Category Archives: legislature

Tread Carefully

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The Missouri General Assembly convenes in a special session in a few days to consider a significant cut in the state’s income tax and other issues.

The past and the present and two seemingly unrelated situations suggest this is a time to tread carefully—-although, this being an election year, politics could take a higher priority than should be taken in considering the tax cut.

Let’s set aside politics for a few minutes and raise some concerns based on years of watching state tax policy be shaped.

Days after Governor Parson announced he was calling the legislature back to cut the income tax, President Biden announced his program to eliminate a lot of college student loan debt.  The two issues, seemingly wide apart, actually are related in this context. It will take some time to explain.

We begin with the Hancock Amendment. In 1980, Springfield burglary alarm salesman—later Congressman—Mel Hancock seized on a tax limitation movement sweeping the country and got voters to approve a change to the state constitution that tied state government income to economic growth.  If the state’s tax collections exceeded the calculated amount, the state had to send refund checks to income taxpayers.

Some of the Hancock Amendment was modeled on Michigan’s Headlee Amendment adopted two years earlier. But the timing of Hancock could not have been worse.  While Michigan’s amendment was passed during good economic times, Missouri’s Hancock Amendment went into effect during a severe economic recession considered to be the worst since World War II.

Missouri therefore established a limit that had a low bar. There are those who think the state has suffered significantly because of that.

Except for one year the Hancock Amendment has worked well.  Too well, some think, because it has encouraged state policy makers to underfund some vital state programs already hampered by Hancock’s low fiscal bar.

In 1998, the state revenues exceeded the Hancock limit, forcing the Revenue Department to issue about one-billion dollars in refund checks (averaging about forty dollars per household).

The legislature decided it did not want to repeat that. So it decided to cut taxes to keep from hitting the Hancock limit again.  Not a bad idea, except that when the national and state economies took a dive, financing of state institutions and services was severely lowered.  Had the refund program remained in effect, the economic downturn would have meant no refunds but institutions and services would have been hurt far less because the tax base would have stabilized funding.

The MOST (Missouri Science and Technology) Policy Initiative, a fiscal think tank, has recorded twenty tax cuts from 1993-2013.  The result is that Missouri is almost four-billion dollars under the revenue limit set by Hancock, according to the latest annual study done by the state auditor.

Missouri is unable to do a lot of things it could be doing because the legislature eroded the state tax base instead of issuing checks.

Now the legislature will consider an even deeper tax cut.

Nobody likes to pay taxes. But there has been cultivated in our state and nation a culture that seems to think the benefits of government—education, public safety, infrastructure, care for the sick and elderly and indigent, and other parts of our lives we take for granted—should be free.  Or, to the way of thinking of some people who don’t need those things, eliminated.

How does the Biden program to forgive billions of dollars in student loans provide a cautionary element to consideration of the Parson tax cut?

When I was in college in the previous century, I knew many people who worked their way through school. Some could do it with part-time jobs on campus or in the community. I had one friend who worked for a semester and then took classes for a semester.  I have one friend who  financed his college education by selling thousands of dollars worth of Bibles and other religious books during the summer.

But the expense of a college education today makes that kind of self-financing impossible, or almost impossible.  And here is a major reason why.

Back when my generation and the generation after us, probably, could work our way through school, the state provided for a substantial cost of higher education.  Today, the percentage is much lower.

Last year, one of Missouri’s most distinguished attorneys—who also was appointed by Governor Parson to the Coordinating Board for Higher Education—W. Dudley McCarter, noted in The Columbia Missourian, “After striving to attain this goal over the past 10 years, the state of Missouri has now succeeded in becoming the state that is at the very bottom in funding for higher education. No, it is not Mississippi, Arkansas or Alabama — it is Missouri. Over the last 10 years, state funding for higher education has increased nationwide at an average of 12.40% with some states increasing funding by over 40%. In Missouri, however, funding has decreased during that same period by 13.70% — the only state that had reduced funding. When adjusted for inflation, the decrease is actually over 26%. The national average for funding is $304 per student, with some states providing over $700 per student. In Missouri, the funding is less than $200 per student.”

The downward trend has been going on far longer than that. The internet site Ballotpedia has noted that state appropriations per full-time student dropped by 26.1% in the first decade of this century, about twice the national average.

A study done a few years ago for Missouri State University showed that, nationally, student higher education tuitions made up 30.8% of higher education revenues in 1993. By 2018, tuition was financing 46.6% of higher education costs—and the costs were higher. It was during that time that student borrowing ballooned to offset declining percentages of state and federal higher education support.

The Biden student loan forgiveness program deals with those who have debts already. It does nothing to prevent current or future students from incurring crippling student debts, because government has reduced its support for higher education.  And now, the legislature is being asked to reduce state revenues even more.

We lack the expertise to get too far into the weeds of economic nuance.  But reducing the state’s ability to meet its fiscal responsibilities in the future, whether it’s in higher education or numerous other fields is a long-term issue that must be approached with great caution.

Things are flush right now, thanks partly to inflation and the massive injection of federal Covid relief funds in the last few years.  But Missouri still is far short of its own limit on the state tax burden and still far short in funding numerous human-service needs.

It is politically popular in an election year to cut taxes. The public seldom recognizes the long-term penalties that might result.  Tomorrow’s college graduates might be among those paying a high price for today’s popular tax cut and incurring new student debt burdens.  And if a recession hits next year, as some economists keep predicting, some unfortunate results of this year’s tax cut could become painfully clear.

Governor Parson has taken a wise step in meeting with members of both parties to explain why he thinks a tax cut is appropriate today. We suspect he had an easier sell with member of his own party than he did with the other side. We expect some passionate discussion of this issue during the special session.

We also expect a cut will be enacted.  We hope, however, that we do not have a repeat of the unfortunate post-refund tax cuts of decades ago. We must be careful as we consider what we might do to ourselves, our children, and our friends.  Tread carefully.

The Lake

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Wire service reporters used to do something called a “new top” as stories developed.  If something happened reasonably soon after an original story was sent out on the wire, the reporter would write a new lede that would replace the opening paragraph or paragraphs, and editors down the line could use it and graft the rest of the story behind it.

Today we offer a new top to an old story that we related in this space on September 5, 2016.  It was about the naming of the Lake of the Ozarks.

Construction of Bagnell Dam was completed in April, 1931 and the water reached spillway level in May.

A year-and-a-half before the dam was finished, a controversy broke out about what to name the reservoir.  Union Electric, now Ameren, the builder of the dam, found itself fighting an effort in January, 1930 to name the reservoir “Lake Osage.”

A land company had bought property on the planned lakeshore and had gone to the Camden County Recorder of Deeds to register the name “Lake Osage.”  But the development of the lake was a private enterprise by Union Electric which immediately said the proposed name was not authorized and would not be allowed.

The land company liked the name because it wanted to build a “summer colony” it wanted to call Osage Beach.

But critics thought “Lake Osage” would be confusing because the new lake was only two counties away from Lake Sac-Osage at Osceola (now the Truman Reservoir).

The 1929 legislature passed a bill calling the new lake “Lake Missouri,” but Governor Henry Caulfield vetoed it.  Several other names were suggested including Lake Benton, for Senator Thomas Hart Benton.  When the legislature passed a bill in ’31 calling the reservoir “Lake Benton,” Caulfield vetoed it, too, because it referred to “Missouri’s greatest Senator,” a phrase some might question then and one that could be questionable when future men and women had the job.

Union Electric, through the construction years, had referred to the dam creating the “Ozark Reservoir,” which turned out to be the largest man-made lake in the world—a claim that was eclipsed five years  later.

By 1932 the lake was generally referred to as the Lake of the Ozarks. As far as we know there was never a formal dedication of the lake’s name.

And Osage Beach became much more than a “summer colony.”

Slouching into adjournment

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Jacques reflects on life in Shakespeare’s As You Like It:

 All the world’s a stage,

And all the men and women merely players;

They have their exits and their entrances;

And one man in his time plays many parts,

They’re gone.  They’re done.  The chambers are dark and cool.  The hearing rooms are empty and quiet.  The unpopulated rotunda echoes with the sounds of a few footsteps.

The players have departed, some to return but others now of no further use, their importance immediately extinguished because they can no longer do things for people who want things done.

Some of those who have served will never be seen again in these hallways.  Their offices soon will be occupied by some other temporary presence who will come to this time, too.

And what have they left behind? What lasting benefit was there of their service?

The fact that they served, that they sought the responsibilities and the obligations of office, can be enough.

Some—those who will never again do anything as consequential as vote on some pages of words that establish allowable behaviors for six million people—might have time now to ponder their legacies.  Did they benefit all Missourians or just a few?  Did they protect the many or place a few ahead of them?  Will their time in the Capitol matter in the arc of history.

Or does it make any difference?

We have found ourself wondering during this session what some departing members will consider their legacy. When the last newspaper article is written about them, will one of their distinguished accomplishments be that they shut down the Senate for half of the session, for purely partisan and sometimes personal reasons?

For those who won’t be back in either the House or the Senate, will they be remembered because they almost were part of the least productive legislative session in modern history?  If the House had not approved twenty Senate-passed bills on Friday, the day after the Senate quit a day early, this session would have approved only 23 non-budget bills. The record low number in modern times is 31 in 2020, when the pandemic scrambled everything.  What scrambled everything this year was the conservative caucus in the Senate that believed its seven members should tell 17 other Republican Senators and ten Democrats how to run the place.

Our friend Rudi Keller says the average number of bills passed since 1981 was 155.

Senator Emory Melton, who served 28 years from Cassville, once opined that “it is not the bills that pass sometimes; it’s the bills that DON’T pass.”  A lot of bills didn’t pass this year, good ones and bad ones that were sentenced to death, early, by seven of 197 legislators who thought the congressional redistricting map should be about partisan politics rather than about public representation in Government.

We wonder if anyone considers whether a law they sponsored will still be on the books twenty-five years from now.

Will two legislators who talked to each other during debate almost every stay in touch even one year after leaving the capitol?

All glory is fleeting, said Patton.  All glory is fleeting but obscurity is forever, said Napoleon. How many years will elapse before one of their townsfolk is surprised to learn they once served in the Missouri General Assembly?

What’s done is done. The session will be recalled for the stalemate that froze the Senate for half the session.  It will be recalled because one chamber threw in the towel a day early and the other gave up before the statutory deadline on the last day.  Well after any memories of individual accomplishments, this session will be recalled for those things.

Grantland Rice, the dean of sportswriters in the 1920s, 30s, and 40s—–the man who described the Notre Dame backfield as “The Four Horsemen”—wrote a poem titled, The Record:

When the game is done and the players creep

One by one to the League of Sleep,

Deep in the night they may not know

The way of the fight, the fate of the foe.

The cheer that passed, the applauding hands,

Are stilled at last — but the Record stands.

 

The errors made, and the base hits wrought;

Here the race was run! There the fight was fought.

Yet the game is done when the sun sinks low

and one by one from the field they go;

Their day has passed through the Twilight Gates,

But the Scroll is cast — and the Record waits.

 

So take, my lad, what the Great Game gives,

For all men die — but the Record lives.

 

 

 

 

 

A Reading List

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This is the last week of the legislative session.  Time is even more precious now and the risk that some worthwhile things will be talked to death is greatest.

This session already will be remembered as the year the Missouri Senate became a reading club.  A lousy one.

Not only were the choices of reading material poor, the reading of the material was fingernails-on-the-blackboard irritating.

Not only was their choice of material and their delivery of it lifeless, spiritless, colorless, arid, tedious (we could go on—we found a listing of 50 synonyms for “boring”), it set a low bar for being educational.

If unrecoverable hours of members’ lives will be taken from them, they at least should have the opportunity to turn the torturous time into a learning experience.

To solve this problem, we suggest that the Senate set aside funds to hire temporary personnel who have professional reading skills and employ them as part-time reading clerks—overnight reading hours would demand heftier salaries but it would be a small price to pay for making the Senate a more enlightened chamber.  Accompanying this recommendation is a suggested rule change that any group fomenting a filibuster must commit to staying in the chamber for the duration of the readings, thus guaranteeing that SOMEBODY will learn something.

Herewith, then, we offer a reading list for filibusters in hopes that consumption of those hours will provide participants and listeners alike some value.  We regret that we cannot guarantee that the readers can do a better job than they did this year.

Our Declaration: A Reading of the Declaration of Independence in Defense of Equality by Danielle Allen, a professor at the Institute for Advanced Study at Princeton. While most of us have read the Declaration or have heard it read, this book is a highly-informative explanation of the care that went into each paragraph and sometimes each word of our nation’s foundational document and how the elements of the Declaration fit together and constitute the legal framework that led to the writing of the United States Constitution.

America’s Unwritten Constitution: The Precedents and Principles We Live By, by Akil Reed Amar, who teaches Constitutional Law at Yale College and Yale Law School. Amar is considered “one of America’s pre-eminent legal scholars” who explains why the Constitution does not set forth all of the rights, principles, and procedures that govern our nation. He maintains that the Constitution cannot be understood in textual isolation from a changing world and the laws that change with it.

The End of White Christian America by Robert P. Jones, a former psychology professor at Missouri State University who now leads the Public Religion Research Institute, that examines what is happening because our nation is no longer an evangelical majority white Christian nation and the political and cultural effects of that change. The book explores that change, its implications for the future, and why those who fear the future should instead understand how the positive values of white Christian America will survive.

New World, Inc., by John Butman and Simon Targett. The authors explain that it was commerce, not religious freedom, that was the motivating factor for the earliest explorations and settlements of our nation.

The Wordy Shipmates, by Sarah Vowell. Ms. Vowell is greatly entertaining in explaining who the Puritans on which so much of our standard history is based really were as human beings—and they were pips and not necessarily pure..

Marooned: Jamestown, Shipwreck, and a New History of America’s Origin, by Joseph Kelly, takes us to the dangerous, desperate times overlooked in our usual histories. We do not often consider that those who came to this side of the Atlantic placed themselves in a hostile world for which most were unsuited to settle with no guarantees that new supplies to sustain them would arrive later  It also explores the papal-approved concept that if a land was not populated by Christians, it was proper—a duty, in fact—for Christians to take that land regardless of the cost to those who inhabited it.

El Norte: The Epic and Forgotten Story of Hispanic North America, by Carrie Gibson.  Long before the Pilgrims and the Puritans arrived on this side of the pond, the Spanish were here as conquerors, settlers, enslavers, missionaries, and adventurers.  But most of our history is based on, as poet Walt Whitman put it, the idea that this nation was founded as a second England.

There are several others that could broaden understanding of who laid the foundation for our country and the opportunities and the missed opportunities to recognize them that shape our attitudes today, and not always in a positive way.

If the Senate, or a small part of it, wants to kill time and possibly beneficial legislation (for somebody) in the process, it should at least contribute to improving the general knowledge of our nation, at least for the Senator who should fill his mind while killing everybody else’s time, and for those who might stick around if there’s something worthwhile to listen to.  And with these books, there is.

We offer these suggestions with no hope that they will amount to anything.

But that doesn’t keep individual members of the legislature—and the public—from becoming better citizens by broadening their understanding of our nation’s roots.

 

 

The Light

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—is starting to grow larger at the end of the tunnel.

The last week and a half of the legislative session is here.  It’s time for legislators wanting another two or four years in Jefferson City to get the heck out of town and start telling the folks why they deserve another term, or a term of some other kind that lets them remain at the public trough.

The biggest budget in state history, bloated with federal pandemic relief funds, must be resolved by Friday—and it probably will be.  But the session is likely to be recalled for its divisions in the Senate and the lost first half of the session to filibusters that went beyond making a point, whatever it was.

It won’t be much to go home and brag about in this campaign year.  And for those who will be spending their last days as decision-makers for the state, this year won’t be much of a legacy to be mentioned in the last newspaper article written about them.

It could be worse.

We remember when sessions went until June 15 in non-election years with a midnight adjournment.  Given what we’ve seen this year, we are intensely grateful that custom was ended some time ago when reason was more present in the General Assembly.

Premonition

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Your faithful chronicler was invited to speak to a group of freshman, sophomore, and junior State Representatives last week. It turned out they all were Republicans, including some Republican candidates for the House.

If Democrats want to hear the nonpartisan speech, I’d be glad to do it for them.

In fact, the words of a Democrat had a prominent role in the early part of the speech.  I had recited some facts about being raised in a Republican family. But I came of age in the Camelot era, a pedigree that I hope is somewhat behind my efforts as a reporter to harass both parties equally.

As I was researching some of the material for the speech, I came across the speech President Kennedy would have delivered at the Texas Trade Mart. As history records, the world ended for him ten minutes or so before he was to arrive there. The conclusion of the speech reaches across the generations since that day in Dallas.  Here’s the part of that speech that made it into part of my remarks last week:

“In this time of division and hostility, of narrowness and demagoguery often fueled by fear of the different instead of the opportunities presented by the things we have in common, it might be good to reflect on some of President Kennedy’s words again.  The other day I came across some words he would have spoken at the Dallas Trade Mart on November 22, 1963, a day I remember vividly as a young reporter.

Ignorance and misinformation can handicap the progress of a city or a company, but they can, if allowed to prevail in foreign policy, handicap this country’s security. In a world of complex and continuing problems, in a world full of frustrations and irritations, America’s leadership must be guided by the lights of learning and reason or else those who confuse rhetoric with reality and the plausible with the possible will gain the popular ascendancy with their seemingly swift and simple solutions to every world problem.

There will always be dissident voices heard in the land, expressing opposition without alternatives, finding fault but never favor, perceiving gloom on every side and seeking influence without responsibility. Those voices are inevitable.

But today other voices are heard in the land – voices preaching doctrines wholly unrelated to reality,…doctrines which apparently assume that words will suffice without weapons, that vituperation is as good as victory and that peace is a sign of weakness…

We cannot expect that everyone, to use the phrase of a decade ago, will “talk sense to the American people.” But we can hope that fewer people will listen to nonsense…

We in this country, in this generation, are – by destiny rather than choice – the watchmen on the walls of world freedom. We ask, therefore, that we may be worthy of our power and responsibility, that we may exercise our strength with wisdom and restraint, and that we may achieve in our time and for all time the ancient vision of “peace on earth, good will toward men.” That must always be our goal, and the righteousness of our cause must always underlie our strength. For as was written long ago: “except the Lord keep the city, the watchman waketh but in vain.”

It has been too long since we heard that kind of uplifting challenge. And it’s time for leaders with courage to speak that way again.”

The crowd provided a standing ovation at the end of the talk, which was nice. I hope that means they didn’t think they were listening to nonsense.  And that they won’t go out and deliver it.

Motivational posters

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Your correspondent dislikes walking into a room—usually somebody’s office—decorated with motivational posters.  You know them.  Lovely pictures with some syrupy words about success, or greatness, or achievement, or—motivation.

The motivational poster industry probably has been around forever; I think I have read of some motivational sayings painted on the walls at Pompeii.  But they’ve become noticeably popular in the last two decades or so.  We will leave it to various “ologists” to study what has changed about us to warrant such treacle.

There always was this feeling that anybody who really needed one of these saccharine decorations must have been short of self-esteem—or working for bosses who think a treacly poster can be a transformative influence on the employee.

I know several apparently well-adjusted folks who have these things on their offices.  As far as I know they do not spend any time every day meditating on them and pondering the significance of the message. They seem to be perfectly normal people who do their work competently every day.  I’ve known some of them long enough to know that the poster in their office has not changed the high-quality work they have always done anyway.

All of this is why my newsroom work station, for several years, sported a calendar from Despair.com (https://despair.com/collections/demotivators) that countered the hard-hitting soupy sayings on walls elsewhere in the building.  Every couple of months there was a new mini-poster taped under my name thingie.

Now, understand that news people have a tendency to be kind of anti-establishment, independent, unruly, and untidy souls who have an inborn pride in being to some degree as manageable as a wheelbarrow full of frogs.  Or cats.  Or Beagle pups. We are only slightly more manageable than a wheelbarrow full of canaries.

But my work area used to be decorated with beautiful pictures such as one showing several hands hoisting a trophy with the big word, “Winning” beneath and the ensuing paragraph: “Because nothing says, ‘You’re a loser’ more than owning a motivational poster about being a winner.”

There are several others—enough that I did not have time to acquire them all.

One that some legislator with a sense of humor might want to hang in the outer office where visitors can see it. If features a lovely early evening sunset-illuminated Nation’s Capitol and its reflection in a mall pool.  It says “Government,” and beneath it are the words, “If you think the problems we create are bad, just wait until you see our solutions.”

Apparently there is an alternate contemplation: “They may seem inefficient and feckless at times, but your Representatives in Washington just want what’s best for you assuming you’re a major corporation. Otherwise, you’re pretty mush screwed.”

Another poster shows a stack of newspapers with the big word “Media,” followed by, “What lies behind us and what lies before us are tiny matters compared to what lies right to our faces.”

And there’s one labled “Conspiracy” that says, “Never attribute to stupidity that which can easily be explained by a pathological blood lust for control.”

Or one showing hands raised in high fives and labeled, “Teams,” with the note, “Together we can do the work of one.”

And of course the poster reading “Motivation,” which advises, “If a pretty poster and a cute saying are all it takes to motivate you, you probably have a very easy job.  The kind robots will be doing soon.”

I’m waiting for the poster that says “Treacle.”  The accompanying line should be a pip.

Hate

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We picked up a copy of The Southern Poverty Law Center’s The Year in Hate & Extremism 2021 the other day. It lists, state-by-state the groups it considers to be hate and extremist organizations.

The SPLC was founded in 1971 as a civil rights and public interest litigation organization. It has become known for filing suits against white supremacist organizations and other discriminatory groups. It promotes tolerance education programs.

Some of those the conference has listed have criticized the listings as being politically-motivated or not warranted or so broad they are not accurate.

There are thirty Missouri organizations on the 2021 list.  Thirty out of 733 hate groups spread throughout the 50 states.  Nineteen of Missouri’s thirty groups are “general hate” (10) and “general antigovernment” (9).

We have no active KKK, racial Skinhead, neo-confederate, anti-immigrant, anti LGBTQ, conspiracy proponent or constitutional sheriffs organizations.

This does not mean, of course, that there are not those who fall into those categories as individuals or that these movements have not infiltrated mainstream politics, society, and religion. Clearly there are many people who have bought into the ideology of these groups. The SPLC singles out one political philosophy in particular.

The storming of the U.S. Capitol on Jan. 6 exposed an alarming reality: that extremist leaders can mobilize large groups of Americans to use force and intimidation to impose their political will…They’ve coalesced into a political movement that is now one of the most powerful forces shaping politics in the United States….Within the GOP, a radical faction is attempting to rout the few remaining moderates unless there is a robust counter-effort from democracy supporters.

Let’s be clear.  The SPLC is not saying every Republican is within this sphere. We know many who are not.  But many of these groups or those individuals buying into their rhetoric see that party as their best vehicle to achieve power and they see the upcoming midterm elections as their best road to the top.

Just as it took a record involvement of Democrat, Independent, and disaffected Republicans to defeat Donald Trump in 2020, so it is likely to take a record forceful involvement of mainline Republicans (along with some Independents and crossover Democrats) in the August primary and the November general elections to blunt this movement in Missouri.

The commission warns of the danger of these groups and those supporting their attitudes.

Extremist groups have also found ways to insert themselves into mainstream politics. In the aftermath of Jan. 6, they shifted their efforts to local politics, focusing especially on COVID safety protocols and school curricula. Hard-right organizations disrupted school board and city council meetings around the country and, in the process, created space for more extreme and bigoted voices. As a result, public servants have experienced a wave of threats that will likely continue as the country heads toward the 2022 midterms.

We have talked to many people who shake their heads, unable to understand why some office-holders and candidates who have seemed thoughtful and reasonable people until now are sounding as unreasonable as several seem to be—or either side of the ballot.

The mainstream citizens, the ones who shake their heads is despair at what our politics have become, must be vigilant and active in 2022. Sitting back and wringing their hands is not an option.

The Southern Poverty Law Center concludes:

The United States must…look for ways to build a more resilient democracy…Even more, a reinvigorated vision of a more inclusive democracy is necessary, ne that creates a stark alternative away from the destructive path of the hard right. That means expanding and protecting access to voting, creating legislation to protect people who face discrimination, promoting civics education and teaching students an anti-racist curriculum, and ensuring all Americans have healthcare, housing and other vital services so they can lead safe and dignified lives.  History tells us that the threat is real, but it also reminds us that we can turn the tide.

Some of this language can be dismissed easily as “hard left” language and in the poisoned atmosphere of our politics today it is easy to dismiss it instead of exploring it.

Our state is protected by the explorers, not the fighters.  None of us should be afraid to explore even if we face the hateful charge that we are “woke,” or some other word or phrase intended to brand us as immaterial.

It is a truism that if you cannot intellectually justify your point, you can always think you win by calling someone a name, giving them a brand, assigning them to a mythical place of dismissal. Such pronouncements should be dismissed out of hand.

Getting back to where we started—

Missouri being the home to thirty groups considered hate or extremist organizations is not something to be proud of. Letting them or individuals sharing their views dominate our political discourse is a danger to all of us no matter what side of the aisle we are on.

A silent majority can become a silenced majority if it is afraid to assert its power against those bent on destruction and control.

Perhaps naively, we place our hope in that silent majority, that silent courageous majority, that we hope is quietly waiting to turn itself loose on our election days in 2022.

 

Abdicating Authority

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The Senate Appropriations Committee has sent a House-passed bill on sports wagering to the floor for debate.  The bill taxes proceeds from sports wagering at eight percent rather than the 21 percent rate for all other forms of gambling.  Committee Chairman Dan Hegeman says there will be a substitute bill offered on the Senate floor that changes some of the provisions of the House bill.

I could have opposed this bill when it was before the committee a couple of weeks ago but decided not to do it because I’ve told this committee and House committees for about three years why the legislation written by the casino industry should be rejected—-because it does nothing or almost nothing for the state’s interests and, in fact undermines them.

The worst thing the bill proposes—so far—is a series of deductions from the taxes the casinos will pay the state.  The goal, plainly stated in the bill, is to let casino accountants turn profitable days into unprofitable days and then to carry over any paper losses to the next day’s calculations. And if the accountants can show enough days were losers, then an entire month will have no revenues that can be taxed.

This is what I told the committee—with some editorial modifications because this is a column not testimony.

First: The fiscal note on this bill talks about how much the state will gain, which isn’t much, but it does not talk about how much the state will lose because of the ultra-low tax rate proposed and other factors in the bill.  Eight percent of nothing is the same as 21% of nothing, and “nothing” is the goal.

The other two points unfortunately are combined.

This not only is the thirtieth anniversary year of the vote to legalize casino gambling, it also is the thirtieth anniversary of approval of term limits.  This legislation represents an unfortunate combination of these two issues.

We have seen the realization of two important things that critics warned would happen if term limits were adopted.

One was that imposition of term limits would eliminate the institutional memory of the General Assembly.

Institutional memory is passed along by the Elders in any society to newcomers.  It consists not only of previous experiences in what works and what does not. In the legislature’s case, it was a matter of teaching new members about traditions, practices, rules (written and unwritten), and behaviors that are essential to good governing.

It is a matter of understanding why people are “Ladies” and “Gentlemen” in the House and why the phrase, “Everyone is a Senator” is vital to the operations of the Senate.  Both standards are matters of respect and based on the idea that policy is shaped by debate among equals.  A debate between two gentlemen, two ladies, or a lady and a gentleman is a debate between equals. It is a matter of parliamentary discipline and political respect regardless of party, geography, color, gender, faith or any other factor.

“Everyone is a senator” is the same.  Senators debate Senators.  It is not us-versus-them.  Senator-to-Senator does not infer that one is superior to the other.

Institutional memory used to teach respect for the understanding that today’s opponent likely will need to be tomorrow’s friend. It was a system that worked for about 175 of Missouri’s 200 years. The sad result of the loss of that memory has been played out in the Senate this year.

The third warning we heard is that after institutional memory is gone, the General Assembly would lose the structure that protects its role as the people’s policy-maker.  Without that structure, without that discipline—critics warned—the power to make policy shifts to two elements that are permanent parts of government outside the chambers—the bureaucracy and the lobbyists.

The warning was that while legislators will come and go, both the bureaucracy and the lobbyists are permanent and their power grows.  And so it is with this bill.

In the last five years, the gaming industry has given legislators 29 bills on sports wagering with the expectation those bills will be passed.  In these five years, not one member of the House and the Senate—I haven’t counted but probably 230 or more people have served in either chamber during that time—not one member of the House or the Senate has independently introduced a bill that puts the General Assembly in charge of this issue.

Not one bill has been written by any member of the Missouri Legislature that legalizes sports wagering on the state’s terms, that asserts the General Assembly’s authority to act on behalf of the people who elected its members. 

And so the warnings from 1992 have come sadly true.  For five years the Missouri General Assembly has abdicated its authority—on this issue—to those who are not physically Ladies, Gentlemen, or Senators, none of whom have any responsibility for, or obligation to the people who sent you here.

And that is why you are being asked by backers of this bill to tell the people who sent you here that it is okay with you if your veterans continue to see declines in financing for their nursing homes, why it is okay with you if the state’s promise of education funding from casino gambling is broken, why it is okay with you if the cities some of you represent that play host to casinos will continue to lose thousands and millions of dollars every year because the gambling industry tells you not to update outdated laws.

It’s not too late to regain control of the process. Committee or floor substitutes, or committee or floor amendments can do it.

But the industry doesn’t want you to do it.  So you have a choice.

When you go home on the evening of May 13th and you have coffee the next morning with some constituents and one asks if you did anything good here this year—what will you say?

—that you stood up for your teachers and your veterans and your home dock cities…..

Or will you say, “I voted to let you bet on a baseball game tonight.”

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Time is running short and pressure to pass what the industry wants in this election year is likely to increase. Now we will learn if the legislature has the spine to act on behalf of the people they meet at home or whether they’ll go with the people they meet in the Capitol halls.

We hope the teachers and the veterans and the college kids looking for state scholarship help, or the city leaders of towns with casinos—and even families of those who become addicted to this industry’s product—ask in these weeks before the election whether their legislator abdicated policy-making power to the people in the halls.

Theatre of the Inane

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Elon Musk, insanely wealthy and looking to fend off boredom, has decided he wants to buy Twitter. He says he’ll pay $43 Billion.  Twitter doesn’t want to be bought and thinks it has a poison pill that will keep it Muskless.  He has suggested these are just the opening rounds of what can become an increasingly nasty fight.

We don’t twitt. We don’t Facebook. Both refusals probably are to our disadvantage when it comes to sharing this twice-a-week wisdom. But, frankly, we have a life and it’s not spent focusing on what’s between our thumbs.

When Twitter first came along, the Missourinet news staff was told it was going to have to start using it because it was the coming thing in communication.  The example given of its usefulness was a narrative series (forgive me, friends, I abhor the word “tweets”) of a friend of ours who was going somewhere and reported at various times that he had arrived at the airport, had been checked in, was waiting to board, was boarding, and was sitting on the airplane that was spending too much time packing in the passengers..

The Missourinet staff was unimpressed beyond description.

A few days later, your observer, the now-retired Missourinet news director saw a message from a friend who told the world that she was going to have to stop on her way home from work to get a new sump pump.

The news director quickly dubbed Twitter “the theatre of the inane.”

While Twitter has proven to be useful in distributing news in real time (as well as lies, conspiracies, accusations, and general trash), it still is awash in inanities.

Representative Harry Yates of St. Joseph would not have liked Twitter if it had existed in his day. He introduced a bill in the 1925 legislative session making gossip and scandal-mongering a criminal offense.   He proposed fines of ten to one-hundred dollars or a ten-to-fifty day jail sentence for anyone “maliciously repeating or communicating any false rumor or slander detrimental or harmful to another person.”

Yates would, of course, be apoplectic about Facebook.

His bill never made it into the statute books. It had some obviously serious First Amendment problems. And worse yet, if people couldn’t gossip or be mongers of scandals, there would be little to talk about, especially at the Missouri Capitol.  The place is a hothouse for gossip of varying degress of veracity.

But then again, imagine how nice would be the Silence of the Thumbs, at least in some places, if Representative Yates had succeeded.