Lawyers & judges endangering elections

The world has marveled at the orderliness of America's "peaceful revolutions" ever since Jefferson's Democratic-Republicans first wrested power from the Federalist Party of Washington and Adams, But how long will voters remain peaceful when their will is cynically undermined by partisan lawyers and willful judges whose lust to see their interests prevail eviscerates any pretense of respect to fair elections?

In California in 2001, 61% of voters approved a state statute to preserve the historical and biological definition of marriage, only to see an activist supreme court rule that measure invalid based on a supposed conflict with the state constitution.

Backers of traditional marriage didn't protest or threaten violence against their political adversaries. Instead, they played by the rules, responding with a constitutional amendment to trump the courts. Attorney General Jerry "Moonbeam" Brown unethically rewrote the ballot summary to tip the scales against the amendment, but 52% of Californians nevertheless approved it.

Now, as supporters of same-sex marriage engage in sometimes violent protests in front of churches, gay activists and the ACLU are asking that same supreme court to invalidate yet another election.

In Washington state in 2004, voters elected Republican gubernatorial candidate Dino Rossi by a mere 261 votes, according to election day tallies. A second recount again showed Rossi the victor, this time by just 42 votes. Finally, a third count gave the lead to Democrat Christine Gregoire by 129 votes -- and the counting stopped.

In that election, numerous irregularities in Democrat counties aided Gregoire at each subsequent count. In King County (including Seattle), more than 700 ballots were "discovered" after election day. Some precincts showed more ballots cast than registered voters, while others tallied more votes than ballots. At least 129 felons were allowed to vote, and provisional ballots were mixed with regular ballots before anyone bothered to determine whether those provisional ballots were cast by legitimate voters.

Now we have the ongoing saga in Minnesota, where Sen. Norm Coleman, a Republican, led alleged comedian Al Franken, a Democrat, by 725 votes after the initial count. That lead slipped to 438 within two days as election officials announced "adjustments" ‹ like finding a box of uncounted ballots that unanimously favored Franken in the trunk of an election worker's car.

Minnesota law explicitly limits the recount to those ballots counted on election day. That means the validity of ballots is decided by citizen election judges who make those determinations at polling places before their judgment can be clouded by knowing who is ahead or by how much.

Not surprisingly, lawyers for Franken, aided by veterans of Gregoire's election heist, want election boards, courts -- anyone -- to allow previously rejected ballots to be scrutinized and selectively added to the count.

Elections can only be legitimate when conducted according to rules stipulated by both sides prior to voting. But Franken's legal beagles could care less about the rules. Their mission is to win even if that means renegotiating the rules in court to strike down laws that, in 20/20 hindsight, adversely impact Franken.

Another of those inconvenient laws, as John Fund reports in the Wall Street Journal, is the federal Help America Vote Act, which requires that provisional ballot votes remain anonymous.

In Washington, a judge allowed lawyers for Gregoire to obtain a list of uncounted provisional ballots. From that list, they gleaned the names of those who voted for the Democrat and engineered the counting of those votes -- but not those who voted for the Republican. By the time Republicans figured out the Democrats' game, it was too late.

Franken's attorneys are deploying a similar strategy in direct contravention of Minnesota's election law and of rules administered by the Democrat secretary of state. They just may succeed in using the courts to steal another election.

When Americans can no longer trust that their votes will be counted under rules established in advance or suspect that judges are all too willing to bend those rules, how much longer will our revolutions remain peaceful?

Mark Hillman served as Colorado senate majority leader and state treasurer. To read more or comment, go to www.MarkHillman.com.

Glass way more than half full

This Thanksgiving season, no one has more reason to be grateful than us. Though the media, politicians, Hollywood and a growing number of cap-in-hand special interest groups would like you to believe otherwise, Americans enjoy an unrivaled degree of prosperity. Even the 12.5 percent of Americans identified by the census bureau as poor are well off by world standards. Forty-three percent of all poor families own their own homes. The average poor American enjoys more living space than the average Londoner or Parisian. Three quarters of poor families own a car. Ninety-seven percent have a color television (more than half of the families have two or more televisions). A majority have cable TV, a VCR or DVD player, a microwave oven, and air conditioning.

These government statistics, compiled by the Heritage Foundation, paint a different picture of the downtrodden than does the nightly news, but the facts do not tell the whole story. Without a comparison of how other people live around the world, Americans have no real sense of just how grateful they should be.

Unfortunately, Americans don’t get out much. Roughly a quarter of US citizens hold passports. I’m probably safe in assuming that more of my countrymen watch American Idol than BBC World News. American myopia creates a skewed perception of reality. America’s poor families have homes, cars and televisions. The poor in most of the world have little or nothing. Completely destitute in America means finding a shelter where you can have a warm bed, a meal and the help you need to get back on your feet. In Haiti, the poor are baking dirt into cookies to fill their stomachs.

In America, if you lose your job there are “help wanted” signs up and down the street. The jobs may not be optimal but they’ll do until something better comes along. I’ve certainly done my time behind a register and sweeping a broom and I’ll do it again if I have to.

No such option exists for people in Zimbabwe where the unemployment level is 80 percent. There are no jobs. Government corruption and control of the market have reduced this once prosperous nation to abject ruin. Zimbabwe is far from the only country to strangle its economy with government regulation. The world average for unemployment is 30 percent. In the U.S. it is less than 5 percent.

America’s clean air and water may look dirty if you don’t know better. In Cairo, every breath I took was like sucking off a tail pipe. I found myself smoking Egyptian cigarettes just to get the taste of the air out of my mouth. Cairo took 2nd place in the Progressive Policy Institute’s Smokiest Cities contest with 159 micrograms of particulate matter per cubic meter of air. By comparison, Los Angeles, America’s most polluted city has 36 micrograms of particulate matter.

Breathing in the Egyptian capital was tough but drinking the tap water was out of the question. I drank bottled water and ate oranges, a fruit hermitically sealed by its own peal. Cairo was a great place to visit and I’ll go again, once my lungs have healed.

Should I need any medical help along the way, I’ll get it here, thank you. Americans have access to the best health care in the world. In developing countries, people die for want of penicillin or routine vaccinations. In socialized European nations and our neighbor to the north, citizens can get decent care if they have the time to wait for it.

According to the Frasier Institute, a Canadian think tank, Canadians wait on average nine weeks between getting a referral from a general practitioner and actually seeing the specialist. They then wait another nine weeks to get treatment. A cancer radiation referral takes five weeks, orthopedic surgery nine months.

My point here isn’t to browbeat readers into gratitude but to give a needed perspective. Ignorance is not bliss. An ungrateful heart is an unhappy one. It leaves people vulnerable to being misled by honey-tongued politicians promising to make them richer, healthier, and happier. In the places where the government tries to give people these things, it inevitably makes them poorer, sicker and less free to seek their own happiness.

This Thursday I gave thanks to God for the many blessings in my life including my beloved country. I joined with those who, in the words of George Washington’s Thanksgiving Proclamation, “unite in rendering unto Him our sincere and humble thanks for His kind care and protection...for the great degree of tranquility, union, and plenty which we have since enjoyed; for the peaceable and rational manner in which we have been enable to establish constitutions of government for our safety and happiness, and particularly the national one now lately instituted for the civil and religious liberty with which we are blessed...”

Krista Kafer is a Denver-based education consultant, frequent cohost on Backbone Radio, and regular columnist for Face the State.com, from which this is reprinted by permission.

Thanksgiving honors founders' faith

For anyone born in the last 50 years, "separation of church and state" is inculcated secular orthodoxy. I well remember the family discussion during which my dad informed me that the phrase appears nowhere in the Constitution, and I recall spending the next two hours searching my history books in futility to prove him wrong. That government is insulated from faith is a notion that survives only in historical ignorance. Perhaps nothing disproves this fallacy more effectively than Thanksgiving Day, an official government holiday established for the purpose of acknowledging God's blessing of America.

Abraham Lincoln instituted a national day of Thanksgiving on the last Thursday in November, proclaiming:

"We have been the recipients of the choicest bounties of heaven; we have been preserved these many years in peace and prosperity; we have grown in numbers, wealth and power as no other nation has ever grown.

"But we have forgotten God. We have forgotten the gracious hand which preserved us in peace and multiplied and enriched and strengthened us, and we have vainly imagined, in the deceitfulness of our hearts, that all these blessings were produced by some superior wisdom and virtue of our own. Intoxicated with unbroken success, we have become too sufficient to feel the necessity of redeeming and preserving grace, too proud to pray to the God that made us."

Lincoln deemed it "fit and proper that God should be solemnly, reverently and gratefully acknowledged, as with one heart and once voice, by the whole American people."

Secularists, atheists and revisionists try to obscure these declarations of national faith, but Lincoln's sentiments echo those of our Founding Fathers.

The Continental Congress declared the first National Thanksgiving Proclamation on Nov. 1, 1777, so Americans could "express the grateful feelings of their hearts, and consecrate themselves to the service of their Divine Benefactor; and that together with their sincere acknowledgments and offerings, they may join (in) the penitent confession of their manifold sins ... that it may please God, through the merits of Jesus Christ, mercifully to forgive and blot them out of remembrance."

When the "father of our country," George Washington, issued a similar decree in 1795, he declared it "our duty as a people, with devout reverence and affectionate gratitude, to acknowledge our many and great obligations to Almighty God, and to implore Him to continue and confirm the blessings we (have) experienced."

Despite our collective and individual shortcomings, Americans have prospered like no other people, but we are foolishly misguided if we believe that our freedom and longevity is the result of mere chance or that it can persevere without demanding sacrifice, humility and resolve from each of us.

Liberty, equality and freedom have certain biblical roots, and although our forefathers practiced divergent faiths and a few exhibited little faith at all, they were unified by an acknowledgement that only a faithful people is capable of self-governance.

In the 21st century, Americans continue to demonstrate a pervasive belief in God -- a faith that comforts and unifies us when tragedy and adversity remind us of our vulnerability.

Patrick Henry testified to Christianity's role in the birth of this nation and its capacity to co-exist with other faiths: "It cannot be emphasized too strongly or too often that this great nation was founded, not by religionists, but by Christians; not on religions, but on the gospel of Jesus Christ. For this very reason peoples of other faiths have been afforded asylum, prosperity and free worship here."

Our ongoing struggles, though sometimes painful and heartbreaking, are not exceptional when compared to the suffering endured by those early colonists who dared to oppose the global superpower of that day.

On this Thanksgiving Day, we must remember the source of those patriots' strength and cultivate it for future generations.

Primer: Repeat after me

It is not the government’s responsibility to save Chrysler, GM, or Ford. Looking back, it was not the government’s responsibility to save AIG, Citigroup, or any other financial institution. Looking ahead, it is not the government’s responsibility to save coal companies, homebuilders, retailers, manufacturers, or hot dog carts. It is not the government’s responsibility to “protect” jobs – even when those jobs are held by member of politically powerful labor unions.

It is not the government’s responsibility to “create” jobs – the only jobs the government has the power to create are government jobs, and the world doesn’t need more bureaucrats.

It is not the government’s responsibility to prevent foreclosures, where people took out loans they cannot afford to pay back.

It is not the government’s responsibility to make sure that everyone has high-speed internet and cable TV. For that matter, it is not the government’s responsibility to pay for anyone’s personal expenses, be they medical costs, gasoline, or pedicures.

It is not the government’s responsibility to address “income inequality.”

To be clear, it IS the government’s responsibility to provide an environment where people and businesses can – through innovation, effort, and personal responsibility – achieve success, be self-reliant, and have the opportunity to strive for ever-greater achievement.

The ingredients are a fair, predictable legal system; dependable property rights; low taxes; and light regulation. That’s all.

Discouragement isn't an option

For all of us who believe in liberty, yesterday’s ballot offerings all over the country were hardly inspiring. Predictably, the results this morning may be more than a little dispiriting. Just in case you might be feeling somewhat “down” at the moment, let me offer what I hope will be some cheerful thoughts. Eternal optimist though I am, I admit that when I looked at the morning papers the pessimist temptation briefly had me in its grip. Then I asked myself :What good purpose could a defeatist attitude possibly provide? Will it make me work harder for the causes I know are right? Is there anything about liberty that yesterday’s election disproves?

If I exude a pessimistic demeanor, will it help attract newcomers to the ideas I believe in? Is this the first time in history that believers in liberty have lost some battles? If we simply throw in the towel, will that enhance the prospects for future victories? Is our cause so menial as to justify deserting it because of some bad news or some new challenges? Do we turn back just because the hill we have to climb got a little steeper?

I think you know the answers to those questions.

This is NOT the time to abandon principles. I can’t speak for you but some day I want to go to my reward and be able to look back and say, “I never gave up. I never became part of the problem I tried to solve. I never gave the other side the luxury of winning anything without a fight. I never missed an opportunity to do my best for what I believed in, and it never mattered what the odds or the obstacles were.”

Let’s remember that we stand on the shoulders of many people who came before us and who persevered through far darker times. I think of the brave men and women behind the Iron Curtain who resisted the greatest tyranny of the modern age, and won. I think of those like Hayek and Mises who kept the flame of liberty flickering in the 1930s and ‘40s when the whole world must have seemed mad for statism in one form or another. I think of the heroes like Wilberforce and Clarkson who fought to end slavery and literally changed the conscience and character of a nation in the face of the most daunting of disadvantages.

I think of the patriots who shed their blood for American liberty and suffered through unspeakable hardships as they took on the world’s most powerful nation in 1776. I think of martyrs of the Reformation. And I think of the Scots who, 456 years before the Declaration of Independence, put their lives on the line to repel English invaders with these stirring words: “It is not for honor or glory or wealth that we fight, but for freedom alone, which no good man gives up except with his life.”

As I thought about what some of those great men and women faced, the obstacles before us today seemed rather puny. I’m ashamed that for a moment I let a little election get me down.

If you want my advice, we should not squander a second feeling bad for ourselves. This is a moment when our true character, the stuff we’re really made of, will show itself. If we retreat, that would tell me we were never really worthy of the battle in the first place. But if we resolve to let these tough times build character, teach us to be better and smarter at what we do, and rally our dispirited friends to new levels of dedication, we will look back on this occasion some day with pride at how we handled it. It’s already past 9 am. Have you made any calls to cheer anybody up yet?

Believe me, the folks who for the moment are basking in victory and salivating for the opportunities they may soon have to deploy more force and coercion in our lives are not divinely-inspired geniuses. They are not going to be the first bunch in the history of the planet to figure out how to make big government work. They are far more likely, in fact, to give those who believe in liberty some unique opportunities to drive home our arguments with more eloquence and effect than ever before. When they flop, will the right ideas be lying around, ready to go, to make change for the better? That depends on us. Will we rise to the occasion?

Use this time to think about how you can do more for liberty and do it better, reaching larger audiences in ways that turn lights on people’s minds. Support others who are working full-time on liberty’s behalf. INspire, don’t EXpire!

So in the course of a few hours, I’m happy to say I’ve traversed from a moment of despair to a smile and a sunny optimism, to an eagerness to accept the challenge and get down to work. To all those out there who are hoping people like you and me will go quietly into the night, just keep thinking that. You’re in for some unexpected surprises.

Onward and upward! Larry

Lawrence W. Reed is newly aboard as president of the Foundation for Economic Education in Irvington NY. He is also president emeritus of the Mackinac Center for Public Policy in Midland, Michigan, which he founded two decades ago.