Boots & Sabers

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Tag: Washington County Daily News

Evers chooses partisan politics over good government

My column for the Washington County Daily News is online and in print. This morning I’m seeing that Evers is reconsidering the date, but is still considering some arbitrary date in January. The easiest and most sensible thing is to just hold the special election during the April cycle. That is, it is the easiest and most sensible thing if Evers isn’t trying to use this for political advantage.

Despite the attempts by his media allies to portray him as a genteel great-grandfather, Gov. Tony Evers has proven to be as rabidly partisan as any governor in recent memory. In the most recent example, Governor Evers has used his routine power and responsibility to set the date of a special election in a way that baffles voters, depresses turnout, and unnecessarily costs taxpayers thousands of dollars. He was willing to do all of that in order to create a possible political advantage for the Democratic Party.

[…]

The date that Evers chose for the special election is Monday, Jan. 27, with a primary on Monday, Dec. 30. Evers claimed that he wanted to ensure that the citizens of the 7th District were without representation for as little time as possible and January 27 was the soonest he could have called an election. That is untrue. By statute, the governor could have called the election as early as December 24. Christmas Eve would have been a poor time for election but holding the election a full 33 days later is not the earliest convenient date.

Then, Governor Evers chose a Monday. There is not a law that says that special elections must be held on a Tuesday, but generations of Wisconsinites have been conditioned to go to their polling places to vote on Tuesdays. There was no compelling reason to change that tradition in this case other than Governor Evers was trying to leverage some angle.

So why would Governor Evers schedule a special election on a Monday in late January? The date will depress turnout and cost the taxpayers thousands of dollars to pay for the special election. Why? The simple answer is: partisan political advantage.

First, in a Republican-leaning district, Governor Evers is hoping that by depressing turnout, it will benefit the Democratic candidate. An energized minority can beat a complacent majority if the turnout is small enough. It is a long shot, but Evers is willing to do his part.

Second, and perhaps more importantly, the voters of Wisconsin will be electing a state Supreme Court Justice on the April ballot. While a nonpartisan race, recent history has seen liberals and Democrats line up behind one candidate and conservatives and Republicans support the other. Evers is hoping to minimize turnout in the Republican-leaning 7th District for the April election by not giving the voters something that may motivate them to vote on more than a dull Supreme Court race.

The most sensible thing for the governor to have done would have been to just hold the special election during the April election. It was the most cost-effective choice and would have ensured the largest turnout. Choosing the April election would have been just good government. Instead, Governor Evers chose a date designed to benefit his party at the expense of the voters and taxpayers of the 7th Congressional District.

Governor Evers is considering tyranny

Here is my full column that ran in the Washington County Daily News yesterday. Enjoy!

Not willing to concern himself with Constitutional constrictions or with concocting actual solutions to America’s crime problem, Governor Tony Evers announced two pieces of anti-civil rights legislation. The first bill is for Wisconsin to implement red-flag laws. The second bill is for universal background checks. Neither bill stands much chance in a legislature where civil rights are valued and protected, but it was what Evers said during the announcement that revealed his more tyrannical inclinations.

As for the bills that Evers proposed, this column detailed how red-flag laws are unworkable if we are still insistent on maintaining our 1st, 2nd, and 4th Amendment rights, and I hope that we still are insistent. So-called universal background checks are not necessarily constitutionally odious, but they impose a heavy regulatory burden on law-abiding citizens without actually doing anything about crime. The worst part about the imposition of universal background checks is that it allows politicians to claim that they are doing something when, in fact, they have done nothing except inconvenience a bunch of innocent people.

During the press conference announcing his proposals, Governor Evers was asked by a reporter if he would be willing to support a mandatory gun buyback program. Evers answered by saying that he would “consider it.” Only someone completely devoid of any respect for history and our civil rights would even consider such an oppressive idea.

The key word in mandatory gun buybacks is “mandatory.” We have had gun buybacks for years where misguided do-gooders and cynical politicians give people money for their old guns so that they can pretend to take guns out of the hands of criminals. Voluntary gun buybacks are useless in terms of crime prevention, but harmless.

“Mandatory” gun buybacks are exactly that. It is the government forcing citizens to surrender their firearms to the government, and if the citizens refuse, the government will use the full violent force of government to compel the citizens to comply. This force includes depriving citizens of property, liberty, and in the case of an armed confrontation, possibly life.

If you think that mandatory gun buybacks would stop at the “scary-looking gun du jour,” like the AR-15 or the AK-47, you have not paid attention to history or human nature. Once all of those are wrested from the hands of unwilling citizens, the despots will simply move onto the next target in the gun safe.

This is what Governor Evers casually said that he would consider. He would consider a full assault on our civil rights by having our government use its police power to confiscate firearms from law-abiding people. It is a disgraceful and tyrannical attitude from our governor.

Unfortunately, Governor Evers’ willingness to violate our civil rights is part of a growing trend in the radicalized Democratic Party. In the past, even liberal Democrats who supported more gun control laws would insist that they would never advocate taking away our guns. Now liberals like Governor Evers are quite willing to admit that they want to take away our guns.

With the liberals’ resurgent interest in trammeling our civil rights, it is important that all of us make a firm statement in the voting booth that we will not tolerate such an assault on our rights. In April, Wisconsinites will have the chance to affirm that we insist that our government remain restrained by our state and federal constitutions by electing Justice Dan Kelly to the Wisconsin Supreme Court.

After spending a career in private practice, Justice Kelly was appointed to the Supreme Court by Governor Walker after Justice David Prosser resigned from the court in 2016. In his almost three years on the court, Justice Kelly has honored his promises and honored his commitment to be a humble defender of the rule of law and our individual rights.

Governor Evers may consider assailing our rights and seizing our guns, but he and his fellow liberal travelers will never be able to do it as long as judicial conservatives sit on the Supreme Court. Electing Justice Kelly to a full term on the bench is our next chance to make our will known at the ballot box.

Governor Evers is considering tyranny

My column for the Washington County Daily News is online and in print. Pick up a copy!

“Mandatory” gun buybacks are exactly that. It is the government forcing citizens to surrender their firearms to the government, and if the citizens refuse, the government will use the full violent force of government to compel the citizens to comply. This force includes depriving citizens of property, liberty, and in the case of an armed confrontation, possibly life.

If you think that mandatory gun buybacks would stop at the “scary-looking gun du jour,” like the AR-15 or the AK-47, you have not paid attention to history or human nature. Once all of those are wrested from the hands of unwilling citizens, the despots will simply move onto the next target in the gun safe.

[…]

With the liberals’ resurgent interest in trammeling our civil rights, it is important that all of us make a firm statement in the voting booth that we will not tolerate such an assault on our rights. In April, Wisconsinites will have the chance to affirm that we insist that our government remain restrained by our state and federal constitutions by electing Justice Dan Kelly to the Wisconsin Supreme Court.

Washington County to have an elected executive

Here is my column that ran in the Washington County Daily News yesterday.

After much debate and a second vote by the County Board, Washington County will have a county executive. The structural change in government offers the citizens of Washington County an opportunity to reset the direction of the county for years to come.

The vote by the County Board last week to change the county’s form of government from a county administrator to a county executive came after the same board rejected the idea in June. Washington County has long had a form of government where the executive function is delegated to a hired administrator by the County Board. The county administrator is unelected and responsible to the County Board that hired him or her.

There is nothing inherently wrong with a county administrator form of government. In it, the elected County Board exercises both the legislative and executive functions of government with the executive functions being completed by a hired employee. This form of government ensures that the executive function will be completed by a competent executive, but all of the power is retained by the County Board.

The choice by the County Board to enact a county executive form of government represents a distinct ceding of power from the legislative branch of government to the executive branch of government. An elected county executive has to power to hire and fire department heads and veto County Board actions. Perhaps most important of all, an elected county executive is responsible to the voters, not the County Board. The County Board will no longer be able to fire a recalcitrant executive. In our county’s new form of government, the executive branch will truly be an independent, coequal branch of government.

The two things that a county executive form of government provides are accountability and direction. In our current county administrator form of government, accountability is diffused and it is difficult for citizens to hold their county government responsible. For example, if a county citizen is upset with a pockmarked county road, or the fee for county parks, or county transit, what can he do?

He can complain to the relevant county officials, but they are all ultimately responsible to the County Board. A citizen can complain to his or her County Board supervisor, but no single supervisor can enact change. It would take a citizen, or a coalition of citizens, complaining and getting 14 individual County Board supervisors to support making a change. If those supervisors will not act, it would take finding 14 people of like mind to run for office and win in order to change the makeup of the County Board. Ultimately, the county administrator form of government insulates the county bureaucracy from accountability.

As we see in other counties that already have an elected county executive who is responsible to the voters, having a single executive allows the citizens to hold that executive accountable if he underperforms or otherwise misbehaves. The county executive is not wholly responsible for policy, but he or she is responsible for the fair and quality execution of that policy. That kind of accountability has a ripple effect through any large organization.

The second thing that an elected county executive provides is the opportunity to establish a vision for the county. Washington County is in transition. While still largely rural with important rural interests, the county is becoming increasingly urban with important commercial and residential interests. What will the Washington County of 2025, 2030, or 2050 look like? With an interstate, land to build, airports, and a fantastic workforce, will Washington County aggressively compete for the economic growth being spurred in the rest of southeast Wisconsin? Or will we prefer to leverage the county’s idyllic natural beauty to attract commuters and nature enthusiasts? Or something in between? What is the right mix and balance?

These are the things that a county executive will help define and give the voters the opportunity to choose the direction they want. And, more importantly, if a county executive takes the county down a path that the voters do not want, it only takes a single election to change direction.

As candidates for county executive step forward to ask for our votes over the next few months, I welcome an array of competing visions for the future of our county so that we, the voters, may debate and decide the future direction of Washington County.

Washington County to have an elected executive

My column for the Washington County Daily News is online and in print. This week it’s actually about Washington County. Pick up a copy!

After much debate and a second vote by the County Board, Washington County will have a county executive. The structural change in government offers the citizens of Washington County an opportunity to reset the direction of the county for years to come.

[…]

The second thing that an elected county executive provides is the opportunity to establish a vision for the county. Washington County is in transition. While still largely rural with important rural interests, the county is becoming increasingly urban with important commercial and residential interests. What will the Washington County of 2025, 2030, or 2050 look like? With an interstate, land to build, airports, and a fantastic workforce, will Washington County aggressively compete for the economic growth being spurred in the rest of southeast Wisconsin? Or will we prefer to leverage the county’s idyllic natural beauty to attract commuters and nature enthusiasts? Or something in between? What is the right mix and balance?

These are the things that a county executive will help define and give the voters the opportunity to choose the direction they want. And, more importantly, if a county executive takes the county down a path that the voters do not want, it only takes a single election to change direction.

As candidates for county executive step forward to ask for our votes over the next few months, I welcome an array of competing visions for the future of our county so that we, the voters, may debate and decide the future direction of Washington County.

Sensenbrenner’s final term

My column for the Washington County Daily News is online and in print. Here’s a taste, but go pick up a copy!

One of the reasons for Congressman Sensenbrenner’s success and longevity in office is that he never forgot his constituents. Every year, in good times in bad, in power or in the wilderness, in the heat or cold, Congressman Sensenbrenner could be found out in his district. He walked in parades, attended the rubber- chicken dinners of local organizations, worked through local festivals, enjoyed the county fairs, and so much more. There used to be a joke that whenever and wherever three residents of the Fifth District gather, one would find Jim Sensenbrenner.

Congressman Jim Sensenbrenner will be justifiably lauded for his accomplishments. He has truly been an anchor for Wisconsin Conservatism for a generation and an instrumental part of Wisconsin’s history. But I hope he will also be lauded for never losing sight of the fact that he was, first and foremost, a representative, in the full and truest sense of that word.

Jim Sensenbrenner will have a successor, but he will never have a replacement.

Another year, another tax surplus

Here is my full column that ran in the Washington County Daily News yesterday.

In a fitting coda to the two remarkable terms of Governor Scott walker, the Legislative Fiscal Bureau released a report last week showing that the preliminary general fund tax collections for fiscal year 2019 came in a whopping $702.6 million more than anticipated. Such a number demonstrates the remarkably good shape in which Walker left the state economy and the state’s finances.

When the Legislature and the governor write a budget, they have to estimate the amount of revenue that the various taxes will generate for the state. This estimate is based on the tax laws in place combined with economic forecasts. As with any estimate, the further one looks into the future, the less certainty there is with the number.

When the Legislature passed the previous biennial budget which just came to a close, they estimated that they would collect $16.6 billion in taxes including income taxes, sales taxes, corporate taxes, excise taxes, public utility taxes, and the other many and varied taxes extracted from the people of Wisconsin. Based on the preliminary data, the state actually collected $17.3 billion in taxes leaving a $700 million surplus. For a little historical perspective, the state of Wisconsin ended the fiscal year with more tax collections than expected in six of the eight Walker budget years.

This tax surplus gives us a few critical insights. First, it was not that long ago that Wisconsin’s budget was in an annual crisis with tax revenue falling short of projections. Coupled with overspending, Wisconsin had massive annual deficits. You might remember when Governor Walker first sat behind the governor’s desk, he was handed a massive budget deficit that required an immediate Budget Repair Bill, a.k.a Act 10. Governor Walker and the conservative Republican majorities in the Legislature, quickly righted the ship of state over the violent objections of the Democrats. Wisconsin has enjoyed budget surpluses ever since.

Second, recall that tax surpluses are simply a factor or the state collecting more than they estimated they would collect. These estimates have often been used in other states and in previous eras in Wisconsin to create phony budgets. Wisconsin must pass a balanced budget. Unlike the federal government, a state does not have the power to print money, so the state must account for every dollar spent.

In order to create the fiction of a balanced budget to support more spending, politicians will inflate tax revenue estimates for the budget. Then, when actual tax revenues fall short of the inflated estimates, the same politicians will enact new taxes or borrowing to pay the bills. It is a cynical method of budgeting by crisis. The consistency of the tax revenue surpluses during the Walker budgets show that the Republicans used responsible, conservative tax revenue estimates to create their budgets.

Third, the tax surplus is a result of the fact that Wisconsin’s economy is booming thanks in part to the economic policies Governor Walker and the Republican- led legislatures of recent years. Taxes are generated when money moves. Money moves when the economy is healthy. With more people employed in Wisconsin than ever before, businesses thriving, new construction happening everywhere, and people spending their higher incomes, the state of Wisconsin gets a slice of every dollar that moves.

As the Republicans cut taxes several times over the previous eight years, the money that people kept was put to good use in our economy, thus creating more wealth, more income, more spending, and, yes, more tax revenue. As has been demonstrated time and time again, when the tax burden is too heavy, cutting taxes always feeds more economic activity and results in more tax revenue. And the tax burden in Wisconsin is still far too heavy.

The one significant black mark on the Walker budget years is that while the state had budget surpluses, Walker and the Republicans still increased spending every single budget. And in the most recent budget, with Republicans controlling the Legislature and Governor Evers in power, the notion of any spending constraint was abandoned. At some point, the economy will enter a recession, tax revenues will collapse, and we will all regret that we failed to control spending during the good times.

 

Another year, another tax surplus

My column for the Washington County Daily News is online and in print. Here’s the start:

In a fitting coda to the two remarkable terms of Governor Scott walker, the Legislative Fiscal Bureau released a report last week showing that the preliminary general fund tax collections for fiscal year 2019 came in a whopping $702.6 million more than anticipated. Such a number demonstrates the remarkably good shape in which Walker left the state economy and the state’s finances.

Our rights are not ‘BS’

Here is my full column that ran in the Washington County Daily News yesterday.

Gov. Tony Evers is still pushing for the Wisconsin Legislature to pass new gun-control legislation and threatening to call a special session to do so. He went so far as to call people’s concerns over his gun-control measures as “BS,” as if adult deliberation and constitutional considerations are now unwelcome in Madison. At the risk of our governor stamping his feet and pouting, let us explore the legitimate concerns with his proposals.

Evers is advocating two new gun-control laws. The first law he wants is universal background checks. The concerns over universal background checks are not so much constitutional as practical. Under current law, any person who purchases a firearm from a gun store or licensed firearm dealer is required to pass a background check. This includes sale of guns at gun shows.

Current law does not, however, require background checks for a private sale or transfer of a firearm. Universal background checks would require that someone undergo a background check in virtually all circumstances. In some versions, this includes when a firearm is passed through inheritance, given as a gift, or even loaned. While probably not constitutionally prohibitive, such checks are monstrously unwieldy. It puts the burden of conducting a background check onto private individuals and criminalizes them if they fail to comply. In their worst derivations, universal-background-check laws require a firearm registry to track the movement and ownership of firearms. The cost and hassle of enforcement and compliance far exceed the usefulness of the law.

A red flag law is far more problematic. The premise of a red flag law is that people who are about to commit mass murder often exhibit troubling behaviors that could be reported so that government officials could confiscate their firearms before they do something bad. The problem with a red flag law is not even its flagrant assault on our Second Amendment rights. The problem it the fact that it tramples on our First, Fourth, and Fifth Amendment rights to get to our Second Amendment Rights.

Under a red flag law, a person’s First Amendment right to speak freely would be infringed. If a person makes some uneasy, outlandish, or even violent statements, the government could seize their firearms. For every mass killer who said something stupid and violent, there are a million other Americans who have said something stupid and violent and never acted on it. A red flag law would have the government cracking down on people for the simple act of saying the wrong thing at the wrong time in front of the wrong people.

Our right to be secure in our “persons, houses, papers, and effects against unreasonable searches and seizures” is protected by our Constitution’s Fourth Amendment. Under a red flag law, the government would be given the power to arbitrarily seize a person’s firearms because another person thinks they might be dangerous. Surely, such a low standard cannot be construed to be reasonable, or the notion of being secure in one’s person is rendered meaningless.

Our Constitution’s Fifth Amendment protects the people from being “deprived of life, liberty, or property without due process of law.” Under a red flag law, the entire point of it is that the government seizes the firearms without needing to actually convict someone of a crime. The person whose firearms are seized is utterly deprived of due process except for the process to get his or her firearms returned. Even then, the burden rests on the accused to prove that he or she does not intend to commit a crime in order to have the firearms returned. The shift of the burden of proof, coupled with the impossibility of proving a negative, undermines the rule of law.

With a red flag law in place, the government would bulldoze through at least three constitutionally protected rights before depriving a person of the constitutionally protected right to keep and bear arms.

When considering any proposed law, a good rule of thumb is to imagine the law being enforced by your worst enemy. Universal background checks and a red flag law could be brutally enforced by a despotic government and still not stop a single mass murder.

Governor Evers knows that the Republican Legislature is too responsible to pass these laws, so he has the luxury of posturing for the media. But the governor’s casual and crude disregard for the rights that these laws would trammel is precisely why they should not be passed.

Our rights are not ‘BS’

My column for the Washington County Daily News is online and in print. Go pick up a copy, but here’s how I sum it up:

With a red flag law in place, the government would bulldoze through at least three constitutionally protected rights before depriving a person of the constitutionally protected right to keep and bear arms.

When considering any proposed law, a good rule of thumb is to imagine the law being enforced by your worst enemy. Universal background checks and a red flag law could be brutally enforced by a despotic government and still not stop a single mass murder.

Governor Evers knows that the Republican Legislature is too responsible to pass these laws, so he has the luxury of posturing for the media. But the governor’s casual and crude disregard for the rights that these laws would trammel is precisely why they should not be passed.

 

Wisconsin’s Democratic rising star

Here is my full column that ran in the Washington County Daily News yesterday.

Wisconsin Lt. Gov. Mandela Barnes has risen to be a leading light in Democratic circles and will likely have a role in the national Democratic convention next year. Unfortunately, as Wisconsinites have gotten to know our new lieutenant governor in the fraction of a year since he took office, we have learned that the man who is a breath away from being our governor has a detached relationship with the truth and a penchant for blaming others for his misdeeds.

The most recent revelation is that Barnes lied about being a college graduate. For years, Barnes has represented himself as a graduate of Alabama A&M University. He did so in various media interviews, on podcasts, and on social media. His graduation status was shared in innumerable news stories about Barnes that he never bothered to correct. It turns out, however, that Barnes never actually graduated. In an interview with The Isthmus, Barnes admitted that he did not graduate. He shared some excuses and stories about why he did not graduate, but nobody knows if he is telling the truth about that either.

During the same interview where Barnes finally confessed, he revealed another unappealing part of his character. He blamed a staffer for the lie. Last year, Barnes claimed that a staffer incorrectly identified him as a graduate in a candidate questionnaire for the Wisconsin State Journal. The problem is that the questionnaire was not the only place where Barnes claimed his higher education, nor does the fact that a staffer filled out the form absolve Barnes from responsibility for its content. After all, the staffer must have learned Barnes’ alleged graduation status from someone — most likely Barnes himself. For Barnes to blame a staffer for a falsehood that Barnes perpetuated for years is an ugly character trait. This incident with Barnes is part of a pattern of behavior. In June, almost six months after they were due, we learned that Barnes had not yet paid his 2018 property taxes in Milwaukee. Once again, Barnes’ first reaction was to lie. He claimed that he was paying his property taxes on an installment plan, but that lie quickly fell apart when the city treasurer disclosed that he was not doing an installment plan and had not made any payments whatsoever.

Barnes also still owes some property taxes from 2017, but claimed that the bill was sent to the previous owners. The problem, as any property owner knows, is that the property taxes follow the property, not the owner. One again, Barnes is caught doing something wrong, tried to lie about it, and then, when caught, tried to blame someone else.

Also this summer, WisPolitics. com revealed that Barnes had run up a staggering security bill. In just the first two months in office, Barnes utilized the Dignitary Protection Unit, the State Patrol agency that provides transportation and security for officials, nine times more than his predecessor did in the entirety of last year. It turns out that Barnes is using the taxpayer- funded protection unit to transport him to and from his home, political events, personal errands, and, of course, official meetings.

For weeks, the exorbitant security costs for our lieutenant governor defied rational explanation. Then we learned the reason. Barnes had $108 in parking tickets that he failed to pay on a car last year. The outstanding fines and penalties prevented Barnes from registering a car. Without a legal car to drive, Barnes decided to have State Patrol officers chauffeur him around at taxpayers’ expense. The taxpayers have already spent tens of thousands of dollars because Barnes did not want to pay a $108 fine.

And again, we get the same spun yarn from Barnes. He claims that he sold the car to a friend of his mother’s in November and that he was unaware of the fines. Given that he does not have any car registered in his name anymore, the timing would suggest that Barnes just decided to leverage the taxpayers’ largesse after the election instead of bothering with getting his vehicular affairs in order.

The good news is that although Gov. Tony Evers continues to publicly stand by Barnes’ honesty despite all evidence to the contrary, Evers has wisely withheld giving Barnes anything important to do. Unfortunately for the people of Wisconsin, should the unthinkable happen to Evers, Barnes will be handed everything important to do.

 

Wisconsin’s Democratic rising star

My column for the Washington County Daily News is online and in print. Here’s a sample:

Wisconsin Lt. Gov. Mandela Barnes has risen to be a leading light in Democratic circles and will likely have a role in the national Democratic convention next year. Unfortunately, as Wisconsinites have gotten to know our new lieutenant governor in the fraction of a year since he took office, we have learned that the man who is a breath away from being our governor has a detached relationship with the truth and a penchant for blaming others for his misdeeds.

[…]

The good news is that although Gov. Tony Evers continues to publicly stand by Barnes’ honesty despite all evidence to the contrary, Evers has wisely withheld giving Barnes anything important to do. Unfortunately for the people of Wisconsin, should the unthinkable happen to Evers, Barnes will be handed everything important to do.

Ending the carnage

My column for the Washington County Daily News is online and in print!

Another spate of senseless mass killings have left Americans reeling. Our natural and justifiable instinct is to do something — anything – to stop the madness. While the usual opportunists are pouncing on the latest tragedies to advance their political careers or raise money for their interest groups, there seems to be an evolution in the national discussion this time.

First, we must identify the problem. Mass killings are still rare. Far more people are killed by drug overdoses, crime, distracted driving, medical errors, suicide, and other unnatural causes. But mass killings are sensational, and that is part of the problem.

There have been mass killings for centuries. In our modern interconnected and instant media age, mass killings take on a life of their own. Often before a mass killing is even reported, there are live pictures and video streaming onto social media platforms. The carnage and chaos that can be replayed over and over again eats into the mind of the next killer as he (usually he) plans his virtual immortality. The internet and social media enable a kind of gamification of death where one mass killer tries to outdo the previous one.

But the internet and media do not cause mass killings. They are one facet of a complex issue. The same can be said for guns and gun laws. In most cases, a gun is the instrument used by a mass killer for the simple reason that a gun is a cheap and efficient means of inflicting harm. The United States already bans several of the most deadly kinds of guns and prevents the legal sale of guns to people who have previously committed a heinous crime. Do we need to do more? Can we do more and remain within the confines of the Constitution? Should we?

So far, the proponents of more gun control have centered on two ideas. The first is to implement so-called “red flag” laws. These are laws that allow the government to confiscate a person’s guns if they exhibit “red flags” that indicate that they might be about to commit a crime. Would such laws help? Maybe a little. Is it possible to craft a law that works while still upholding an American’s individual rights protected by the First, Second, Fourth, Fifth, and Seventh Amendments? Doubtful.

The second new law proponents advocate is for more rigorous and “universal” background checks. What they mean by that is background checks for when an individual sells or gives a gun to another individual. The vast majority of mass killers obtained their guns legally, so there is little to indicate that expanding background checks would have any impact on abating mass killings. This is simply a reflexive measure designed to give politicians the veneer of “doing something.”

Another serious aspect in the discussion of mass killings is how we treat and help the mentally ill. Here again, do we need to do more? Can we do more and remain within the confines of the Constitution? Should we? Much like the vast majority of gun owners never kill anyone, the vast majority of mentally ill people never kill anyone. And while it is easy for people to assume that anyone who commits mass murder is mentally ill, the truth is that many, or even most, are not. They are evil, but not insane. The mainstreaming of the mentally ill into our society has not done them or our society any favors, but a process started sixty years ago is not responsible for 20-somethings committing mass murder today.

There isn’t a single law or policy that we can implement that will prevent mass killings. Nor, short of a complete police state, will we end them completely. There is a price to be paid for living in a free society that is not always paid on a distant battlefield. The root of the problem lies in our culture; in our homes; on our streets; and on our computers.

According to the National Council for Behavioral Health, “The characteristics [of mass killers] that most frequently occur are males, often hopeless and harboring grievances that are frequently related to work, school, finances or interpersonal relationships; feeling victimized and sympathizing with others who they perceive to be similarly mistreated; indifference to life.” We do not have a deficiency in our laws. We have a deficiency in our culture that leaves people in such isolation and hopelessness.

Passing another law will not deter people in this state of mind, but kindness might. A hand extended in friendship and fellowship might. An invitation to a bowling league, summer community event, or to attend church might. Faith in God and salvation will. It is difficult to feel hopeless and indifferent to life when you are enveloped in the full panoply of human relationships.

Mass killings will never be stopped by a government that respects individual liberty, but they can be stopped by a trillion simple acts of kindness. Love one another.

Wisconsin needs a CLEAR alert system

My column for the Washington County Daily News is online and in print. Here you go:

October 29th, 2017, was a beautiful sunny day in San Antonio, Texas. Nineteenyear- old Cayley Mandadi took advantage of the weekend day to take a break from her studies at Trinity University to attend the Mala Luna music festival with her boyfriend, Mark Howerton.

The two young adults had a good time enjoying the music and partying with their friends. Then things took a turn. The couple ran into Cayley’s ex-boyfriend. Howerton grew visibly angry and the couple argued. Soon Howerton was seen aggressively leading Cayley to his car by her arm.

Cayley’s friends were concerned. They knew that Howerton had a violent history. In another angry altercation the previous month, he had trashed Cayley’s dorm room and threatened to throw her off a balcony, according to her sorority sisters. Howerton also allegedly slammed Cayley’s head into a car window and once brandished a gun.

Knowing Howerton’s history, one of Cayley’s friends tried to check on her that evening. She FaceTimed Cayley, but Howerton picked up, said Cayley couldn’t talk, and hung up. Cayley’s friends were at a loss to help.

Later that night, an unidentified woman was brought into a hospital in Luling, Texas, 60 miles northeast of San Antonio. She was unresponsive, nude from the waist down, had severe bruises around her neck, face, and thighs, and was bleeding. It was Cayley. Despite the best efforts of medical staff, Cayley was gone. She had suffered so much blunt force trauma that her brain no longer functioned. She was removed from life support two days later. Four months later, Mark Howerton was charged with Cayley’s murder and is awaiting trial.

Cayley’s father has been my friend for 27 years. The grief that he and his wife suffered over the death of their only child is the kind of grief that no person should ever have to endure. About a year after Cayley’s murder, they began a process to fix a hole in our emergency alert system that they believe might have saved their daughter’s life.

When Cayley’s friends observed her being led away by her violent boyfriend, there was little that they could do. Cayley was 19. She was too old to issue an AMBER Alert for her possible abduction and too young for a Silver Alert. There isn’t an alert system for regular

adults even if there is a strong indication that a person is missing and might be in danger. Adults in full control of their faculties are presumed to be competent and able to call for help if they need it.

To fill this gap in the alert system, Cayley’s parents set about navigating the Texas legislature to create an adult alert to cover people between the ages of 18 and 65. The end result was signed into law by Texas Gov. Greg Abbot on June 6 of this year and will go into effect on Sept. 1. It is called the CLEAR Alert system. CLEAR stand for Coordinated Law Enforcement Adult Rescue, but the letters also honor some victims who might have been saved by it. The “C” is for Cayley.

As a general rule, laws should not be based on an emotional reaction to a traumatic event. And in a free country, adults should be able to move about without undue interference from law enforcement. That is why Texas’ CLEAR law sets forth strict criteria to be used. The missing adult must be in imminent danger of bodily injury or death or the disappearance was not voluntary. The person’s location must be unknown and the person must have been missing for fewer than 72 hours.

When the CLEAR Alert is activated, it will go to traffic signs, cellphones, the National Weather Service’s alert system, news outlets, the lottery commission’s signs in stores, banks, and all law enforcement agencies. It uses the same alert infrastructure as the AMBER Alert System.

Texas led the way in creating the AMBER Alert system that is now used in all 50 states and has saved nearly a thousand children. Wisconsin’s Legislature should pick up the ball and enact the CLEAR Alert System in our state. Let us not wait for a tragedy like Cayley’s murder to spur action. Let us act now.

It’s not about the $11

Here’s my column that ran in the Washington County Daily News on Tuesday.

Last week this column covered a proposal by the Washington County Planning and Parks Department to impost a new annual fee on the 20,312 private onsite wastewater treatment systems in the county. The passionate opposition to the proposed $11 fee reminds us that the fires that heated the tea party movement and continue to burn for President Trump are still very hot in Washington County.

For what was supposed to be just another sleepy public meeting at 7:35 on a Thursday morning, well over on hundred agitated citizens showed up to have their say. The main room overflowed into two other rooms. At one point, the meeting was paused for 15 minutes while they removed the chairs to be in compliance with the fire code.

By the time the meeting was over, hours later, over sixty people had spoken. Many more people had signed up to speak, but had to leave for reason or another as the hours dragged on. When the speakers had finished, 146 pages of letters and emails that were sent to public officials regarding the proposed POWTS fee were read. The people were almost universally in opposition to the proposed fee, but the commentary exposed the many fissures in the public’s trust of government.

Several of the speakers pointed out that the meeting was being held at an incredibly inconvenient time for anyone who works. One speaker pointed out that everyone in the room was of retirement age — to the jovial objection of a younger woman swimming in the sea of grey. The speakers and letters continued to emphasize that a government that really cares about what the people think makes an effort to schedule public hearings for a time when people can actually attend.

Some of the opposition centered on the fact that the proposed fee is simply a tax by another name and that government fees inevitably and unrelentingly go up. The wise citizens of Washington County are not to be bamboozled by arbitrary word games. They know that money being taken out of their pockets by their government is still money they no longer have, whether referred to as a tax or a fee by government officials.

Much of the outrage had to do with how the money from the proposed fee was to be spent. One woman pointed out that the first nine items in the list of expenses were for salaries, benefits, overtime, retirement, etc. for county employees. These items comprise more than 75% of the entire costs associated with the POWTS program. It is an enormous cost for such a rudimentary government function. Further larded into the cost are expenses for membership dues, advertising, travel, lodging, vehicles, and all of the other expenses that seem so unnecessary and wasteful.

One speaker highlighted the fact that Washington County still insists on having 26 county supervisors – each of which is paid a salary, per diem, and expenses. Meanwhile, the county continues to run Washington County Fair Park and a golf course.

Another speaker pointed out that POWTS owners already pay a county sales tax on all of the construction and maintenance of their POWTS that far exceeds the money allocated to the POWTS program. County citizens have not forgotten that the county sales tax was originally imposed as a temporary necessity to pay for a handful of critical infrastructure projects, but now it is a permanent county fixture.

While the written and spoken opposition to the proposed POWTS fee was wide-ranging and fierce, there was a common theme: The people are sick and tired of government that doesn’t listen to them, doesn’t care about them, and doesn’t respect them. Politicians and government bureaucrats too often operate in a world detached from the realities of the people they are supposed to serve. In this case, a proposal for a silly $11 fee/tax revealed just how large that detachment is.

It’s not about the $11

My column for the Washington County Daily News is online and in print. I was marveling at a truly fascinating public meeting regarding the proposed POWTS fee. I’m hearing whispers that the County Board is just going to ram it through. They do so at their own peril. Here’s a sample:

Last week this column covered a proposal by the Washington County Planning and Parks Department to impost a new annual fee on the 20,312 private onsite wastewater treatment systems in the county. The passionate opposition to the proposed $11 fee reminds us that the fires that heated the tea party movement and continue to burn for President Trump are still very hot in Washington County.

For what was supposed to be just another sleepy public meeting at 7:35 on a Thursday morning, well over on hundred agitated citizens showed up to have their say. The main room overflowed into two other rooms. At one point, the meeting was paused for 15 minutes while they removed the chairs to be in compliance with the fire code.

By the time the meeting was over, hours later, over sixty people had spoken. Many more people had signed up to speak, but had to leave for reason or another as the hours dragged on. When the speakers had finished, 146 pages of letters and emails that were sent to public officials regarding the proposed POWTS fee were read. The people were almost universally in opposition to the proposed fee, but the commentary exposed the many fissures in the public’s trust of government.

[…]

While the written and spoken opposition to the proposed POWTS fee was wide-ranging and fierce, there was a common theme: The people are sick and tired of government that doesn’t listen to them, doesn’t care about them, and doesn’t respect them. Politicians and government bureaucrats too often operate in a world detached from the realities of the people they are supposed to serve. In this case, a proposal for a silly $11 fee/tax revealed just how large that detachment is.

 

No new fees

Here is my full column that ran in the Washington County Daily News yesterday.

Perhaps taking their cue from the Republicans in the Legislature, the Washington County Board is considering implementing a new fee on Washington County taxpayers to do something that the county has already been doing for nearly 20 years. The public hearing being held by the Washington County Planning and Parks Department is at 7:35 a.m. on Thursday. Since, like many people, I work and cannot attend a public meeting at 7:35 a.m. on a weekday, I will offer some thoughts in this space.

The new fee being considered is to pay for tracking the maintenance of private onsite wastewater treatment systems (POWTS). Much of Washington County is rural and residents do not have access to municipal sewer systems, so they install and maintain a private septic system. There are about 20,312 parcels in the county with a POWTS. The state has mandated since 2000 that counties track and report to make sure that these private systems are properly maintained. Washington County has been complying with this state mandate with the use of general county funds since then. The new annual fee being considered is $11 for the vast majority of POWTS owners.

The POWTS tracking system is fairly rudimentary. Every three years, the county sends a postcard reminder to the POWTS owners to remind them that they need to have their system maintained. The POWTS owner contracts with a private company that inspects the system, completes any necessary maintenance or cleaning, and then notifies the county that it is complete. The POWTS owner bears the cost of all of this.

Philosophically, there is nothing wrong with a fee to fund a government service. The difference between a fee and a tax is that a fee is usually voluntary and charged to the specific person who is receiving the direct benefit of the service. For example, a fee for a marriage license is perfectly reasonable. The couple getting married is receiving the direct benefit of the county service and there is no rational reason that all of the other taxpayers should bear the burden.

In the case of a new POWTS maintenance fee, it is not voluntary and the entire county is receiving the benefit. For the vast majority of POWTS owners, it is not optional. There are not any other waste treatment options available to them, so they must install and maintain a POWTS at their own expense. The purpose of the government tracking the maintenance of them is to help ensure that the water supply for all county residents is not unduly polluted. Given that the fee is not optional for POWTS owners and every county taxpayer is receiving the benefit, the fee being proposed would be more correctly described as a selective tax.

Furthermore, remember that this is a service that the county has been providing for nearly 20 years. As they consider supporting this service with a standalone fee, there has not been any corollary proposal to reduce the county property tax levy or sales tax by a corresponding amount. The fee is just in addition to all of the other taxes that county taxpayers are already paying. As presented, this is not a discussion about whether or not this particular service should be funded with a fee or the general tax. It is about whether the county should charge a fee for something they were already doing and then just use the liberated general tax revenue to spend on something else. It is a straightforward path to more spending.

Finally, one must really question the cost. At $11 per parcel, the proposed fee would raise roughly $230,000 per year. Look back at the third paragraph for how this program works. It is sending a postcard every three years and logging that the work is complete. It is something that could be completed by an intern with a spreadsheet. $230,000 per year?

In the program cost detail shared by the Planning and Parks Department, the annual program cost is actually listed at $227,527.28. Only $2,200 is allocated for printing, copying, and postage. The rest is for wages ($126,370), overtime ($400), benefits ($45,100.60), advertising ($300), office supplies ($600), vehicles ($6,300), conference fees ($1,400), cost allocation for planning ($25,578), and on and on. That is a tremendous amount of overhead and larded-up costs for a very, very simple POWTS maintenance program. I find it difficult to imagine why POWTS owners should be charged an extra fee to shoulder the costs of things like conference fees and advertising.

The proposed POWTS fee looks suspiciously like another money grab by a government to continue to fund bloat and waste. The Washington County Board should categorically reject it and apologize to the taxpayers for ever suggesting it.

No New Fees

My column for the Washington County Daily News is online and in print. Here’s a taste:

Perhaps taking their cue from the Republicans in the Legislature, the Washington County Board is considering implementing a new fee on Washington County taxpayers to do something that the county has already been doing for nearly 20 years. The public hearing being held by the Washington County Planning and Parks Department is at 7:35 a.m. on Thursday. Since, like many people, I work and cannot attend a public meeting at 7:35 a.m. on a weekday, I will offer some thoughts in this space.

The new fee being considered is to pay for tracking the maintenance of private onsite wastewater treatment systems (POWTS). Much of Washington County is rural and residents do not have access to municipal sewer systems, so they install and maintain a private septic system. There are about 20,312 parcels in the county with a POWTS. The state has mandated since 2000 that counties track and report to make sure that these private systems are properly maintained. Washington County has been complying with this state mandate with the use of general county funds since then. The new annual fee being considered is $11 for the vast majority of POWTS owners.

[…]

As presented, this is not a discussion about whether or not this particular service should be funded with a fee or the general tax. It is about whether the county should charge a fee for something they were already doing and then just use the liberated general tax revenue to spend on something else. It is a straightforward path to more spending.

Finally, one must really question the cost. At $11 per parcel, the proposed fee would raise roughly $230,000 per year. Look back at the third paragraph for how this program works. It is sending a postcard every three years and logging that the work is complete. It is something that could be completed by an intern with a spreadsheet. $230,000 per year?

In the program cost detail shared by the Planning and Parks Department, the annual program cost is actually listed at $227,527.28. Only $2,200 is allocated for printing, copying, and postage. The rest is for wages ($126,370), overtime ($400), benefits ($45,100.60), advertising ($300), office supplies ($600), vehicles ($6,300), conference fees ($1,400), cost allocation for planning ($25,578), and on and on. That is a tremendous amount of overhead and larded-up costs for a very, very simple POWTS maintenance program. I find it difficult to imagine why POWTS owners should be charged an extra fee to shoulder the costs of things like conference fees and advertising.

The proposed POWTS fee looks suspiciously like another money grab by a government to continue to fund bloat and waste. The Washington County Board should categorically reject it and apologize to the taxpayers for ever suggesting it.

Veto reform is badly needed

Here is my full column that ran in the Washington County Daily News yesterday:

When the Wisconsin Legislature passed the state budget, it already had an irresponsible $500 million spending increase for K-12 education. With a stroke of his pen, Governor Evers used his powerful veto to increase spending by another $87 million. Now some lawmakers are proposing reining in the Wisconsin governor’s ability to use a veto to increase spending.

Governor Evers and his comrades have decried the attempt to curb the governor’s veto power as a partisan endeavor. Perhaps it is. And perhaps it would have been a worthwhile reform when one part controlled the legislative and executive branches. Even so, it often takes the abuse of power to spark reform, and this reform is badly needed.

Wisconsin’s governor has the most powerful veto pen in the nation. Forty-four states give their governor some form of line item veto authority, but they all have restrictions. Wisconsin’s governor has the fewest restrictions. He or she can veto numbers, strike out individual words, edit the meaning of sentences, and even arbitrarily reduce appropriated amounts. Up until 2008, when the voters last reformed the veto power, the governor could even strike out individual letters to create new words.

This vast veto authority gives Wisconsin’s governor an extraordinary amount of power to essentially write legislation by carving up what the Legislature sends to his or her desk. While it is true that the Legislature can override a veto by a twothirds majority, it rarely happens due to the high electoral bar.

There is an argument that governors should not have a line item veto at all. The governors of six states and the president of the United States do not have a line item veto authority. When a bill reaches their desks, they must veto the bill in its entirety or allow it to become law.

Our federal Constitution, which also served as a model for many state constitutions, was predicated on the notion that concentrated power is injurious to liberty. That is why our three branches of government are integrated with a complex system of checks and balances that are meant to assure that no one branch, and certainly no one person, can wield too much power.

While in theory, a line item veto can be overridden as easily as a full veto, the real world disproves that theory. Legislation – particularly a budget – is always the amalgamation of a thousand different compromises. Any final piece of legislation has been put through the grinder of legislative committees, public hearings, and two houses of the legislature. By the time it reaches the governor’s desk, a piece of legislation is a network of interdependent priorities and conditions. When a governor vetoes a part of the legislation, it short circuits the network and undermines the legislature’s intent. Since a partial veto only strikes out a piece of the compromise, there are rarely enough votes behind an individual item in a bill to override the governor’s veto.

The constitutional amendment being circulated by Sen. David Craig and Rep. Mike Kuglitsch does not even approach eliminating the governor’s line item veto. Their amendment would simply prohibit the ability of the governor to use a veto to increase spending. The rationale is simple. No single person in government should have the power to spend $87 million on their own authority.

That is entirely too much power for one person to have over his fellow citizens. Our state constitution explicitly grants the power to appropriate money for precisely the reason that spending decisions should be subject to a rigorous legislative process and not be the subject to the arbitrary whims of a solitary governor.

The process to amend the state’s constitution is, rightly, a lengthy one. The amendment must pass both houses of the legislature in two consecutive sessions. Then the amendment must pass a statewide referendum. Fortunately, the governor is not involved in the amendment process.

Wisconsin’s governor’s veto authority makes him or her too powerful. It was true for Governor Walker. It is true for Governor Evers. It will be true for the next governor. It will be true for the one after that unless we change it. Taking a small step to limit that veto authority is not a partisan issue. It is just a simple reform to make a better government.

Veto reform is badly needed

My column for the Washington County Daily News is online and in print. Here’s a taste:

When the Wisconsin Legislature passed the state budget, it already had an irresponsible $500 million spending increase for K-12 education. With a stroke of his pen, Governor Evers used his powerful veto to increase spending by another $87 million. Now some lawmakers are proposing reining in the Wisconsin governor’s ability to use a veto to increase spending.

Governor Evers and his comrades have decried the attempt to curb the governor’s veto power as a partisan endeavor. Perhaps it is. And perhaps it would have been a worthwhile reform when one part controlled the legislative and executive branches. Even so, it often takes the abuse of power to spark reform, and this reform is badly needed.

[…]

The constitutional amendment being circulated by Sen. David Craig and Rep. Mike Kuglitsch does not even approach eliminating the governor’s line item veto. Their amendment would simply prohibit the ability of the governor to use a veto to increase spending. The rationale is simple. No single person in government should have the power to spend $87 million on their own authority.

That is entirely too much power for one person to have over his fellow citizens. Our state constitution explicitly grants the power to appropriate money for precisely the reason that spending decisions should be subject to a rigorous legislative process and not be the subject to the arbitrary whims of a solitary governor.

The process to amend the state’s constitution is, rightly, a lengthy one. The amendment must pass both houses of the legislature in two consecutive sessions. Then the amendment must pass a statewide referendum. Fortunately, the governor is not involved in the amendment process.

Wisconsin’s governor’s veto authority makes him or her too powerful. It was true for Governor Walker. It is true for Governor Evers. It will be true for the next governor. It will be true for the one after that unless we change it. Taking a small step to limit that veto authority is not a partisan issue. It is just a simple reform to make a better government.

 

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