Yesterday’s Flash Report highlighted an excellent Golden Pen selection from George Will regarding the judiciary’s meddling in Proposition 8. Among his many keen observations, Will made the following comment about states’ use of the initiative process:

“Passing laws by referenda is an imprudent departure from the core principle of republican government – representation: The people do not decide issues, they decide who shall decide. But the right of Californians to make laws through the direct democracy of referenda is as firmly established as it is promiscuously exercised.”

Although Will doesn’t seem to agree with the initiative process—based on republican principles—he concedes its use has passed constitutional muster. Will’s position recalled to my mind an experience I had last year when I was helping collect signatures for the marriage constitutional amendment. One man I talked to said that although he agreed with the amendment’s definition of marriage, he would not sign the petition because he believed, as George Will argues, the initiative process violates the… Read More

Liberal election lawyers are calling "bold and dangerous" and a "potential blockbuster" a brief filed by former Solicitor General Ted Olson on behalf of Citizens United in a Federal election case currently before the U.S. Supreme Court. Citizens United produced a critical film about Hillary Clinton during the presidential election, and marketed it as a commerical venture a la Michael Moore. Regulators didn’t like the idea and Citizens United couldn’t get a court to agree with them that their film should not be subject to Federal Election Commission regulation, such as the ban on corporate funding in any federal election. Now the issue of whether such an activity is an illegal "corporate" expenditure in a Federal election is one of several issues to be decided by the nation’s highest court.

The liberal pro-regulation lawyers are concerned that the Citizens United case might be a basis for the Roberts Court, which has proven itself to be deregulatory-oriented inFirst Amendment/election law cases, to overturn the case of Austin v.… Read More

The Bush Presidency is almost over. In November the President announced the pardons of several people that included embezzlers, drug dealers, liars and the like.

There is an injustice that President Bush still has a few days to correct. Read my lips: Pardon Pat Nolan.

Most people know Pat Nolan now as the president of Justice Fellowship and his work for prison reform.

I met him over two decades ago as he served as State GOP Assembly Minority Leader Pat Nolan. Pat Nolan was an Assemblyman from the Glendale area.

But he was more than that. Nolan was the conservative movement in California. He was the one that helped organize conservatives in attempt to capture Democratic seats and preserve Republican ones. He found and developed leaders. He led fights in internal battles with GOP “old guard” types that stood in the way. Nolan also took care of his constituents.

That came to a screeching halt when he plead guilty in a FBI sting, one year before the Republicans took control of the State Assembly. One can only… Read More

It’s the first week of the 111th Congress and it’s a little like the first week back at school in September. "So what did you do over the holidays?" is the standard greeting as "What did you do over the summer?" was in high school. There are the new kids (freshman Congressman numbering over 50), the missing kids that graduated (retired or elected to something else), and you also notice the absence of kids that were expelled (lost reelections). So, we all get sworn into office for another term, reacquaint with one another, introduce ourselves to the freshman who we don’t recognize, and note Congresswomen with new hairstyles and Congressmen with changes in facial hair. I have added to that number by growing a beard in the off-season.

Then it’s back to work, and given a terrible economy and a fragile international climate, there is plenty of work to do.… Read More

The Bush Presidency is almost over. In November the President announced the pardons of several people that included embezzlers, drug dealers, liars and the like.

There is an injustice that President Bush still has a few days to correct. Read my lips: Pardon Pat Nolan.

Most people know Pat Nolan now as the president of Justice Fellowship and his work for prison reform.

I met him over two decades ago as he served as State GOP Assembly Minority Leader Pat Nolan. Pat Nolan was an Assemblyman from the Glendale area.

But he was more than that. Nolan was the conservative movement in California. He was the one that helped organize conservatives in attempt to capture Democratic seats and preserve Republican ones. He found and developed leaders. He led fights in internal battles with GOP “old guard” types that stood in the way. Nolan also took care of his constituents.

That came to a screeching halt when he plead guilty in a FBI sting, one year before the Republicans took control of the State Assembly. One can only… Read More

The Governor gave his rather short State of the Union speech today, where he cleverly said that we are in a "state of emergency" — no kidding!

That said, I was annoyed that once again those of us who feel that a crisis created by overspending should be solely resolved by reductions in spending are classified as "ideological" (not that I have trouble being called an ideologue) — but the way he says it portrays ideologues as a negative influence on the public policy process.

What is a ideologue? In my opinion, it is someone who has strong convictions and beliefs, and stands by them, especially when all of the special interests are bearing down upon you.

The Governor had no problem being an anti-tax "ideologue" when he was campaigning for election and re-election. But now that he has drank the public employee union Kool-Aid, about the need to respond to respond to overspending with overtaxing, he feels the need to paint loyal Republicans snidely as ideologues

Some things lend themselves to compromise, and some things do not. Belittling those who feel that compromising on taxes is a tragic mistake is no way… Read More

FR friend John Ziegler interviewed Alaska Governor Sarah Palin. The video runs nearly ten minutes long, but it’s worth watching… … Read More

This off the transom from the office of San Bernardino County District Attorney Ramos:

jurisdictions: Highland, San Bernardino, Apple Valley, Victorville, Rancho Cucamonga, and Rancho Santa Margarita in Orange County. These actions are part of the District Attorney’s ongoing investigation involving Assessor Bill Postmus. During a search at his residence in Rancho Cucamonga, evidence of narcotics violations was discovered. Investigators arrested Assessor Bill Postmus and booked him on the following charges: H&S 11364 (Possession of… Read More