Even If It's Legal, It's Not Right

I’m referring to the Governor’s strong arm tactics to push a qualified educator out of his job in order to get his own man in.

Gov. Bevin was within his rights to name an all new state education commission board—which he did.        

The new board was within its right (its only duty apparently) to push out (fired is a better word) the present commissioner (who had received a glowing report for his work from the old board just last fall) and install an “interim” commissioner while seeking a full-time head.

There are real problems with this entirely “legal” action, which is why it is not “right”.

1—it is a return to the brute force power politics of an age many of us hoped was past.

2---were I a betting man I would now bet , 99 & 44/100%, the new commissioner will be a Kentuckian. Why? NO smart, qualified out-of-stater would accept the job...knowing no matter how well he/she did, they could be fired on a political whim of one man. And also the guv wants his own man/woman in the job. The odds are the best person will NOT be selected...at a time when Kentucky had been receiving national praise for some of our KERA-reforms, and at a time when we are dealing with new problems, and need the best possible person at the helm—whether a Kentuckian or not.

This year’s stupid action will set Kentucky back for years.

3—In an excellent editorial last Sunday, the Herald-Leader pointed out several  laws were broken in selecting the new interim head. While too late to save Dr. Pruitt, these actions should be challenged in court.

4---This was one more example of the guv poking teachers in the eye, needlessly.

5—News reports indicate this was all planned, for some time, as a means to get Charter Schools implemented here, whether the tax-paying public wanted them or not.   

6—Neither 4 nor 5 are good politics for any party here.

It’s a good idea, on multi-member commissions, to have overlapping terms. (This has been true for years on major groups such as the UK board of trustees.) The legislature should quickly move to give this commission a better arrangement for such terms, perhaps by setting up a 3 or 4 year period for such terms, instead of 2 groups,  so no one governor can pull what Bevin legally did; or at least making sure the governor has popular support over  two  elections.

All of this should be remembered in November by all voters, not just the teachers and their friends.

I'm just sayin'...

Lest We Forget

Presidential Oath of Office: “ I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend  the Constitution of the United States.”

 

 Congressional Oath of Office: “ I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same...”

 

Constitution, Article 1, Section 8... "Congress shall have the power to...declare war,”

 

LAST TIME CONGRESS DECLARED WAR:  Dec 8, 1941, as urged by FDR against Japan (and Axis powers)

 

I am well aware that almost all Presidents since FDR have not done this; whether Democrat or Republican. Truman had a “police action” in Korea, Bush went after non-existant WMD in Iraq, and Trump has now twice violated his oath and the Constitution in Syria. This last time he had plenty of time to get Congress to pass a war declaration---plenty of time—but he choose to go ahead without one.

 

That is grounds for Impeachment and it should be done.

 

No excuses folks!  Either we believe in our Constitution, all of it, or we don’t. Some will say there are other grounds that should be used, but this is the clearest and most unassailable.  I don’t know that Vice President Pence would be much better, but that is beside the point. My conscience is clear.  I have argued against so called “War Powers Resolutions" that Congress occasionally passes ever since Truman, as violating the Constitution. There is NO logic in saying Congress can pass a law or resolution to amend the Constitution, there is a clearly prescribed process for amendments. War Resolutions aren’t it.

 

Pity, just as Nixon’s greatest achievement was the “opening to China," which no Democrat could have done, I had hopes Mr. Trump could somehow negotiate a deal to defuse the potentially tragic situation with North Korea; but that too must wait.

 

If you believe in the American Revolution (and I do); if you believe in what the founding fathers wrote in the Declaration of Independence (and I do) and the Constitution (and I do); and the Bill of Rights (and I do)---then there is no course left but to actively urge our Congressmen and Senators to introduce and support impeachment, and ask them about it at every possible opportunity.

 

Otherwise we can never call ourselves truly Americans.

 

I'm just sayin'...

Is Governor Bevin Just Donald Trump Lite?

Well, No, but Trump got the memo, Bevin didn’t.

 

By “Memo” I mean all the horrible things Speaker Paul Ryan told Trump would happen if he vetoed the US budget. Trump, wisely, backed down.  Bevin didn’t.

 

Now what?

 

 

   

Well, I am not sure.  I can’t remember Kentucky ever being in this situation. If the returning legislature fails to overturn the vetoes (on one or both) we are in big trouble. Our state constitution requires a balanced budget (which without the tax bill he vetoed we don’t have) and a budget before the new fiscal year. There isn’t time left in the regular session, so that means a special session, at quite an UNnecessary expense to we taxpayers.

 

Only the guv can call a special session, a loophole in the legislature’s power which needs changing by amendment. But once the legislature does come to Frankfort, it can immediately adjourn; which it just might do to spite Bevin. More problems. Even if it succeeds in passing acceptable (to the guv) bills later, Democrats are sure to jump on those unnecessary expenses involved. and rightly so.

 

But much more likely is the failure of the Grand Old Party to overturn the veto. This could be done by giving the legislators time to read the 2 bills which almost no one has done, and that could alter the votes in both parties and both chambers. More problems.

 

Also those shouting protestors, teachers and tax advocates and lobbyists of all persuasions have a new chance to get into the act. Who knows what sewer bill might be found in the waning moments of the session to do more damage?

 

Or, that independent tax study which points out the tax bill favors the very rich in our state (sur-prise!!!) could change the votes. Who knows?

 

For those of us who hoped a needed change in Frankfort, would came about with Republican control of both chambers, we are now much more unhappy. Both parties have shown a great ability to be UNfair to the other party when they are in control, and the people’s  business is strangled.  No one seems to have learned this is NOT the way voters want things done in our capital.

 

Right now the GOP is the one taking it on the chin. No matter what happens when lawmakers return this weekend, RPK is the loser—and it’s their own fault, or at least the fault of the titular head of that party.

 

Pity.

 

I'm just sayin'...

Our Present Legislature, Past And Future

I’ve covered legislatures in 5 states, and I am appalled at the recent actions of our Kentucky General Assembly ---not that other states haven’t been up to those same shenanigans, or even that past Kentucky legislatures haven’t done the same, but there is still no justification for their actions.

 

To take major pieces of legislation; the budget and the pension overhaul, kept them secret, fail to hold public hearings on the final versions, keep lawmakers of BOTH parties in the dark til the last minute, failing to give time to read the bills---and break its own rules during the process—that simply is much too much.       

 

The GOP camapigned on “transparency," a word I dislike but it means to bring  things out in the open so all citizens can understand what’s going on, and make their views known to their representatives in Frankfort –that pledge is now in shambles, and I hope voters will remember that come May and November.

 

But I also must point out that the Democrats have acted this way in the past, too; though perhaps not quite as much or on as serious as these matters. The Dems also ran roughshod over opponents in committee, cut time on the floor for amendments and debate, etc.  Republicans promised not to behave this way if they got into office, and we now see how little that pledge meant. (I wish I were confident that should the Dems take over either house they would behave differently, but I doubt it. Too much past history to the contrary.) 

 

As to the future, were I a betting man, I would wager that the courts will ultimately strike down the pension plan. Mainly because the GOP-controlled chambers violated their own rules by not providing an acturarial report, which the law requires. To me, that makes the actions indefensible and worthy of being tossed out. Similar rules MAY apply to the budget, but the courts have been more lenient on things like this in the past.

 

Should the pension plan be tossed out, stand by for a special session, UNnecessary & expensive.

 

Should the governor veto either one, in whole or by line item veto we may be in a new world of hurt.

 

I am happy the legislature restored many of the governor’s cuts, but why did they not understand the importance of the University Press of Kentucky? (operated by UK on behalf of many of our state colleges and universities.)  Without it, who will publish important research on our issues or our past history and culture?

 

What a lovely mess. 

 

I'm just sayin'...

Stormy, Summer and the Playmate

Three women have gone to court, pressing their claims to have been sexually connected in some way to The Donald.

 

I have no idea who’s telling the truth, but this is where the issue belongs---in court, not on front pages or broadcast news programs.  This is how such important matters should be settled, and in this case SOON, for all our benefit.

 

I wish the same approach had been taken in the numerous charges against prominent men in the “me too” and “time’s up” movements. There certainly is “fire” here and not just “smoke” for the “casting couch” has long been a staple of Hollywood lore.  But allegations are not proof, and proof comes in court.  Nor are the large numbers of women making such charges “proof." Truth is not dependent on numbers. One is sufficient.  But due process was NOT followed here, and lives have been changed forever by that fact.

 

Trial by the news media is not the American way of justice, and this needs to change. It is true anymore than people are “guilty until proven innocent” and that’s neither right nor fair.

 

While I am  criticizing my colleagues, let me go one step further.  Major papers and tv casts tell us about “Russian meddling” in our elections, not “alleged” Russian meddling. That this is political can hardly be doubted, viz the competing Dem and GOP versions and reports from the House Intelligence committee. But hold on; all of this stems from the consensus of 16 intel agencies who agreed  in a joint report. I will say again truth is not just found in numbers. While I think there is strong evidence for this claim, I still remember these same agencies told us of WMDs in Iraq and helped cause a war. No part of the most recent report has been made public, and needs to be for us to make a rational decision. 

 

The claims that Russia is behind the poisoning of one of their ex-spies (and double agent) is even flimsier. Given two major cases in recent years, where much proof was provided, there is certainly plenty of reason to suspect Putin’s long hand—but all the nations jumping in (we have not been told the UK shared what information it has with Latvia and others to make them come on board.) seems more to get brownie points with the UK than a reasoned explanation of why Britain suspects Russia. That may come, but there isn’t an international court where this is likely to be tried. Til then, with a Cold War#2 threatened, the better path is suspending judgment until the facts come out, and hopefully they will.

 

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GOOD news from Frankfort—(1) the budget negotiators have turned down new money for private prisons (which cost much more per inmate that state operated ones, and 2—someone is finally challenging the Kentucky Wired project, already behind schedule and way over budget. The idea is good—get better broadband thru out the state, but the way this was gone about should have been challenged from the start. It is beginning to look like a bottomless money pit with little to show for our taxpayer dollars.

 

That said, NOTHING is final in Frankfort til the legislature adjourns. Nothing.

 

I'm just sayin'...

---

Playing Games In Frankfort

Democracy took it on the chin last week in Frankfort.

 

The Senate got a bill to change the deadline when candidates file for office, moving it up even more. The rationale for this is the belief that little gets done in the Capitol until the members know if they will face opposition back home. Years ago the deadline used to be in late March  but was moved to late January, so members could, perhaps, take unpopular stands but it would be too late for someone back home to file against them.

 

It didn’t work, pension and budget bills were delayed excessively this year—for many reasons, but the work of both chambers suffered.

 

Now the new bill would move the filing deadline to the first Friday (of a full week) in January—almost a month earlier.

 

Lawmakers argued this “would end the potential for us to play games in Frankfort” and “taxpayers deserve it."

 

This is pure, unadulterated crap.

 

And the events of this session prove it.

 

Two of the issues caused major protests in Frankfort; the pension bill, strongly opposed by school teachers and state workers, and gun control efforts---which only came to the fore after the Parkland, Florida shooting. Yes, pension bill opposition has been there from the start, but only hit its stride after details leaked out, and that was well after the current January filing deadline. So was the Florida shooting, and the nationwide efforts by students for action.

 

Candidates “back home” could not have filed because they disagreed with their current representatives’ stand on either issue as the law now stands, and they would have even lesser chance to do so if the new bill passes.  Generally important and controversial bills come up for a vote late in the session. The old deadline—in March-- was much more “democratic” because it allowed local voters a chance to look at their representatives' full voting record, before deciding it they wished to run in opposition. The new bill does not allow them that option.

 

It is, in fact (surprise!) nothing but a disguised “Incumbents protection plan” and needs to be rejected.

 

(But I’m not holding my breath.)

 

I'm just sayin'...

The Mainstream Media Are Doing A Bad Job

Did you know this is Sunshine Week?

 

Or also when we are supposed to observe Freedom of Information Day?

 

Or why?

 

It was started in 2005 by an Editors group, and joined in by other journalists groups, such as the Society for Professional Journalists (SPJ-to which I belong) to point out the critical need, for all citizens of open government and freedom of information at all levels, federal, state and local.

 

The Associated Press reported that in the first year of the Trump administration more requests for public reports by journalists were censored when delivered, or reported as “couldn’t find” than in the previous decade of Obama and Bush. In Kentucky, our attorney-general, charged by law with handling similar requests—as well as those challenging violations of our excellent “open meetings” law, is constantly reporting that various state and local government units are still violating the law; thus keeping the citizens who elected their members from finding out what they are doing.

 

Do not think such violations are small potatoes, or have you forgotten, already, Watergate—when 2 courageous reporters kept after the Nixon administration until it fell from its own weight of breaking the law, lying to Congress, and other “high crimes and misdemeanors”; or the earlier Pentagon Papers (subject of last year’s movie “The Post”) where our government lied and lied to everyone about the Vietnam war, where thousands lost their lives, and so on.

 

Yet the MSM (main stream media) does a bad job of reminding us of how important they are. I saw one mention of Sunshine Week in a national media, zilch in our 2 main papers.

 

The Founding Fathers knew better. They wrote “freedom of the press” into  the First Amendment  (thanks to James Madison, whose birthday is this week and why we celebrate it.) (Education isn’t mentioned in the Constitution, but freedom of the Press is.)

 

But that Freedom is NOT exercised for members of the press, but for you.  Badmouth MSM all you want, we have our faults, but trying to exercise our rights, on YOUR behalf, isn’t one of them. I just wish we would do a better job of explaining to you, why.

 

I'm just sayin'...