Category Archives: Politics

Governor conducts legislative orchestra

Asa for webBy Steve Brawner
© 2015 by Steve Brawner Communications, Inc.

Arkansas’ state government was designed to have a weak governor, and that tradition has continued. The framers of the current 1874 Constitution ensured a veto could be overridden by a simple majority vote, and later amendments, such as the one that transferred the governor’s authority to the lieutenant governor when the governor leaves the state, have continued that tradition.

Gov. Asa Hutchinson pretty much took a sledgehammer to all of that during this recent legislative session.

On issue after issue, the Legislature gave him whatever he wanted. He wanted a middle class tax cut. It passed. He wanted to buy time on the Medicaid private option, so he asked legislators to extend it for two years while they study what to do with it. Even those who campaigned on an over-my-dead-body platform said yes. When the House Committee on Public Transportation advanced a bill transferring part of general revenues to highways, Hutchinson said it didn’t fit into his budget, so the sponsor killed it, though with a promise from Hutchinson to appoint a task force to study highway funding.

Then there were the constitutional amendments. Legislative leaders indicated they didn’t really care to refer any of those to the voters, so the process looked dead in its tracks. Then Hutchinson said he wanted two – one to end the aforementioned practice of giving up his powers to the lieutenant governor, and one to increase the fund Arkansas uses to attract economic superprojects like auto plants. Both now will be on the ballot in 2016.

How did a system designed to produce a weak governor instead produce an orchestra conductor like Hutchinson? One explanation is that he displayed extraordinary political skills this session. He took potential train wrecks like the private option and Common Core off the table by appointing task forces to study them, and when all heck broke loose with the Religious Freedom Restoration Act, he charted a middle ground that made him a hero to both sides even though he originally supported the bill.

History also was on his side. Hutchinson is the first Republican governor to hold office with a Legislature controlled by Republicans since shortly after the Civil War. His party wanted to govern effectively rather than look like the dog that caught the car and didn’t know what to do with it.

Hutchinson had another explanation during a sit-down session with reporters in his office last Thursday.

“The strength of the governor is from the respect of the office and the recognition that we need to have a leader, and also the desire to have the governor succeed,” he said. “And so that’s impressed me, and that’ s not a Republican thing. That’s a Republican and a Democrat thing. Democrats who opposed me, they not only said it, but they showed it in actions that it is important for Arkansas that the governor succeed.”

Contrast that attitude with this statement made by Sen. Mitch McConnell, R-Kentucky, now majority leader, during an interview with National Journal on Oct. 29, 2010: “The single most important thing we want to achieve is for President Obama to be a one-term president.”

Democrats often point to that statement. To be fair, according to the fact-checking site Politifact, he said it in the context of discussing historical elections and said in that same interview that Republicans were willing to work with Obama “if he’s willing to meet us halfway.”

Still, Republicans’ priority from day one of Obama’s administration clearly has been to position themselves for future elections – just as Democrats in Washington will behave if a Republican presidential candidate manages to beat Hillary Clinton. The days when the president had a “honeymoon” after being elected may be just a fading memory.

Of course, it’s not the job of Democrats and Republicans to help each other succeed – particularly not in Washington, where the parties have real differences in their stated goals. But Washington could use more of Arkansas’ spirit, and Arkansas probably could use a little of Washington’s. Very little, but a little.

The latter will happen in Arkansas over the course of the next two years. Hard decisions on issues like the private option must be made, and legislators in both parties increasingly will challenge the governor.

It will get tougher for Hutchinson, just as it did for previous governors after they had been in office for a while. Unlike in Washington, most legislators still will want him to succeed, but eventually the honeymoon will be over.

Can one person make a difference?

By Steve Brawner
© 2015 by Steve Brawner Communications, Inc.

Political professionals are often cynical people, so it was surprising to hear lobbyist and Republican consultant Bill Vickery make this idealistic statement during a recent banquet speech: “There has also never been a time in American politics where one individual can have more of an impact than right at this very moment.”

Journalists can be cynical people, too, so one might say in response, “Yeah, if that individual is Sheldon Adelson.” Adelson is a Las Vegas casino magnate spending a chunk of his fortune on Republican Party presidential politics, so candidates approach him on their knees with hat in hand. In 2012, the process became known as the “Sheldon Adelson primary.”

Can one average person make a difference? In some ways, this democracy is becoming less democratic. Today’s campaign tactics, media landscape and digital data miners have sliced America into distinct electoral blocs that the political pros can manipulate. Moneymen like Adelson, who can make virtually unlimited donations, have tremendous influence over the process.

It’s impossible for normal citizens to compete toe to toe with that, but they do have some powerful weapons these days – their own ideas, their own energy, social media. A YouTube video that goes viral can have more impact than millions of dollars in commercials. Vickery said an energetic Cleveland campaign volunteer for Sen. John Kerry’s 2004 presidential campaign made such a difference in that city that her absence was felt when she was hospitalized. Vickery didn’t mention it, but four years earlier, how many volunteers would have been needed to erase Florida’s 537-vote margin between Bush and Vice President Al Gore? Not many.

In a democracy where the many are just grumbling and complaining, the few who actually act can have an outsized influence. In many counties, the tea party is composed of a small number of Arkansans, usually not bank president types, who together have far more sway than their neighbors because they are organized and involved. When a few hundred activists protesting the Religious Freedom Restoration Act lined the steps leading to the Arkansas House of Representatives, legislators who supported the bill found another route to the chamber, but they couldn’t ignore the crowd. The Legislature itself isn’t composed of members of the state’s elite. Instead it’s mostly average people who decided, “Why not me?” The powerful speaker of the House, Jeremy Gillam, R-Judsonia, owns a berry farm.

The thing that ties a lot of these people together is that they stopped just griping about the government and instead engaged in practical politics. The Cleveland woman was volunteering for the Democratic nominee, not a fringe candidate. Tea party members write letters to the editor, contact their legislators and vote in every Republican primary. Sometimes a Martin Luther King does come along who totally changes the way a nation thinks. But you’re probably not the next Martin Luther King, so get involved where it can matter.

It’s worth noting that Vickery made his comment at Heifer International’s headquarters in Little Rock. The hunger relief organization was started by farmer Dan West, a member of the Church of the Brethren who did some relief work during the Spanish Civil War in the 1930s and decided that country’s poorest people could be helped more by giving them a cow instead of just a cup of milk. Since then, Heifer International has provided farm animals and other services to 22.6 million families around the world.

Life is about expectations, and so is politics. If your definition of “making a difference” is “remaking the world to my liking, by myself and without much effort,” then this message isn’t for you. Adelson poured $15 million into Newt Gingrich’s 2012 campaign, and Gingrich didn’t come close to winning, so you will not fix the national debt with one letter to your congressman. But if you and those like you organize around a common, attainable goal, use the modern tools you have available, and stay committed despite a few setbacks, you’d be surprised at what you might accomplish.

That’s especially the case in state and local politics. At the State Capitol, there’s sort of a little familiar club of legislators, lobbyists, state employees and journalists – and then regular people come in and upset the apple cart sometimes.

That can be you. You can get a lot done, but not by yourself. So, no, generally one person can’t make a difference. But a few one persons can.

Rep. Della Rosa’s efforts to show us the money resisted – this time

By Steve Brawner
© 2015 by Steve Brawner Communications, Inc.

Della Rosa

Della Rosa

Remember the scene in the movie “Jerry Maguire” where the football player portrayed by Cuba Gooding Jr. makes the sports agent played by Tom Cruise shout, “Show me the money!”?

The part of Gooding was played this legislative session by Rep. Jana Della Rosa, R-Rogers. The part of Tom Cruise was played by a Legislature that, unfortunately, decided to keep silent.

In Arkansas, candidates can file their reports online or on paper. The reports can be viewed one at a time in paper form at the secretary of state’s website, votenaturally.org. Because it’s not searchable, tracking the money requires painstaking research – more than most journalists will take time to do, and certainly more than most citizens have time to do.

Della Rosa, a freshman legislator, tried without success to pass a bill that would have required legislative and statewide candidates to file campaign finance reports online into a searchable database. That would have enabled any citizen with an internet connection to quickly view who contributed to an elected official’s campaign, and how much. It also would have allowed citizens to determine how much various interest groups had donated across the board, and to whom. Candidates must file their reports online in 40 states, Della Rosa argued.

Campaign finance transparency is important not because elected officials supposedly are crooks, because most aren’t. It’s important because all legislators are human beings, and human beings react in predictable ways when given certain incentives. One way is this: Generally, human beings take care of those who take care of them. If you want an idea of what legislators would like to do in office, check out their campaign websites. If you want to know how they actually will vote, check out their campaign finance reports.

Needing 67 votes, House Bill 1233 failed in the House, 48-33, with 19 not voting. Legislative opponents offered unconvincing arguments about slow internet connections, the complexities of filing online, or the possibility of being cited for an ethics violation because of an internet issue. One said he was too “dimwitted” to learn, so Della Rosa offered to help him.

Let’s be charitable and say that opponents were mostly afraid of change and were not thinking creatively. They could just mail their forms to someone with a good internet connection and pay them to input them online, just like they pay the companies that print their yard signs. Della Rosa even amended the bill to allow candidates to opt out by submitting an affidavit stating that they lacked the ability to file online and that doing so was a substantial hardship. The secretary of state’s website would explain that they had opted out. That wasn’t enough.

“I didn’t realize this when I started this, but I think one of the hardest things to do in this building is to convince people to change their own behavior,” Della Rosa told the House on March 26, just before the vote failed. “We make laws – what, we’re at a rate of about 50 a day I think right now towards the end – where we’re telling other people, ‘You should do this. You should do that. This is better for everyone. You should do that.’ One of the hardest things to do is to change your own behavior.”

Sometimes, it takes a while for a good idea to become law – even one based on common sense. This legislative session, lawmakers finally voted to make it possible for a good school district with sound finances to remain open if it falls below 350 students, 12 years after voting to close all school districts that size, no matter their performance.

Maybe Della Rosa can pass her bill in a future session. Or maybe citizens could speed up the timetable by gathering signatures for an initiated act requiring legislative and statewide candidates to file online – without the provision letting candidates opt out. Maybe Regnat Populus, the ethics-promoting citizens group, could take up the cause.

At some point, average citizens must realize that most of the issues that we argue about are like leaves on a tree – blown left and right, falling for a time, and then reappearing in a later season. Campaign finance is a root – probably the biggest root. On every issue, follow the money. Always follow the money.

For Arkansas citizens, that’s still hard to do, but at least Della Rosa is trying to show it to us.

UPDATE: Here’s how the votes stacked up in the House.

Bearing truth a higher standard than not lying

Ten CommandmentsBy Steve Brawner
© 2015 by Steve Brawner Communications, Inc.

The Legislature has sent a bill to Gov. Asa Hutchinson that would install a Ten Commandments monument on the Capitol grounds using private funds. Already preoccupied with the controversy over the Religious Freedom Restoration Act, he has not said if he will sign it as of this writing. It’s unknown if the monument would survive the inevitable lawsuit that would follow. If it ever gets built, let’s hope all passersby pay close attention to Commandment #9.

That would be the one that says, “Thou shalt not bear false witness against thy neighbor.”

I’ve always thought that commandment referred to an untrue accusation or testimony, in and out of court. Some people simplify the commandment as, “Thou shalt not lie.”

Kevin Thompson, pastor of Fort Smith’s Community Bible Church, had a different take recently on his excellent blog, www.kevinathompson.com. He wrote that the Ninth Commandment doesn’t simply prohibit lying. It means, say only what you know to be true.

“Truth telling” is a higher standard than “not lying.” Lying is purposely distorting the truth. Bearing false witness, on the other hand, can be the result of inattentiveness – saying something that might be true but hasn’t been verified. Repeating a rumor isn’t necessarily lying, but it’s bearing false witness.

The times call for a reexamination of this concept. Modern communication tools enable us to share any fleeting idea that enters our minds from the safety (and often anonymity) of our computer screens. Twitter says that more than 500 million Tweets are sent each day. Facebook says it has 1.4 billion users. You know the saying about a lie being repeated often enough that it becomes the truth? Twitter and Facebook add fiber optic cables to the equation.

Social media is one of many realties of modern life that can help us insulate ourselves in our own, self-selected worlds. Most of us are more likely to “friend” and “follow” people who are similar to us than those who are different than us. We live in red and blue states. Most congressional districts are safely Republican or Democrat, the result of the way the lines have been drawn but also the choices Americans have made. The news media we consume simplify complicated political issues into comic book tales, assuring us that we’re on the heroes’ side. Chances are our neighbors and co-workers have mostly the same beliefs and lifestyles as ours. Until a few decades ago, the rich man and the poor man lived in close proximity, and not that differently. Today, we’re separated by miles, gates and walls.

This reality of modern life makes it easier for false witnesses to be repeated. In our self-assuring cliques, we know we won’t be challenged by different perspectives, so we feel safe in making extreme, provocative, unproven statements. Because there are so few filters, our fellow clique members can safely repeat and amplify these false witnesses.

Feeling superior feels so good, but it doesn’t do much to create a more perfect union. So what is an involved citizen supposed to do?

Ancient Israel was not a democracy, but the Ninth Commandment applies to our society. If you don’t know that President Obama is secretly a Kenyan-born jihadist, don’t say it. Instead, rely on demonstrable facts, such as that the national debt has increased from $11.9 trillion since Sept. 30, 2009 – the first fiscal year over which he might be called responsible – to $18.2 trillion today. Meanwhile, if you don’t know that President Bush had something to do with the Sept. 11 attacks, then don’t make that horrible accusation. Instead, cite a 2013 study by Brown University’s Watson Institute for International Studies, which found the Iraq War could end up costing more than $6 trillion when future expenses are counted. And then, because truth-telling involves fairness, add that Obama inherited problems that contributed to the rising debt; or that there hasn’t been a major terrorist attack on U.S. soil since 9-11, so Bush and Obama must have done something right; or that studies can be wrong.

Kinda hard to fit all that into a 140-character Tweet, isn’t it?

The thing about bearing false witness is that you’re less likely to do it if you keep your mouth shut. That not always being possible, the less said, the better.

So I’m shutting up now. Have a good day, and I mean that truthfully.

Government should protect freedom, not enforce belief

By Steve Brawner
© 2015 by Steve Brawner Communications, Inc.

Arkansas House Bill 1228, the Religious Freedom Restoration Act, doesn’t actually say anything about gay rights. What it says is, “A state action shall not substantially burden a person’s right to exercise of religion … unless it is demonstrated that … (it) is essential to further a compelling governmental interest; and is the least restrictive means of furthering that compelling governmental interest.”

Of course gay rights is what led to the bill and is what everyone is talking about. But the more important issue is one fundamental to any society: To what degree should majority values be enforced on a minority?

In this case, what once was the majority view – marriage involves only a man and a woman – rapidly has become the minority view. And yet that view still is held by many people with sincere religious beliefs. The most famous example is photographer Elaine Huguenin, a Christian who was fined $7,000 after declining to take photographs at a lesbian wedding ceremony. That fine was upheld by the New Mexico Supreme Court. The U.S. Supreme Court declined to hear the case.

The bill’s sponsor, Rep. Bob Ballinger, R-Hindsville, says the standard for protecting religious belief has been lowered and needs to be raised. Arkansas’ bill is similar to a federal law signed by President Clinton in 1993 and ones passed by 20 states. President Obama voted for Illinois’ as a state senator – though Illinois also has stronger protections for homosexuals. Most of these laws weren’t related to gay rights at the time they were passed, according to the fact-checking site Politifact.

Indiana, which recently passed a similar law, is really feeling the heat, but so is Arkansas, and it may get hotter. On Monday, protestors chanted “Shame on you!” at a stone-faced Ballinger as he left a committee room. The gay rights group Human Rights Campaign published a full-page ad in the San Jose Mercury News, which serves Silicon Valley, saying Arkansas is “closed for business due to discrimination.” Walmart and officials with Acxiom have opposed the bill.

A little empathy – and a little less shouting – might be in order here. If you are not gay, imagine how you might feel had you been subjected to ridicule since childhood and if the state had passed an amendment banning gay marriage in 2004? You might be wary of any law you think is aimed at you. And for those who say House Bill 1228 is legalized bigotry, would you want the government forcing you to participate in a ceremony that violates your beliefs? Then why do you want that to happen to Elaine Huguenin?

In a committee meeting on Monday, Rep. David Whitaker, D-Little Rock, asked if the bill could include a non-discrimination amendment. Ballinger said the issue should be debated and considered in a separate bill.

That would be good. It’s a difficult balancing act, but the law must try to protect people’s right to pursue happiness at the same time it protects other people’s right to believe and act as their consciences direct. Probably more time should be taken to consider how that’s done, and in fact that may be happening.

In 2004, I was one of the 25 percent of Arkansans who voted against the state’s anti-gay marriage amendment. I did so because government should not “define” marriage or stick its nose into how two people live their lives.

But I also support the intent of this bill. So I guess it comes down to this: Two people ought to be able to live how they want to live, but the government shouldn’t make another person take pictures of it.

The older I get, the more I’m convinced that while we say we believe in freedom, we don’t mean it. Apparently, it’s a fundamental aspect of human nature to use government to force people to agree with us. At its worse, it’s truly terrible, as history has shown. More often, it results in a slow erosion of freedom – sometimes in one direction, sometimes the other, but ultimately to the detriment of all.

House Bill 1228 is the latest battle in this culture war – a war usually framed as involving two sides – those who want the government to enforce conservative personal beliefs, and those who want it to enforce liberal personal beliefs.

There is a third side – we who want the government to focus on protecting freedom, including for those with whom we disagree.

Join our side. All are welcome.