendale in St. Louis County is giving up his distinction of being one of the tallest people to ever serve in the state senate, if not THE tallest (see http://blog.missourinet.com/2014/04/04/bmis/ for a learned discussion of the matter) to run for State Treasurer.  Stephen Eagleton, a Kirkwood activist who lost to Schmitt eight years ago, has won the Democratic primary. He’s a nephew of former U. S. Senator Thomas Eagleton.  He’s opposed by state representative Andrew Koenig, who defeated fellow Rep Rick Stream in the primary. The district has been Republican.

Senator Kurt Schaefer of Columbia didn’t come close to carrying his home county against fellow Boone Countian Josh Hawley in the Attorney General’s race a few weeks ago although his 41% in the county was better than his 36% statewide.  He’s gone from the Senate because of term limits anyway.  Two state representatives will square off to see who succeeds him: Democrat Stephen Webber and Republican Caleb Rowden.  The seat was Democratic before Schaefer took it.

Term limits has robbed Warrensburg-area voters of their chance to keep popular Senator David Pearce for another term.  Lafayette County mediation lawyer ElGene Ver Dught, who lost to Pearce four years ago, is back for another try. He’ll face Republican Representative Denny Hoskins.

Other contested seats (Some senatorial districts have Libertarian candidates opposing a major party candidate but we’ll wait for a Libertarian-label candidate to be more than token opposition before we move districts in which they are the only opposition to make our list of “contested districts.”):

Senator Ryan Silvey, who comes from the northern part of the Kansas City metro area, is facing Democrat J. Ranen Bethtold who has attracted support from Joplin industrialist David Humphreys, who normally pours a lot of money into Republican campaigns. Apparently, Silvey ticked off Humphreys because he refused to support his party’s attempt to override Governor Nixon’s veto of the anti-union bill that would let people be represented by unions without paying them any dues.  Silvey has a lot of labor people in his district but Humphreys is big on right-to-work.

The seat given up by Senate President pro Tem Tom Demsey of St.  Charles when he went to work for a Sinquefield group will be a fight between Bill Eigel, a right-to-work supporter who defeated Representative Anne Zerr in the Republican primary, and Democrat Richard Orr, a right-to-work opponent who thinks Republicans are meddling with the Conservation Department.

Former Congressman Bill Burlison, who represented southeast Missouri for a dozen years, had no challengers in the Democratic primary and will face Republican incumbent Doug Libla.

Senator Wayne Wallingford, a Republican, hopes to win a second term from his Cape Girardeau-area district. He’s opposed by retired truck driver Donnie Owens who lost to Jason Crowell twelve years ago.

Could Republicans lose their super-majority in the Senate?   We asked our Magic 8 Ball and it said, “Very hazy. Try again.”   So we asked again and it said “very doubtful.”  But might Democrats gain a seat or two that at least gives them more filibuster muscle?   The Magic 8 Ball said, “No” three times.

Of course, the Magic 8 ball was answering the question in August with plenty of time to change its mind.

The House:

This year, Republicans controlled the House 116-45 with one independent.  The 117th member of the House, Don Gosen, resigned in February and has not been replaced in a special election. Republicans had a seven-vote cushion for their two-thirds majority (they need 109 for two-thirds of the membership).

All 163 seats will be elected this year.   After the August primary, only 65 seats have Republican-Democrat contests.

Going into November, Republicans are guaranteed 66 seats. Democrats are guaranteed 32.  To break the two-thirds super majority in the House, Democrats must win 23 of the 65 contested seats.  To move into the majority in the House, they would have to take fifty of the 65 contests.

The Magic 8 Ball is pretty confident the House will stay two-thirds Republican after November. We asked if Democrats will win at least one-third of the seats in the Missouri House and it responded, “My Sources say no.”  Three times.

Just for the record, the 8 ball’s signs say Chris Koster will be elected Governor.

Lieutenant Governor?  “Ask me again later?” said Eight.  “Real hazy, try again,” it said when we did.  Finally it said Russ Carnahan’s outlook is “good.”

Secretary of State?  Will the name Ashcroft carry some weight that it didn’t in a state senate election two years ago?   “It is decidedly so,” said 8B.  Just to test it, we asked if Robin Smith would win office this year and it wanted to be asked later twice before finally saying, “Cannot predict now.”  So we’ve put that race in the “leaning” Ashcroft category.

B’s sources say Judy Baker will not become Treasurer.  But at the same time it is “very doubtful” that Eric Schmitt will be elected this year.  For now, we will put this one in the toss-up category.

The black ball of knowledge says the “outlook is good” that Teresa Hensley will become Attorney General.  Asked about Josh Hawley, it said his “outlook (is) not so good.”

And the biggie:  Will Jason Kander beat Roy Blunt.  The ball thought long and hard about this one.   “Really hazy, ask again,” it said.  So we did. “Concentrate and ask again,” it said.  So we thought real hard and got “Ask again later.”

A good reporter will never let the Mystery 8 Ball straddle a fence (not sure how a ball can do that anyway) so we asked again.

“Outlook good,” it said.

Are you sure?

“Outlook good,” it responded.

So Jason Kander is going to beat Senator Blunt?

“Most likely.”

And it repeated it three more times.

Oh—for the record, the “outlook is not so good” for Hillary Clinton to beat Donald Trump.  We didn’t ask if that’s the national answer or just whether the M8B is thinking only about Missouri.

So there you have it.   The bobpriddy.net poll.   Of course, you should remember that any poll is only a snapshot of conditions at the time it is taken and many thing scan change.  We have a long way to go and the M8B’s opinions might change as conditions change.

We don’t know what M8B’s margin of error is.  When we asked, it said,

“Outlook not so good.”

But it was pretty confident in its response when we asked it again.

 

Activist Judges

Posted on by
Reply

—-is a phrase for losers.

Senate leader Ron Richard is whining about “activist judges” on the Missouri Supreme Court who have ruled the Senate violated the Missouri Constitution in overriding Governor Nixon’s veto last year of a bill that makes Missouri one of the least sympathetic states in the nation for people who lose their jobs.

Richard accuses the majority judges in the 4-3 opinion of “overstepping…constitutional authority” in ruling that it was the Senate that overstepped its constitutional authority.

It is easy and all too common for losers to throw around the kind of charges against the court system that Richard throws around.  But sorting out what the constitution means is not done recklessly by the court system and a reading of the majority and minority opinions outlines that difficulty.  The 4-3 vote that takes 28 pages to explain is indicative of the struggle courts go through to determine the meaning of the law.

Implying that the outcome is the result of “activist judges” is a cheap shot easily fired and easily accepted by a general public that seldom cares, as it should, about the difficulty of establishing the specific parameters that a general law originates.  Legal opinions are hardly bodice-busting stories of passion that rivet readers to the printed page, but reading them is something more of us should do especially when the losers blame others for their faults.

Here’s what happened:

In 2015, Richard’s party that controls the legislature passed House Bill 150 that says a person who loses his or her job when the unemployment rate is low will only get thirteen weeks of unemployment benefits.  If, however, that person has the good fortune to lose his or her job when the rate is above six percent, the state will provide twenty weeks of help.  Either way, the legislature wants Missouri to be among the chintziest states when it comes to paying a paltry amount of unemployment benefits.  Governor Nixon notes our benefits rank 43rd out of all fifty states.  Even a return to twenty weeks of benefits puts Missouri a full six weeks behind the national average.

But being behind the national average is not an uncomfortable positions for Missouri’s legislators.

We have wandered.

The legislature passed the bill early enough (April 21) that it would have a chance to override a Nixon veto if there was one.  The legislature went to great effort a few years ago to enact such a system.  It wanted time to override budget vetoes and withholdings before the start of a new fiscal year on July 1.

Nixon vetoed HB150 on May 5.  The House overrode the veto on the 12th.  But the Senate frittered away the last three days of the session and didn’t take an override vote.   But during the September session that is held annually to consider overrides of bills vetoed after the regular session or vetoed too late to be overridden in the regular session, it overrode the HB150 veto.

The majority of the court has ruled that the Senate lacked the constitutional authority to override the veto in September.  The three judge-minority reads the same section of the state constitution in a different light.

This fact is unchallenged:  The court would not have been put in this position if the Senate had done its job in the closing days of the 2015 session.  Senate leaders—Richard and Majority Floor Leader Mike Kehoe–conveniently overlook that little issue in criticizing the court for doing what it has had to do.  And what it had to do is—something.

Richard also fumes that the court “tramples on the respect for a co-equal branch of government demanded by our constitution,” and he continues, “The legislature is the voice of the people of Missouri and with today’s decision the Court has substitute its own voice for theirs.”

That kind of talk is oh, so tiresome.  On one hand he speaks of a co-equal government and in the next line he suggests that the legislature should not be challenged by one of those co-equal branches.  Courts are valuable things to have when legislatures move from being the “voice of the people” to being “the voice of SOME people.”

“Activist judges” is a phrase for those who, in the end, have failed to justify their positions within the law. Their legal arguments ultimately are unable to convince four people of their correctness. In fact, the cases going before the Missouri Supreme Court often involve far more than seven men and women in Jefferson City.  By the time those four “activists” make the apparently final ruling,  other “activist” judges have evaluated an issue on the basis of law all the way back to a municipal or circuit judge, perhaps.

But the case might not have begun there.  The evaluation of the issue—under the law—might have started with a city council vote in which “activist” council members, maybe as many as two, make a policy.  Or perhaps it began with legislators passing a bill, as in this case. Perhaps the issue began with one “activist” who financed a petition effort approved by voters that gave him or her a preferential right or privilege not to be enjoyed by others who are in our system equal under the law.

In each instance, the issue has been reviewed, weighed, and decided.  Arguments and counter-arguments have shaped the issue at increasingly higher levels of scrutiny.

Perhaps it is time for judges accused of being “activist judges” to say something.  Maybe it should be something like:

Thank you for the compliment.  Thank you for recognizing the role we play in our political system.  Thank you for recognizing that we are called upon to decide—to act. We have done what you demanded that we do–to take action. The alternative to taking action is to passively accept without argument a position placed before us and we realize that is not what our justice system is about. Although we might differ among ourselves, we have acted. In a nation that places faith in the judgment of a majority, we have kept that faith. Too bad it didn’t go your way.

Judges are called upon to be activists.  Somebody has to decide.  A judge who won’t act doesn’t meet the responsibility of the title.  So it is that the cheaply-uttered epithet “activist judges” is—unfortunately for those who readily hurl it after their own failures to justify their attitudes and positions—a compliment to those who have done the job we expect them to do.

There are plenty of countries where neither citizens nor judges are allowed to be activists.  You don’t want to live there.

Notes from a Quiet Street—V

Posted on by
1

Just some observations when we’re not feeling real bloggity.

The words of Alfred Damon Runyon, 1920s New York newspaperman, seem appropriate to recall in this important political campaign year and form this entry’s scripture reading.

“Son,” the old man said, “as you go around and about in this world, some day you will come upon a man who will lay down in front of you a new deck of cards with the seal unbroken and offer to bet he can make the jack of spades jump out of the deck and squirt cider in your ear.   Son,” the old man continued, “do not bet him because as sure as you do, you are going to get an earful of cider.

—-

Our tour bus stopped at an intersection a few days ago and we spotted this interesting juxtaposition of signs, grabbed our camera, and caught the image just in time.

DSC05936

The signs struck as kind of funny, particularly given the political climate here and the overt efforts by the Humphreys and the Sinquefields to buy elections.  We thought we might congratulate the Alaskans on their candor but then realized the signs were at a parking lot next to the legislative building and it was the parking that was soliciting money.  Yes, the capital city is Juneau but the legislative building is in Anchorage and there are times when the Governor doesn’t want to live in Juneau and the legislature doesn’t want to meet there.

But the signs did make us think.

—

Fun times are about to start in Cleveland

Donald Trump is holding a nominating convention in Cleveland in a few days.  The Republican National Committee arranged the dates and the venue and the delegate selection process.   It did not, however, arrange for Donald Trump and that’s why this could be the most entertaining national convention in years.

Conventions have degenerated into carefully orchestrated infomercials but this year the orchestration has turned severely dissonant.  We might actually watch this convention.

—

Governor Nixon has withheld $115 million dollars approved for spending by the legislature after getting a look at state tax collections and deciding they’re not trending in the right direction to support that spending.  Several legislative leaders have done some huffing and puffing about the action.  We’ll see in September if they want to take the responsibility that will go with overriding the vetoes. The problem with overriding the withholds is that the legislature will bear the sole responsibility if the economy continues to struggle and there really isn’t money available to pay the bills. But so what? By then, there will be a new governor and the legislature will have a lot of new faces so it will be THEIR problem.

—

Overriding the withholds might not mean much other than the legislature saying, “It’s okay to spend the money.”   The Governor can still tell his department directors to be guided by his withholds.  By January, 2017, his successor will have a better handle on the fiscal outlook to decide whether to give his department directors the same message.  Overriding governor’s spending restrictions then amounts to little.  Legislative grandstanding, maybe.

—

We’ve been kind of quiet for the last few days being increasingly unimpressed by the political commercials we’re seeing.  They either have no real substance to them or they’re pitchforks-and-broadswords and show no qualities that encourage many disaffected voters to have any increased confidence that we have or will have a rational government in Missouri.

—

The real reason we haven’t had much to say is because we’re trying to figure out what we can say about our two weeks (more or less) in Alaska. Most of those who have taken a look at the place find themselves lacking adequate superlatives to describe what they’ve experienced and witnessed.

DSC05752

Denali, from forty miles away.  The highest mountain in the United States. Some people still call it Mt. McKinley.  As impressive as Denali is, remember this:  Everest is about fifty percent bigger.                                                          —-

We passed through Wassilla.  Saw the former Sarah Palin place.  The only things visible from her house are the railroad tracks, a shopping mall, and a whole lot of trees. We were told she lives in Arizona now.  We wonder if she can see New Mexico from there.

See Spot(s) Run

Posted on by
Reply

Your faithful observer is starting to see spots before his eyes.

“Spots” is broadcast-ese for “commercials.”  Political commercials.  Most particularly, Republican candidates for governor.  Three of them were almost cheek-to-jowl in one of the late night shows the other night.

The timing of two of the commercials was—uh—awkward, shall we say?

Only about forty-eight hours after the Orlando incident, Eric Greitens was blowing up something with (what appears to these eyes unfamiliar with weapons) a military-style assault rifle.  His solution to politics-as-usual is to fire about 13 shots in two seconds until something he is shooting at explodes.  Some folks we have talked think it was poor manners to continue running these spots in the immediate wake of the Orlando tragedy.

Catherine Hanaway uses a shotgun to also blast “career politicians” while touting the mom, home, and apple pie virtues and claiming that she “passed” a law expanding gun rights (to be honest, SHE didn’t pass it, the legislature did). And the question arises with her commercial too—whether it was poor taste to brag about expanding gun rights in the wake of Orlando. It might seem odd to some that she criticizes career politicians after a career that began as a manager of Senator Bond’s campaign in northeast Missouri in 1993, election to the Missouri House in ’98, her extensive work recruiting candidates and donors to help Republicans gain control of the House, her term as Speaker, her losing candidacy for Secretary of State in 2004 and her subsequent political appointment as federal prosecutor in eastern Missouri under the George W. Busch administration.

Compared to those two is John Brunner, who so far has advertised nothing more than his promise to create more jobs and an emphasis that he’s so rich he “can’t be bought.” We’ll wait to see if he shows anything indicating he has something else to offer or any specifics about how he can create more jobs in a state where the unemployment rate is just above four percent, a figure that fits several definitions of “full employment.”

We didn’t see a Peter Kinder spot while Greitens, Hanaway, and Brunner were hoping late night viewers would find something significant in guns and generalities.  But he had been on the air earlier attacking the unmitigated evils of the Left, which is nothing new for him.

Perhaps the candidates will tell us in spots to come what they’ll do to solve Missouri’s problems—poor school funding, poor transportation funding, medical care and mental health services, whether they think significantly higher sales taxes are preferable to a graduated income tax, stuff like that requiring more than platitudes, diatribes, and firearms.

The campaigns by Hanaway, Brunner, and Greitens blasting career politicians certainly seem targeted at Kinder, who has been in office either as a Senator or Lieutenant Governor since 1993, the year that Hanaway became a campaign worker for Senator Bond.

Another spot thrown into the mix during that late night show regurgitates attack ads from Brunner’s 2012 Senate race, accusing him of not paying some taxes on time, setting up offshore tax-avoiding accounts, and refusing to make his tax returns public. The spot is backed by one of those character-assassinating super-PACS that lacks the courage to be honest about who is giving it money.   In this case, it’s something called LG-PAC.

Brunner admitted four years ago he and his company missed some payment deadlines.

And for an outfit that won’t reveal the source of its funding for this kind of advertising smears to criticize someone for considering his personal tax returns a private matter—and would YOU want your tax return made public?—is, to say the least, blatant hypocrisy.

LG is an organization that does have to tell the Internal Revenue Service who its donors are.  But Joe Mannies with St. Louis Public Radio, one of the state’s top and long-time political reporters, says the report apparently doesn’t have to be filed until after the August primary.  And don’t bet that LG will be willing to reveal what IT files with the IRS.

So what is LG-PAC?  Several reporters have tried to find out.  It’s registered with the Federal Elections Commission, not the Missouri Ethics Commission, although it is spending money on a state race.  It’s run by Kansas Citian Hank Monsees.

A check of its website indicates it has Brunner, Hanaway, and Grietens in its sights.  But it also has a picture of a smiling Kinder and a link to a newspaper article about one of Kinder’s positions.  Kinder disavows any knowledge of LG’s leanings although the webpage seems to tilt his way.

Scott Faughn at the Missouri Times has reported the outfit’s bank is located in Virginia and has no branches in Missouri.

LG isn’t alone is this swamp.  Mannies also notes American Bridges, which admits its largest contributor is financier George Soros, is most likely to support Democrats and liberal policies.  It’s targeting Senator Blunt.  Blunt, on the other hand, has Karl Rove’s One Nation Super PAC, which already has announced big spending on his behalf. Not connected to the Blunt campaign, of course, but it is unlikely to say anything nice about Blunt’s challenger, Secretary of State Jason Kander.

Another one is called Missouri Rising, an arm of America Rising. It already has done some anti-Chris Koster stuff.

The Missouri legislature and the United States Congress could expose who’s too gutless to openly admit supporting this kind of campaigning that only further weakens public confidence in the election and governmental process.

But gutless birds of a feather flock together. And neither the legislature nor the Congress wants to disturb gutless geese that lay golden eggs.

Tearing up the Senate

Posted on by
1

Work crews have started tearing seats out of the place where visitors to the state Senate have watched floor activities since 1919 so the Senate can get those pesky reporters farther away from being able to see and hear what is going on. Or not.

20160525_135451

Seats installed during the restoration of the chamber in 2001 were stacked along a fourth floor hallway wall when we dropped by the other day.  We haven’t heard what will be done with them although it seems the most sensible thing would be to store them somewhere safe so they could be put back in place when a less-vindictive mood runs the place.  We won’t rehash what that’s all about here.  We’ve flailed at that subject in earlier entries that you can find in the archives.

We have preserved a historic moment in this process—the last time (for now, we hope) that members of the Capitol press corps were allowed to sit at what has been the press table since the earliest days of the building.

senate press table2

That’s Bob Watson of the Jefferson City News Tribune, the senior Senate reporter, in the blue suit on the right.  Summer Ballentine of the Associated Press is on the other side of the table, in the orange jacket.   Most of the others are Senate staff members except for the fellow next to Summer.

That’s Senate President Pro Tem Ron Richard, who decided earlier this year that people such as Bob and Summer are so undeserving to cover the Senate from that table anymore that the Senate will spend $12,000 for each of the ten positions around the table to move them and their colleagues to the gallery on the other side of the chamber.

Senator Richard lectured his colleagues during the session about honoring Senate traditions and rules.

One of the Senate rules is that Senators will not sit at the press table when the Senate is in session.  We think it was in session when this picture was taken.  Majority Floor Leader Mike Kehoe was in the Chair.

Will the Senate behave any better or any worse now that the scourge of the Press is removed from its sight?   Will the reporting of the actions of the Senate be better or worse because reporters now will occupy space where spectators have been able to sit for 97 years?

senate press table3

The first test will come during the September veto session.  It would be good, however, for the Senate to remember that the Press might now be out of sight—-but it shouldn’t be out of mind.

 

 

A religious experience, not a crime

Posted on by
Reply

We’re going to wade into the murky waters of religion and politics today in search of reason and logic.

We’ve had some time to mentally chew on Representative Tila Hubrecht’s thought in the waning days of the legislative session that a pregnancy resulting from a rape is a “silver lining” from God. All kinds of liberal thinkers and organizations have jumped all over her assertion made during House debate on the bill saying a woman’s egg is a person just a soon as a man’s sperm hits it even if the circumstances leading to the presence of the sperm are violent. The bill passed the House but didn’t have enough time to cause trouble in the Senate before adjournment.

The personhood bill did not contain the usual exemptions that allow abortions in cases of rape, incest, or to protect the life of the woman. “It’s not up to us to say, ‘No, just because there was a rape, they cannot exist,’” Rep. Hubrecht said, the “they” referring to a person created by the sperm and egg. “Sometimes bad things happen—and they’re horrible things, but sometimes God can give us a silver lining through the birth of a child.” And she added, “When God gives life, he does so because there’s a reason, no matter what. I’ve met and talked with the different people who have been conceived by rape. There is a reason for their life.” We were not there when she said those things so we don’t know if she gave examples of the reasons for those lives.

She apparently is not alone in her feelings in the Missouri legislature and elsewhere. The Charleston Gazette in West Virginia reported about the same time that Delegate (that’s what they call Representatives in West Virginia) Brian Kurcaba said during a committee hearing, “Obviously rape is awful. What is beautiful is the child that could come from this.”

In Indiana, U. S. Senate candidate Richard Mourdock said in 2012, “I think that even when life begins in the horrible situation of rape, that is something that God intended to happen.” Mourdock lost his race.

All three of these folks might be surprised to consider what they are really saying. If God intended pregnancy to occur, GOD IS INVOLVED IN FAMILY PLANNING! And we pretty well know what these folks think of organizations and individuals offering family planning advice.

Of course, all of this discussion is pointless because Congressman Todd Akin assured us during his Senate bid four years ago that a woman’s body can “shut the whole thing down” in cases of “legitimate rape.” He argued, as Rep. Hubrecht has argued, that the punishment should be of the rapist, not of the fetus. The Akin theory, however, seems to indicate pregnancy can only occur during illegitimate rape, whatever that is.

Not long after Hubrecht’s comments, Octavio Chorino and Peter Greenspan offered an op-ed piece in the St. Louis Post-Dispatch agreeing with Hubrecht and the others that “violence against women is unacceptable.” But they found the “notion that good may come of such a violation to be dangerous at best…and any suggestion that there is a bright side to sexual violence is an offense to all survivors.”

They noted other consequences of rape including transmission of sexually transmitted diseases as well as extensive physical and psychological injuries that can affect a woman for the rest of her life. “These consequences are very real and they should not be diminished by the claim that any rape has a silver lining,” they wrote. Unlike Hubrecht, Kurcaba, Mourdock, and Akin, these professionals have had real-world experience with rape and incest victims. “Exposing sexual assault victims to the risks inherent in pregnancy and childbirth is effectively punishing her for her own assault. This is unacceptable,” they said.

Chorino is the president of the Missouri Section Advisory Committee of the American Congress of Obstetricians and Gynecologists. Greenspan, also a doctor, is the group’s legislative chair. But what do they know? They didn’t even address the issue of God’s will and Rep. Hubrecht’s inclusion of that issue takes the debate beyond the practical issues on which Chorino and Greenspan based their article.

Their experiences and their observations are not likely to concern the “silver lining” believers anyway.   We have seen no indication that those who want Missouri to have the strongest anti-abortion standards in the nation care much about the second life involved—that of the rape or incest victim.   They certainly didn’t show it during debate on the personhood bill in this election session of the legislature.

The comments, “When God gives life, he does so because there’s a reason, no matter what” and “sometimes God can give us a silver lining through the birth of a child” began to percolate in our head on a recent trip. You know how the mind sometimes looks for something to wonder about other than the many miles yet to go. In this case the mind decided to test the validity of an idea by taking it on a logical line and then asked a simple question:

“If God has a reason for causing a pregnancy through a man’s sexual act with an unwilling woman because ‘when God gives life there’s a reason no matter what,’ why should the man face a criminal charge for what logically is an act of God?”

Then the mind went on. “When does God decide a pregnancy should result from the rape or incest? While the act is in progress? Or does God decide immediately after the event that this is an opportunity to create a life? Or—-

“If God has a reason for a rape or incest-caused pregnancy, does it not follow that God had a reason for the rape or incest?

“If God gives life, and does so because there’s a reason, no matter what, what is that reason? Is it punishment for something the woman or the young girl did that was wrong in God’s eyes? Or, conversely, is it some kind of reward for doing something good such as allowing oneself to be a rape or incest victim, or is it a reward for the rapist or the person committing the incest?

“How can a God-blessed result occur except through a God-inspired act?”

The driver, not being a Biblical scholar, could not cite any examples from the Bible of a God-inspired result that did not begin with a God-inspired or directed act so he did not reply.

“But,” said the mind, “Don’t supporters of the position need to provide a definitive logical answer that does not limit an omnipotent God? If God has the power to create physical life, does not God have to ordain the circumstances under which that life is physically created?

“And doesn’t God have to ordain the circumstances under which the life is physically created because the life would not be created without that violent act?

“And if that is the case, isn’t the argument severely weakened that the perpetrator of the act should be punished rather than the life created being ‘punished’ because, as she said, ‘There is a reason for their life?’ Are not the perpetrator and the new life equal partners in this process and therefore equally blameless?

“In a climate that argues that religious freedom needs more protection, how can it be logically argued that an act, even a violent one, that is motivated by God’s decision to begin a new life no matter what should not be recognized as a religious act, not a criminal act?

“Is rape or incest that creates a life, for which God has a reason no matter what, therefore an act of God?

“And further, should not the woman logically forgive her rapist or her incestuous relative because her STD and her physical and psychological injuries were necessary to create the pregnancy God had a reason to create under these circumstances no matter what?”

And the driver finally responded to his mind out loud, “Your arguments are interesting. But they are flawed because you use the word, ‘logically.’ And logic seems to be the farthest thing from the thinking of those who support the ‘silver lining’ concept.”

And the driver tuned the radio to the old-time radio channel that was re-broadcasting a 1951 Jack Benny show and both of them drove on.

 

Orthodontic thoughts on ethics

Posted on by
1

Well, the legislature passed four ethics bills this year, didn’t it? 

So what? 

Missouri went into this legislative session as the only state that did not limit lobbyist gifts to lawmakers, had no cooling-off period before legislators could return to the halls to lobby former colleagues, and no limits on campaign contributions. 

One out of three ain’t bad, as somebody who got a “D” in elementary school English might have said.  But while the legislature deserves a little credit for passing four ethics bills this year, they were all singles. Lawmakers hardly swung for the fences.   They didn’t strike out, certainly, but they didn’t hit much more than bloop singles.  We still don’t have limits on lobbyist gifts and the last thing in the world the powers that be in the legislature wanted to do this election year was address campaign contribution limits.  

But they can campaign on how they cleaned up government.  They won’t campaign on the idea that they only used a whisk broom, however.

The bills passed this year say legislators have to wait six months from the end of their terms before they can become lobbyists.  That means they can’t represent you and me at the capitol during the next legislative session (assuming you and I are the ones who would hire them; there are plenty of others who might).  But by the time the veto session rolls around in September, 2017, those whose terms run out in January can be renewing old acquaintances or augmenting the lobbyist corps putting on the pressure for veto overrides, or laying the groundwork for the 2018 session. And it’s likely that a majority of those with whom they served will still be around, particularly those who will be leaders by then.  

Lawmakers also decided they should not be allowed to hire fellow lawmakers as paid political consultants, a bill triggered by one incident a couple of years ago.  It’s okay legislation but this is hardly a political cancer cure.

Another bill requires candidate campaign finance reports to be filed electronically with the state ethics commission.  Some candidates have utilized a provision in existing law to escape filing with the state by filing with local election authorities.  This bill closes the least shortcoming in the current campaign finance law that eliminated all campaign donation limits.  When that bill was passed, the sponsor said eliminating limits was just fine as long as there was proper reporting of donations.  But the legislature ignored the T. Rex in the room this year when it did not require non-profit political action committees, the Super PACs, to report to the ethics commission who was providing them with money that is often used to bludgeon candidates targeted by big donors who don’t want anybody to know they are behind the so-called dark money in politics today. And they didn’t reinstate any limits on direct donations to candidates or to parties. 

The fourth one says former office-holders can’t invest leftover campaign funds and must dissolve their campaign committees before they can become lobbyists six months after leaving office.  An office-holder who has a large pot of leftover campaign money cannot invest it and use the return on the investment to fund other candidates, for example. 

Bloop singles that fall between the shortstop and the left fielder.   Why aren’t they at least line drives? 

Read the bills: HB1983, HB1979, HB2203, and HB1474.   Look for any penalty provisions. 

We’ll save you the drudgery. Folks, there are no penalties in any of these bills. They seem to be toothless.

If Representative Furd’s term ends with the swearing-in of his successor and now-former Representative Furd shows up in the hallway an hour later lobbying on behalf of the Missouri Association of Left-handed Trombonists while still having $43.92 in his campaign account, what will happen?  Will legislators refuse to let him buy them dinners (the bill limiting lobbyist gifts failed this year, you recall)?  Will Thelonious Furd—friends will now call him “Thel” instead of “The gentleman from Melvin County”—be shunned and find himself standing alone in a third floor alcove?  Will former colleagues block his text messages on the cell phones they might check while debating whether music stores should be able to refuse to sell mouthpieces to gay musicians because of a sincerely held belief?   Will somebody be able to get a court order that says he has to stand in the Capitol yard?   

Was the Missouri Ethics Commission given any authority to write rules dealing with the return of Thel?   Not in this bill. 

If Thel decides he wants to be a campaign consultant for a sitting representative with dreams of glory as Melvin County Administrator, is there a penalty for either him or his former colleague?   We didn’t see one. 

And if he files a report with his county clerk showing that he still has $43.92 instead of filing it with the ethics commission, what severe penalty does he face?   Ah!  There he might be in some trouble because the ethics commission can fine people for not filing proper campaign finance reports and THIS new law appears to put him under that jurisdiction.  

All of this speculation comes from a common citizen living on a quiet street in Jefferson City who used to be able to walk over to the sponsors of these bills and check the teeth in any such propositions. There might be some provisions in other sections of the statutes that would be the teeth for these bills but, from this lofty perch it seem the best we can we can say to most of this year’s ethics legislation is, “Nice gums.”