Turning Tea Party Patriots into Political Petitioners
by Patrick Tuohey
As Americans rise up all across the country to challenge a political elite that many believe does not listen to them, it is important to consider the tools that people in many states have employed to directly affect change: the petition.
In Missouri, our Constitution includes the following passage:
The people reserve power to propose and enact or reject laws and amendments to the constitution by the initiative, independent of the general assembly, and also reserve power to approve or reject by referendum any act of the general assembly, except as hereinafter provided. (Article 3, Section 49)
The document clearly states that the people possess the right to initiate laws and constitutional amendments, even though they grant those same powers to their representatives in the legislature. This is an important since it permits the people to enact laws directly and without going through the standard legislative process.
Unfortunately, in Missouri and other states where the people enjoy this right, the initiative process is continually under assault from state legislatures—Republican and Democrat alike—even to the point of adopting unconstitutional limitations to them. Such efforts have included the following:
- A 1969 law in Oklahoma required that petition circulators be state residents. In December 2008, the Tenth Circuit Court unanimously struck down that law as unconstitutional. The Court did the same to a similar law in Colorado in 2002.
- A 2005 law in Ohio that restricted petition gatherers from being paid per signature was struck down by the Sixth Circuit Court struck in March 2008. Ohio appealed the decision but the U.S. Supreme Court declined to hear it. Similar pay-per-signature regulations have been overruled by federal district courts in Idaho, Maine, Mississippi and Washington.
- A Colorado law that required petitioners to wear badges with their name and whether they were a volunteer or paid circulator was struck down as unconstitutional by the U.S. Supreme Court in 1999.
A common argument for limiting the petition process is that it puts too much money into politics or that it invites fraud. Yet courts have found this not to be the case. In the 2005 ruling against Ohio, the Court concluded that prohibiting payment per signature would increase the costs and the time necessary to obtain the required signatures. The Court also rejected the evidence that this particular form of payment resulted in fraud.
Other legislators worry that petition drives can be funded and operated by people living out-of-state. In a December interview with the Springfield News-Leader, Rep. Michael Parson (R-133) said, “What’s happening is a company or a special-interest group can come in from out of the state, basically unload the signature gathers (from a bus), do a marketing campaign and change the Constitution of the State of Missouri.” It is important to note that Parson’s concern about out-of-state money and campaign workers doesn’t extend to candidate elections, like his own. His legislative efforts would only regulate out of state activity on campaigns for ballot initiatives, not campaigns for politicians.
Organizations such as Citizens in Charge are dedicated to preserving petition rights and even expanding them into new states. This is the first place tea party organizers should turn when considering how to leverage their clout. Ballotpedia.org is a website offering information about various ballot initiatives in Missouri and elsewhere. This service is important, because often the keys to the petition process are held by the executive and legislative branches—the very groups that the petition process is intended to circumvent. Even if a petition makes it to the ballot, the language that appears on the ballot may be written to opponents to change.
The Missouri general assembly recently debated real and substantive improvements to the initiative process, but the legislation did not survive the frenzied final few hours of the session. Look for these efforts to continue in January, and to remain a battleground all over the country.
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45 Comments
Yes, it is time we all wake up and as a group exercise all of our rights !
Thank you for the info and please keep up the great work !
" Other legislators worry that petition drives can be funded and operated by people living out-of-state. In a December interview with the Springfield News-Leader, Rep. Michael Parson (R-133) said, “What’s happening is a company or a special-interest group can come in from out of the state, basically unload the signature gathers (from a bus), do a marketing campaign and change the Constitution of the State of Missouri.” It is important to note that Parson’s concern about out-of-state money and campaign workers doesn’t extend to candidate elections, like his own. His legislative efforts would only regulate out of state activity on campaigns for ballot initiatives, not campaigns for politicians. "
Gee isn't that what ACORN does?
[...] This post was mentioned on Twitter by Michael Chavez, DRIP USA and AZ grassroots. AZ grassroots said: Turning Tea Party Patriots into Political Petitioners http://bit.ly/15U5in #dripusa #ocra #tcot [...]
It's great to see America waking up, finally! Now maybe it's time that the Politicians wake up as well. They seem to think that We The People are NOT serious! They don't seem to think that We The People ARE the boss! And they don't think We Will taking OUR Nation back!! Let's show them We The People mean exactly what we are saying!!
The problem is not our laws – the problem is a leadership elite who cannot and will not abide by, and enforce those laws. Examples – Charlie Rangel – How many of us could skip paying taxes on millions of dollars of income?? Next, Tim Geither – how about that guy? Or the new safe schools czar advising juvinille boys to have sex with older men – it's a felony everywhere but Vermont. These are a few of the problems off the top of my head – oh – let's not forget ACORN – the entire thing is a criminal organization allowed to operate for years by Republicans who don't enforce the law and Democrats who ignore the law.
The problem is that the patriots have to vote the crooks out, impeach the corrupt judges, and take the schools back from the education union – notably the NEA.
All of this is being done in Virginia with lots of tea party 'mobs' targeting politicians who raise taxes and abuse the law rather than enforce the law
Frankly, those in government are their on our behalf. Elected reprenentatives, sent there to represent US. They have done their jobs poorly.
…"basically unload the signature gathers (from a bus), do a marketing campaign and change the Constitution of the State …"
Hmmm…..Bus….ACORN…..Campaign…..Change.
Ok, we follow your logic.
Hope and Change.
More evidence, if any was needed, that the courts are way way too far left.
Oba-Mao just today said the that he needs to spend another trillion on government rationed healthcare to fix the economy. He didn't say HOW that would fix anything, just that we need to spend another trillion. Does that make sense to anyone?
I think it's time we stop the ridiculous government spending …
Something is very wrong when GOVERNMENT makes laws — does not enforce these laws that end up favoring corrupt politicians and not the people that they are supposed to represent!!!
I love this site and comments but, we must get out and inform our friends, neighbors and family. We are the choir, time to sing to the flock.
[...] more here: Turning Tea Party Patriots into Political Petitioners By admin | category: Tea? | tags: believe-does, diet, frame, freedom2, initiative, [...]
You are right, 100%. We can sit here and piss and moan until the next election fiasco, but until WE mobilize with all the Militant fervor that ACORN has used, we are ineffectual.
The petition or initiative process has its downside, too. So much so, in fact, that it's part of the problem here in California. It's simply too easy for special interests to get a measure on the ballot: too few signatures are required, and those gathered are usually from people who are in too much of hurry to finish their shopping, so they really don't understand what it is they're asking to have put on the ballot. Then the initiative itself is often so complicated that only a lawyer can understand it, and the voter who might be willing to slog through one or two (on top of everything else he or she has to do in life) finds himself overwhelmed by a ballot that may contain over a dozen such examples of tangled-up lawyerese. I still recall three insurance measures sponsored by three different sets of special interests about 10-15 years ago (Measures 103,104, and 105) that no one outside of an insurance lawyer could parse. Too often, the voter then just throws up his hands and votes for whichever one sounds good, without really understanding it.
And then, of course, come the asinine ad campaigns that hit you with everything but rational arguments. In the end, we wind up with bad legislation and, through bond issues sponsored by this or that group, mounting debt.
I'm not saying the initiative process is bad or that it should be done away with, but it has serious weaknesses in many states (including CA) that have allowed it to be exploited and corrupted away from its original purpose: as a method for the people to bypass recalcitrant legislatures to enact needed reforms. It was created here, for example, to break the lock the railroads had over the legislature. (At the end of the 19th century, it was a common joke that California's capitol was really the offices of the Union Pacific and Southern Pacific railroads.)
Now, however, it's over-used and abused. The right of the people to petition government and the ballot initiative are good things, but too much of a good thing can have bad results. I've been watching that happen here for over 30 years, now, since I became a voter. The initiative process itself needs reform.
Ayup, these multi-billion dollar bond issues for pixie dust and the Vegas Express are part of the downside. At least we did manage to turn down the "green energy" boondoggle in LA last spring. The initiative process, or any other democratic process including electing representatives, needs a thinking and informed populace.
[...] Originally posted here: Turning Tea Party Patriots into Political Petitioners [...]
Yeah, sometimes the initiative process works perfectly, as when we smacked down the tax-raising measures in the special election last May. The public was unusually angry and focused, then. But too often we pass boondoggles like the bullet-train bond issue and the stem-cell research bond measure because it "sounds good and makes us feel good." Like you say, it doesn't work without an electorate that stops to think.
It seems, the bottom line is that the powerful elite rulers do not think we the people are very smart and that they must control us. They are beginning to see that we the people have been gittin some learnin and WE AIN'T GONNA TAKE THEIR CRAP ANY MORE!
I see the only way to cleanse government is for "We The People" by the million to march right up the stairs into the WH and boot everyone out, the same with congress! And start all over!
"United WE Stand, Divided We Fall!"
They look down their condescending snouts at US, and think to themselves: "Look at them, they sure are getting above their raisings….."
Is this the new "Civilian Police Force" that Obama said he would create, that would be as strong as our military?
A police force created to protect his "Shadow Government"?
http://blogs.usatoday.com/ondeadline/2009/10/a-se...
BREAKING NEWS
They are going to force H1N1 vaccines on children in Massachusetts…
http://mywhitehouse.org/2009/10/03/forced-quarant...
Be prepared
I don't think it's time for the politicians to wake up. I think it's time for most of them to go home for a nice LONG nap.
Well this is just a little chilling. I don't know if any of the reporters have done this, but check out what I was able to get from The Better Business Bureau website:
Business Name / Address:
American Police Force
1701 Pennsylvania Avenue, NW, Suite 300
Washington, DC 20006
Type of Business: Security Guard & Patrol Service
BBB Accreditation: No
Is this is the same company???
There is an AP story, linked in another post below, and several news organizations in Montana reporting on this as well. Even with all that, this is the first I have heard of it and I have some questions:
1. What does a security company need with a jail?
2. How is this company going to finance paying off bonds, "…military and law enforcement training center with a 250-bed dormitory and an expansion of the jail to 2,000 beds. The company says it will build a homeless shelter, offer free health care for city residents and even deliver meals to the needy."?
3.Why is this company and its plans such a secret? (They will not reveal the name of their parent company.)
4. Why did "Mercedes SUVs belonging to APF began showing up recently in town with magnetic decals that said "City of Hardin Police Department." The decals were later removed."
Maybe the best question is are they getting Stimulus Money???
This is just incredibly suspicious. I would hope that the Hardin County government would do a LOT of research before they sign anything with this group. Funny tho that it would be Montana they would target. Isnt that a favorite place for survivalists and private militias??
I doubt that secret cameras will work this time. I hope this story breaks wide open. Wonder if the refounders know anything about this?
Cynthia
Eastern Montana is an armed camp right now. It'll only take one spark to have another Ruby Ridge or Waco.
The initiative process in California has been corrupted by "legislative initiatives", which are also presented as ballot propositions, but otherwise look like citizen initiatives. Mainly, these are issues the legislature doesn't want to take responsibility for (usually large bond issues and other tax schemes) so they pass them off to the voter. Without the legislative initiatives, there would be far fewer ballot measures.
http://www.breitbart.tv/the-b-cast-c-side-what-is...
Breitbart and Big Government, it is now time you look into the developing story with the "American Police Force" at the Two Rivers Authority Prison in Hardin, Montana.
http://www.google.com/hostednews/ap/article/ALeqM...
The Obama Administration has been looking for a "New Crisis" to take the attention off the "Last Crisis". This just might be the catalyst they need.
It is time for Breitbart once again to take a leadership role and get out in front of this story and make news.
In 1991, the Republicans in New Jersey backed initiative and referendum for New Jersey in their race for the state legislature and they did so well because of the unpopular governor Jim Florio (who lost to Whitman 2 years later) that they gained veto-proof majorities in both houses and thus effective control of the legislature. While they made good on their promise to roll back a sales tax increase, they quickly lost their enthusiasm for initiative and referendum and it became clear that they never really intended to implement it and had counted on the Democrats maintaining enough control over the legislature that it would be blocked if they tried to pass it. When that didn't happen and nothing was stopping them from passing it, they had no choice but to publicly change their mind and claim that they didn't support it after all. As this New York Times article from the time put it:
<a href="http://www.nytimes.com/1992/07/18/nyregion/citize…” target=”_blank”>http://www.nytimes.com/1992/07/18/nyregion/citize…
"A crucial Assembly floor vote on whether to allow New Jersey citizens to make laws through petitions and referendums is scheduled for Monday, but Republican leaders are already conceding that their members have lost enthusiasm for the concept since they took control of the Legislature last November."
Yeah, why should legislators share power with the people. And people wonder why Republicans do so badly in New Jersey.
It truly is amazing how far down many people are on the learning curve. (Perhaps why Beck is kicking butt in the ratings game because he breaks it down to a kindergarten level.) At least where you live you have a good shot at turning the flock around…and I wish you enormous success.
I venture outside of my domain and the flock in a bunch of Berkeley and Santa Monica hyper-liberal pigeons. And that's not the scary part. The scary part is when they talk and you discover how totally and completely uninformed they are about reality. And they get perverse pleasure in aligning themselves with the ignorance.
One example (right before the election): "Obama and Hillary are going to bring the troops back and they'll help save housing with all that money that they've been making." Three major issues here that I'd have to explain to them. First and foremost….don't they know that Obama and Hillary hate each other? Blasphemy.
Political petitions – with that American-hating Hungarian Soros out there – can cut both ways.
A third party would be a better plan IMHO.
HEY…as long as your reading the Constitution, look up the "Bill of Attainder" part of the Constitution. That should give you a pretty good idea as to why the Republicans in Congress have intentionally stalled the Defund ACORN Act.
The signature requirements are actually far too high in California: only the special interests can afford to run initiatives, and grassroots efforts are squeezed out. The requirement is so high that no initiative has qualified for the ballot without paid signature collectors in over two decades. The reform that is needed is to make it easier for normal people to use the process.
That California's budget problems are the fault of the initiative process couldn't be more of a myth. It is the big spenders in Sacramento that are the problem. Initiatives control about 2-3% of the state budget if you discount Prop 98 mandated education spending. As for Prop 98, spending on education before the initiative was nearly the same as after, and mandating the state to spend what it would have already spent is only a mandate in name. Don't forget that without the initiative process there would have been no Prop 13 tax caps, no would there have been the national tax revolt that that sparked. I point you to to a recent WSJ piece: http://online.wsj.com/article/SB10001424052970204...
The left can very easily raise taxes and spending and increase government through the state legislatures. What state legislatures won't do it cap taxes and spending or create electoral reforms that mane 3rd parties possible. Soros and the statists don't need that initiative process, people who like freedom do, and it cuts our way about 80-90% of the time.
[...] previous post, Turning Tea Party Patriots into Political Petitioners, examined opportunities for new activists to affect change in their home states. A natural next [...]
[...] previous post, Turning Tea Party Patriots into Political Petitioners, examined opportunities for new activists to affect change in their home states. A natural [...]
[...] previous post, Turning Tea Party Patriots into Political Petitioners, examined opportunities for new activists to affect change in their home states. A natural next [...]
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I have my own version of cap and trade. We cap their powers and trade all of these socialist out in the next election.
have my own version of cap and trade. We cap our representatives powers and trade all of these socialist out in the next election.
Report
I have my own version of cap and trade. We cap our representatives powers and trade all of these socialist out in the next election.
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[...] Big Government. The title is Turning Tea Party Patriots into Political Petitioners. “…As Americans rise up all across the country to challenge a political elite that many believe does not listen to [...]
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