...as time marches on, the Article Five MAY be the vehicle!

Weekly Opinion Editorial

A BAD IDEA WHOSE TIME MAY HAVE COME!

by Steve Fair

     On Saturday morning, I got a call from former U.S. Senator Tom Coburn.  He told me I had made a mistake in saying the Article Five issue would be voted on by the people in November.  The good Senator was right- the Article Five convention does not require voter approval- just the approval of the state legislature, which it received on April 27^th.   

     Senate Joint Resolution, authored by Sen. Rob Standridge, (R-Norman), and Rep. Gary Banz, (R-Midwest City) passed the House 57-33 and the Senate 30-16.  Oklahoma became the seventh state to call for a Convention of the States.  The Joint Resolution calls for a constitutional convention to propose amendments on the following topics: “impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.”

     Before an Article Five convention can be called, 34 states must pass resolutions.  Convention of States Action is a 501 (c) (4) nonprofit out of Austin, Texas, that is organizing across the country to lobby legislators to pass such resolutions.  They have made amazing progress in the past couple of years and more state legislatures are expected to take up the Article Five issue in the next couple of years.

     The calling of an Article Five convention has been one of the most divisive issues among Republicans in recent memory.  The primary reason is because there has never been an Article Five convention to amend the constitution. All twenty seven amendments to the constitution have been initiated by Congress.  Because it has never been done, opponents of an Article Five fear a runaway convention where not just term limits and a balanced budget amendment are discussed, but fundamental liberties like the second amendment could  be placed in jeopardy. 

     Supporters of the Article Five are adamant that safeguards will prevent a runaway convention and those who oppose are unnecessarily fearful.  The rules of the convention are a big issue and the Assembly of State Legislatures (ASL) have been working on proposed rules for an Article Five for the past eighteen months.  They meet next week in Philadelphia to wrap up their work on suggested rules for an Article Five.  You can read a draft of the proposed rules on their website- http://articlevcaucus.com.

     Proponents of the Article Five include not just Senator Coburn, but Texas Governor Greg Abbott, columnist George Will, the late Supreme Court Justice Antonin Scalia, Wallbuilders founder David Barton, radio talk show host Mark Levin, and a multitude of other conservatives.  Supporters also include liberal hedge fund manager George Soros.  That’s right- Soros favors an Article Five, but not for addressed fiscal restraint and term limits.  Soros wants to call a convention for the purpose of limiting the influence that money has over the political process, aka campaign finance reform.

     Those who oppose an Article Five include conservative groups like Eagle Forum, the John Birch Society, Concerned Women of America, the National Rifle Association, and Americans for Prosperity and liberal groups like the ACLU and the AFL-CIO.  They all oppose for the same reason- no guarantee that a runaway convention wouldn’t happen. 

     Justice Scalia, a strict constitutionalist and a hero of conservatives, said the reason the founders put Article Five in the founding document was for just a time as this.  “They knew that Congress would be unwilling to give attention to many issues the people are concerned with, particularly those involving restrictions on the federal government’s own power.  The founders foresaw that and they provided the convention as a remedy.  If the only way to get that convention is to take this minimal risk, then it is a reasonable one.”

     Among conservatives you would be hard pressed to find one who doesn’t support a balanced budget amendment and term limits- the very issues the Article Five is charged to address.  But they don’t believe the Article Five is the vehicle to get it accomplished.  They want Congress to address those issues, but as time goes on, more conservatives are jumping on board because desperate times require desperate measures.

     Steven Hayward wrote in Forbes magazine in 2014; “An Article Five is a really bad idea and it’s probably time we give it a try.”    I am much closer to supporting an Article Five than I was last year.  I think most conservatives are. Thanks Senator Coburn for your passion and love for our country and for graciously allowing me to set the record straight on Oklahoma and the Article Five. 
UPDATE: Louisiana passed an Article Five resolution, so now eight states have called for a Convention of the States.  

Record Budget Hole in 2016!

Weekly Opinion Editorial

LEGISLATURE FACED HISTORIC CIRCUMSTANCES!

by Steve Fair

     On Friday, the Oklahoma state legislature adjourned sine die, which is Latin for ‘without day.”  That effectively ends this legislative session unless a special session is called.  The session was a challenging one.  Lawmakers faced a historic $1.3 billion dollar budget shortfall primarily due to the depressed price of oil.  On Friday the House narrowly passed the nearly $7 billion dollar budget that borrows $200 million to fill the budget hole. “This budget closes a sizable portion of a monumental budget hole and prevents the dire, unacceptable outcomes so many Oklahomans have feared may happen this session. There are still reductions in this budget, but it is certainly a workable budget even amid a major energy sector downturn that is creating difficulties all across Oklahoma,” Gov. Mary Fallin said in a prepared statement.

     The legislature passed a resolution that will have voters considering modernizing Oklahoma’s liquor laws.  If the State Question passes in November, wine and strong beer will be sold at grocery stores.   They killed a bill that would have increased taxes on cigarettes by $1.50 a pack to shore up the state’s Medicaid program.  They killed the federal mandated RealID, but it will be back. You can bet on it.  National Popular Vote raised its ugly head, but didn’t get any traction, but it will be back as well.   

     Once again the legislature talked about school consolidation, but nothing was done.  Senate President Pro Tempe Brian Bingman, (R- Sapulpa) says it is a major issue the state must address.  “The state doesn’t need over 500 school districts,” he said.  Same goes for consolidation of state law enforcement agencies-talked about, but never seriously considered.

     Education saving accounts(ESAs) were discussed but effective lobbying by the education establishment killed it.  Civil asset forfeiture proposals were opposed by law enforcement and never considered,  A House Joint Resolution to let voters consider making it harder to put restrictions on gun ownership failed.  So did a ‘Vermont carry’ bill. 

     The legislature passed a bill that if signed into law would have made abortion illegal in the state and those who performed abortion subject to having their medical license revoked.  Governor Fallin vetoed the bill, saying it would never pass judicial scrutiny.  The authors of the bill did not attempt to override the Governor’s veto.    

     Voters in November will be voting on whether Oklahoma will participate in a ‘convention of the states,” the so-called Article five convention.  Proponents of an Article Five insist that Congress will never pass a balanced budget amendment and term limits and so states must take the bull by the horns and convene a constitutional convention to get it done.  Those who oppose the Article Five don’t oppose a balanced budget amendment and term limits, but believe the Article Five is not the right vehicle.  Former U.S. Senator Tom Coburn is a big supporter of the Article Five.  Phyllis Schlafly of the Eagle Forum opposes an Article Five.  This issue divides many in the conservative ranks.  All agree on the goal, but not on the vehicle. Dr. Tom Coburn correctly pointed out that voters do not have to approve the Article Five- only the state legislature.  I appreciate him pointing that out and it allowed me to address the Article Five in this week's editorial(above)

     Legislators also passed a Joint Resolution that will have voters in November deciding on whether to remove the so-called ‘Blaine amendment,” from the state constitution.  The Blaine was what the state Supreme Court cited as what forced the removal of the Ten Commandments monument from state property. 

    This legislative session has been criticized, second-guessed and maligned more than any in recent history, but fact is no Oklahoma legislature has faced a budget hole this big- ever.  Even in the ‘80s during the oil bust, it was never this bad.  There is no doubt lawmakers could have done some things differently and increasing their own operating budgets doesn’t make you look good, but they did cut state government spending.  Everyone has an opinion- and they are entitled to it- about how the legislature performed.  Abraham Lincoln said, “He has a right to criticize, who has a heart to help.”  But it’s a lot easier being an arm chair quarterback than playing the game.

In the ring, Trump is relentless!

Weekly Opinion Editorial

NEVER EVER GIVE IN!

by Steve Fair

     According to the latest RealClear Politics polling average, Donald Trump and Hillary Clinton are in a virtual statistical dead heat.  Just six weeks ago, Clinton led Trump by double digits, but the current average has them within .2% of each other.    The only poll that really counts is the one held on Election Day, but it is significant that Trump has surged against Clinton.  Here is why:

     First, Trump is the presumptive nominee of the Republican Party.  For the first time in recent memory, Republicans have a presumptive nominee before the Democrats.  That gives a definitive advantage to Trump.  Clinton is still battling Senator Sanders for the Democrat nomination.  Sanders has little or no chance of wrestling the nomination from Clinton, but so long as he stays in the race, Clinton is fighting battles on two fronts, while Trump is fighting only Clinton. 

     Second, Clinton is not an energy candidate.  Even her inner circle admits she struggles with engaging regular folks and prefers policy wonks.  Patti Solis Doyle, a former campaign aide, says this about Hillary’s attitude toward campaigning:  “You know, [Hillary Clinton is] tired. She gets tired. She does it. She does it dutifully. Is it her most fun thing to do? No,” Doyle said. “Would she rather be looking at policy and going through legislation and working with a bunch of experts on how to, you know, improve the Affordable Care Act? Absolutely.”   Trump has effectively attacked her as being ‘low energy,’ and said he doesn’t think she has the physical strength to be president.  It appears that has gained traction with voters.  You will recall that Trump was able to effectively tag Jeb Bush as a low energy candidate in the early GOP primaries. 

     Third, Trump doesn’t back off- ever.  Traditional politicos don’t attack their opponents on a personal level.  They back off a tad when backing off is more politically expedient than pressing forward.  Trump doubles down when his opponents attack him.  The Donald is the definition of politically incorrect.  He says what is on his mind- every time.  In a political environment where voters have been exploited, manipulated, and lied to, Trump’s real straight talk has appeal.    

     Fourth, Clinton’s track record is dismal.  For someone with an impressive resume- U.S. Senate, Secretary of State and First Lady- she has a poor record of accomplishments.  Experience doesn’t always translate to success.  Clinton has been on the wrong side of most major issues for years.  Hillary is more liberal than Bill Clinton.  She doesn’t work across the aisle well.  Her strength is that everyone knows her- her weakness is that everyone knows her.    

     Fifth, women don’t trust Hillary.  Women are 52% of registered voters and 41% of them identify themselves as Democrats.  For years, Republicans have lost the female vote, but with Hillary on the ticket, Trump could change that.  According to a CBC/New York Times poll, forty (40) percent of Democratic primary voters believe Clinton is politically calculating and someone they don’t trust with the presidency.  

    Clinton is the wrong fighter to put in the ring with Trump.  She has too many weaknesses, flaws and scandals to spar with a heavyweight.  A more ‘gentlemanly candidate’ might take the advice of political operatives and just dance around and play a little ‘rope a dope’ with her, but in Trump’s world everything about his opponent is relevant- personal and policy.  He thrives on attacking and never backs down- never ever.  Winston Churchill said, “Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honor and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.”  Trump never gives in and that is an attribute to be admired.

     Like him or not, Donald Trump is the ultimate fighter.  In the political ring, Trump is landing significant blows on Clinton.  She continues to throw haymakers and not connect.  If that continues, Trump will knock her out in November.

JUST THE FACTS PLEASE!

Weekly Opinion Editorial

YEP, WE HAVE A PROBLEM!

by Steve Fair

     President Obama took a shot at Donald Trump when speaking at Rutgers commencement this past weekend.  "Class of 2016, let me be as clear as I can be: In politics and in life, ignorance is not a virtue,” Obama told Rutgers University graduates in a commencement address urging broad engagement with the world.  The president went on to take a shot at Trump’s ‘build a wall’ position, saying;  "The world is more interconnected than ever before, and it's becoming more connected every day. Building walls won't change that. The point is: To help ourselves, we've got to help others, not pull up the drawbridge and try to keep the world out."

     Throughout his remarks, the POTUS stressed critical thinking and reasoning over what he called anti-intellectualism.  "Facts, evidence, reason, logic, an understanding of science: These are good things. These are qualities you want in people making policy. ... That might seem obvious. ... We traditionally have valued those things, but if you're listening to today's political debate, you might wonder where this strain of anti-intellectualism came from," he said.  OK, so let’s talk some facts:

     Fact #1: The American economy is not good.  According to Capital Economics, consumer spending is down substantially in the past year.  That coupled with the manufacturing segment being in recession and corporate profits being down point to a full blown recession coming for the country.  The national debt is at 19.2 trillion dollars- $60,000 for every man, woman, boy and girl in the country.  That is nearly double what it was when President Obama assumed office.   There are three million more children categorized as ‘living in poverty’ is in America than there was in 2008.  Food stamp recipients have doubled in number the past eight years.  Salaries are down and the cost of living is up.  Less people are working than in last forty years. The past eight years have not been prosperous ones for the average American.  Robert Reich, former U.S. Secretary of Labor, and a professor at Berkeley says, “The next president will inherit an economy teetering on the edge of recession.”  The fact is the economy is in the tank and Obama’s legacy is that fewer people work in America than in the past generation.

     Fact #2: Federal government spending is out of control.  The federal government spends $7 million dollars a minute.  According to the Congressional Budget Office’s latest report, the 2016 budget deficit will ‘shrink’ to $642 billion.  Believe it or not, it is the smallest shortfall since 2008. The federal government should follow most states, including Oklahoma, and pass a balanced budget amendment.  The fact is the federal government is irresponsible when it spends more than it takes in. 

     Fact #3: Illegal immigration has increased dramatically under Obama.   He issued an executive order telling the Immigration Service to not enforce the law.  According to Homeland Security, the eleven million illegals in the US have less than a 1% chance of being deported under this president.  In the past four years, the president has deported illegals at half the rate he did in the first term.  President Obama announced in November an executive order that was intended to allow five million illegals to avoid deportation.  The state of Texas sued the federal government and won.  The SCOTUS will rule in June and is expected to come to a 4-4 stalemate, which will allow the lower court’s decision to stand and block the executive order.  The fact is our borders are not secure and there are illegal immigrates in our country that broke the law to come to America.

     Obama was right when he said at the commencement: "When our leaders express a disdain for facts, when they're not held accountable for repeating falsehoods and just making stuff up, when actual experts are dismissed as elitists, then we've got a problem."   America clearly has a problem because the current president expresses a complete disregard of the facts regarding the economy and government spending and makes us stuff up that is not within the authority of the presidency- like executive orders on immigration.  Yep, we’ve got a problem!