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Next congressman could win with less than majority Although the closed primary is common among the states, it’s new to Louisiana for congressional contests and, further, will debut in a special election in early 2008 for the House seat to be vacated by incoming Gov. Bobby Jindal. This could pose questions for many and, as a highly-trained specialist in this area whose graduate education in political science partly was paid for by Louisiana taxpayers, I’ll provide for its citizens some answers concerning this subject. First, as has been pointed out by one of my colleagues, that no runoff election exists to give a final general election winner an absolute majority not only is unremarkable for federal elections in the U.S., it is practically nonexistent. A very few states have super-minority kinds of requirements such as if nobody gets at least 40 percent in the general election that there is to be a runoff, but no state requires an absolute majority for declaration of a winner as a result of federal elections held on even-numbered years the first Tuesday after the first Monday in November. (In fact, only about a dozen states or so even require runoff elections for any election, almost all of them in the South.) Second, for the foreseeable future it will be rare that a winning candidate does not get an absolute majority in the general election, even if more than just a Republican and Democrat nominee run. As weak as the major parties are in Louisiana, the state of minor parties is much worse and the closed primary legislation was designed to strengthen the major parties without commensurate benefits for minor parties. It is difficult to imagine than any minor party candidate could get more of a small sliver of the vote in these kinds of contests any time soon when both major parties put up a nominee. Third, however, the exception could be well-(probably self-) financed independent candidates along the lines such as recent gubernatorial hopeful John Georges. But even their effect will be diminished because the new law implicitly has what is called a “sore loser” provision. In their explicit versions which many states have, the law flat out mandates that a loser of a party primary cannot run in the general election. (One state that does not have any such law is Connecticut, a lacking that Sen. Joseph Lieberman exploited last election cycle when he lost the party primary to a fringe far-leftist; he then ran as an independent in the general election and won.) Louisiana’s version is implicit because its sets qualifying for candidates who do not go through a primary nomination process at the same time as those who wish to vie for a party nomination. Normally, but not in the case for Jindal’s 1st District seat because it is a special election and all things are accelerated, that would occur four months prior to the actual general …
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Bossier Parish lawmaker Adley switches to Republican Party You can’t paint stripes on a horse and call it a zebra. State Rep. Billy Montgomery found that out when he changed parties prior to this year’s elections, then was defeated by a genuine conservative and Republican when he tried to extend his legislative life into the Senate. Now his ideological and Bossier Parish fellow traveler state Sen. Robert Adley has done the same. New Republican Adley claims he chose now to switch, almost two months after his reelection, because of his enthusiasm for the agenda of the Republican incoming Gov. Bobby Jindal. One wonders whether he spent too much time campaigning against a lightweight Republican challenger to be aware that Jindal’s agenda hardly has changed since he last ran for governor in 2003, so why didn’t this happen before the election? Instead, it’s almost comical the reasons he stated for the switch now, describing himself as a conservative reformer, saying "I'm excited we have a new governor with the same philosophy, and I want to be as effective as possible in dealing with him." Of course, his record in the Senate just from the past year violates truth-in-labeling. Jindal repeatedly has said ethics reform is his top priority; Adley was one of the two senators most responsible for killing meaningful reform in the 2007 session. Jindal also has stated he would like to see the reduction, if not outright elimination, of income taxes; Adley in Senate committee hearings has publicly disparaged the idea and help ram through only the most miniscule tax relief despite an enormous budget surplus. Give Adley some credit for a skill most people can’t perform (although politicians often can), talking out of both sides of his mouth. The real reason why Adley switched likely is he realizes his power and privilege in the Senate is endangered under a Jindal Administration. Currently vice chairman of the Senate’s Revenue and Fiscal Affairs Committee, his past contrary stance to Jindal’s agenda leaves him less likely to retain that position under the anticipated election of Sen. Joel Chaisson to the Senate’s Presidency, especially as Chaisson, supported by Jindal, wishes to increase Republican representation on key committees and to give leadership positions to more Republicans. For example, this committee ended the session with Democrats holding an 8-3 advantage in a chamber where there were fewer than two to one Democrats over Republicans, and both leaders of it Democrats. The proof will be in the pudding, if Adley does vote a much more conservative line starting next year. Still, this switch, like Montgomery’s, seems more of convenience than from actual belief, if Adley’s past actions compared to current rhetoric apply. (If you'd like to have Prof. Sadow's column mailed to you, go to http://www.between-lines.com and click on "Join the mailing list!" on the left-hand side.)
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Jindal poverty plan cuts roots, not branches If there’s any consternation at all about incoming Gov. Bobby Jindal not having an explicit policy on poverty reduction in Louisiana when it seems he’s got a policy suggestion for everything else, it comes from misunderstanding that in most cases in no direct away can government do anything lasting about poverty. For about four decades now, there has been a persistent failure on behalf of many elites, borne of the invalidity of political liberalism to explain the human condition, in comprehending the causes of poverty. There are two of these, each requiring a different public policy approach in order to minimize poverty and simultaneously improve the life prospects of those caught up in it. One cause of poverty is bad fortune, both temporary and permanent, but with the same basic solution. Say a short-term illness drives a family into poverty; in this instance, government may provide relief designed solely temporary in nature until the crisis has passed and breadwinners are able to return to the workforce. This would include people whose bad choices brought the problems onto themselves, where government policy must be not to facilitate that behavior. If it’s a long-term illness, disability, or the like, government should provide a minimal, decent standard of living at the lowest possible cost to the taxpayer. Related to this causes is misfortune in the sense that a person innately does not have the talent to contribute much beyond the minimal to society. As we know, in a free market wealth accrues to people in proportion to their contributions to society through their labor (whether it be physical or mental). Some will be very talented and thereby earn huge monetary rewards but others will be the opposite and eke out marginal remuneration. So long as the latter work hard, if they need government assistance to attain a minimal, decent standard of living, they should have it as they are contributing their maximum and trying their hardest to bring benefits to society. The other cause, one of which far too many intentionally or otherwise refuse to acknowledge, is poverty comes from behaving according to inferior attitudes. Simply, there are people who do not have impediments such as health problems who do not genuinely want to change their stations in life through hard work, thrift, and sacrifices of pleasures of the moment for long-term benefits; they would rather focus on instant gratification and hope others subsidize this behavior than to take it upon themselves to choose to behave in ways that will make them self-sufficient in the long run. These “poor” who lack willpower far outnumber those stricken by misfortune, the latter of which government can assist directly. Proper government policy accounting for this, realizing that only tyrannical government can (often just temporarily) force people to change their attitudes, focuses on providing incentives to persuade people to abstain from the previous inferior behavior which eventually will lead to genuine …
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McCrery decides against seeking 11th term Apparently, the frustration of a bifurcated life between career and family and an inability to pursue the agenda he wanted combined to have veteran Republican U.S. Rep. Jim McCrery decide against running for reelection for Louisiana’s Fourth District. The timing of the announcement of his decision, however, additionally likely included partisan factors. It was well known that McCrery was leaving sooner rather than later, given his past sentiments about the disruption his career caused to his family not only for him but of his wife and two boys. Something which may have encouraged him to hang on was his high position in the House GOP, at present the ranking member of perhaps the most powerful committee in the body, Ways and Means. The problem was, if not for the Democrats taking over control of the House last year, he would have been chairman of Ways and Means, and in position to write fiscal policy that emphasizes greater individual freedom, less government intrusiveness, pro-growth and greater efficiency. By contrast, Democrats have tried to push an agenda that takes more of the peoples’ earnings to favor special interests, would rather sacrifice prosperity on the altars of various causes such as the environmentalist anti-growth religion and other forms of political correctness, and thereby refuse to reform government programs to make them work better. Unfortunately, McCrery found out very quickly few of his ideas had any realistic chance of seeing the light of day, and the political trends of next years elections offer no assurance that Republicans could take back the majority. While Democrats might follow the suicidal path of nominating Sen. Hillary Clinton for the presidency, the large number of announced retirements from the House (his being the 18th so far) by Republicans make their chances only even of retaking the House even with a Clinton nomination. And, partisan politics may have played a role in the timing of the decision. He might have taken the chance to see if a Clinton meltdown would vault him into the chairmanship, then if not depart in 2010. But even as that would have led to two more years of decreased presence in his teenagers’ lives, a 2008 exit might also increase Republican chances of holding the district. With Clinton likely heading the Democrat ticket, that would be poison to any Democrat trying to succeed McCrery. McCrery definitely will be missed in both the district and the state. Louisiana would be fortunate if his replacement is of such quality. (If you'd like to have Prof. Sadow's column mailed to you, go to http://www.between-lines.com and click on "Join the mailing list!" on the left-hand side.)
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December 7, 2007…This week, it was announced by New Orleans Councilman-at-large Arnie Fielkow that the City Council would consider hate crimes legislation that would make it a crime to “intimidate someone with a noose, a swastika, a burning cross or any symbol deliberately chosen to frighten.” This effort was in response to about a dozen hate crime incidents which have occurred across the country in the past few months, including a well publicized case in Jefferson Parish involving a noose and a bull whip. The unfortunate events were likely a response to the publicity surrounding the Jena 6 case and the resulting civil rights march in that small Louisiana town. While civil rights leaders and human rights organizations praised Fielkow’s proposal, it was criticized by a diverse group of opponents including the ACLU. In fact, some critics blasted the proposed ordinance as nothing more than a “feel good” measure. As a result, Fielkow later announced that the measure would be “further vetted before being forwarded to the council for final vote.” Fielkow made the right move by delaying the vote. Hopefully, he will reconsider completely and drop the issue entirely. In reality, hate crimes are not a major problem in Orleans Parish, at least according to the FBI. In 2006 there was zero hate crimes reported in New Orleans. Yet, there were 162 serious crimes of another type, murder, which truly is the ultimate hate crime. This year, we don’t know how many hate crimes have been reported in Orleans Parish, but it surely is going to be infinitesimal compared to the ever growing murder rate, which currently stands at 205 for this year. The Jefferson Parish incident was swiftly and effectively handled by local officials and did not result in additional legislation. Orleans Parish should also deal with any incidents that arise on a case by case basis. Of course, hate crimes of any sort cannot be tolerated. Yet, any offender arrested on a hate crime charge will face serious consequences that are already outlined in federal legislation. As a result, no additional citywide legislation is needed. Based on reputable FBI statistics, hate crimes are not a major problem in Orleans Parish today and does not rank as a problem of any sort. However, there are major problems that should demand the immediate attention of the New Orleans City Council, such as: • Violent crime. So far, the murders in 2007 are setting the pace for New Orleans to be the Murder Capital of the nation once again • Revolving door criminal justice system • Homelessness. There are 10,000 homeless people in New Orleans, including hundreds who are camping at Duncan Plaza right across from City Hall. These people need to be relocated and an action plan needs to be implemented to deal with a problem that is growing • Lack of affordable housing • Poor public education system • Corruption. This has beset New Orleans for decades. Recent incidents involving former Council President Oliver Thomas, the Orleans Parish …
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Buddy Shaw to take Senate District 37 race We can draw several lessons from former state Rep. B.L. “Buddy” Shaw’s besting of outgoing state Rep. Billy Montgomery in the Senate District 37 contest, but perhaps the most important is the sign of continued maturation of the area’s electorate. Almost a year ago when Shaw began talking of running for the office, he knew that the perception could form among voters that, at 74 years of age, he was a bit long in the tooth to be pursuing the job, especially given a younger candidate already was in the race and a couple half his age would join. So he (and his wife) embarked upon a vigorous walking campaign that would have driven most politicians into the ground which had to dispel any thought that he wasn’t up to the job physically. It also reaffirmed one of the truisms us political scientists have discovered concerning local campaigns: by far the most effective strategy is personal contact. While it’s very time- and energy-consuming, it’s relatively inexpensive and enormously effective. This basic tenet seemed to escape Montgomery, who had not run a campaign in 20 years and his expressions of befuddlement about why he lost confirms it. Montgomery seemed to think that meet-and-greets and an avalanche of money (likely five times what Shaw spent, probably half a million dollars making it the most expensive campaign in state Senate history) could win it which, under typical circumstances with such a monetary disparity, might have worked. But Montgomery’s problem basically was he was a fraud in the minds of many in a district who had known little of him before the campaign. In a sense, Montgomery represents vigorous resistance to the passing of an era when a lack of information about a legislator’s record and state political news combined with an affable nature was enough to get Louisiana legislators elected. Montgomery’s past legislative behavior that smacked of liberal populism simply did not comport to the policy preferences of perhaps the most conservative Senate district in the state. Modern technology that got information out about his record plus the visible, contrasting view Shaw energetically disseminated could not be papered over by Montgomery calling himself a Republican and spending all outdoors publicizing the stuff he claimed he had and could bring back from Baton Rouge. It also helped that local and state Republicans took the rare step of backing one Republican over another, to alert voters of the difference (even as Montgomery had admitted he switched from Democrat out of political necessity). And other GOP opponents Jay Murrell and Barrow Peacock hammered home the same message that Montgomery was out of touch with the policy interests of his new district. But none of this publicity could have made the difference unless a majority in the district was ready for fundamental change. Simply, enough rejected the infantile model that bringing back stuff defined the quality of representation. Rather, …
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Hate crime legisaltion up for vote The American Civil Liberties Union usually gets it wrong, but even a stopped clock is right twice a day and it’s that time to be correct for the ACLU when it voices what oddly is almost the sole opposition to the New Orleans City Council’s Big Brother attempt to regulate thought. The Council appears ready to dive into and beyond the trendy and constitutionally and theoretically troubling waters of “hate crimes.” As a recent bill that passed the U.S. House of Representatives redefines the existing 1994 law, a hate crime is one where someone “willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person” – an expansion of the existing federal law in terms of protected categories. The existing federal act itself is highly problematic for it allows government to apply stiffer punishments merely on the basis of one’s presumed thoughts. It is inherently immoral because, by making certain motivations for committing violence cause for additional punishment, it tacitly condones violence that is not “hateful.” Violence is violence regardless of motive; it is the act, not the thought behind it (the only exception being self-defense because that removes entirely the criminality of the act), that causes the injury and it is unjust to treat equal acts differently. There are other obvious problems with the whole concept of hate crimes, constitutionally and in terms of application, such as really knowing what an attempted or actual assailant was thinking which invites abuse of government power using these statutes to persecute certain selected groups yet not others. But far worse is the Council’s desire to go way beyond existing law not just to expand the additional penalties for violent acts, but to make non-violent acts punishable under this concept as well. The envisioned ordinance creates the crime of intimidation by use of hate symbols by their mere appearance in public places when intended as an act of intimidation. This invites tremendous government abuse and selective prosecution based upon the political whims of the day and of politicians and government officials – how can you read the minds of people to say it was with the purpose of intimidation, and what is a “hate symbol,” and how does one know it was hatred on the basis of some category that motivated the individual? With a direct act or attempted act of violence, there’s no question of symbol and the act obviously intimidates. New Orleans’ municipal code already covers threatening someone with harm (such as Sec. 54-403 concerning disturbing the peace) so not only is this proposed law superfluous, it additionally makes “bad thoughts” a crime. And while such displays may be in bad taste, it should never …
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Jindal picks Angele Davis as top budget officer In keeping with the youthful orientation of his incoming administration, Gov.-elect Bobby Jindal selected current Secretary of Culture, Recreation, and Tourism Angèle Davis to serve as his commissioner of administration. Whether that will enable him to keep with his agenda of new direction in Louisiana remains to be seen. Davis is an experienced hand in state government and in that role, having been former Gov. Mike Foster’s deputy commissioner in that role, which, most importantly among other things, is responsible for fiscal policy. The question is whether she is committed enough to policies that reshape state spending priorities and cut taxes, burdensome regulation, and bureaucracy through her budgetary suggestions to him. Democrat-turned Republican Foster was not known as a smaller-government advocate, and the fact she had a high profile job in the Democrat administration of current Gov. Kathleen Blanco with Democrat Lt. Gov. Mitch Landrieu as her nominal boss indicates she is flexible enough to please masters of varying political persuasions. In addition, she has good experience for a Republican governor where there haven’t been too many in such positions of responsibility, which is needed. Yet this also leads one to wonder whether she will bend to good-old-boy legislators who want to keep a bloated, inefficient state government more suited to their political agendas. Especially to put up with lot of them in the incoming state Senate, she will have to be a firm believer in the platform for change Jindal espoused throughout his campaign to stand up to their attempts to sabotage it. We just don’t know at this point how successful she can be in that which will require deep belief in that platform that publicly in her past work she has not displayed. Still, it is something that this is not a wholly recycled appointment from the past. Jindal promised fresh faces for a new start, and as far as experienced individuals in state government go, she’s not too stale. (If you'd like to have Prof. Sadow's column mailed to you, go to http://www.between-lines.com and click on "Join the mailing list!" on the left-hand side.)
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Kennedy takes on tough job As the 2008 Senate race in Louisiana seems to be off and running, initial indications are that Democrat incumbent Sen. Mary Landrieu faces a serious challenge from Republican state Treasurer John Kennedy and to think her odds at this point of reelection are better than even ignores political reality. Kennedy’s declaration of candidacy allows him to start raising money to catch Landrieu, even as he has tried to spend generically from his Treasurer’s campaign account to build support. (State law prohibits transfer of campaign money from state to federal contests and vice-versa.) It seems to have worked, so far: Kennedy commissioned a poll from one of the premier national pollsters to find he led Landrieu 45-38 percent. It’s early, but an incumbent with those numbers is not in good shape. But Kennedy’s initial matchup probably won’t feature Landrieu. With the switch from the blanket to closed primary system for federal elections, he’ll likely have competition for the GOP nomination, perhaps from Sec. of State Jay Dardenne although Dardenne’s recent injuries and projected extended recovery time might have him reconsider – that and Kennedy has a lot of momentum going for himself. Still, it is unlikely that he would go unchallenged. For the GOP primary, Kennedy will have to satisfactorily answer a couple of concerns. First, when he ran for the Senate in 2004, he went off on a bizarrely liberal direction on several issues; he will have to give convincing explanations concerning these departures from conservative orthodoxy. Second, recent financial problems at the state’s insurer of which he as Treasurer sits as one of several board members will draw questions about his (among the many others) inattentiveness to the matter; Kennedy will have to demonstrate a mixture of contriteness and extenuating circumstances to allay concerns. If he can accomplish these things to win the nomination, he then is in an excellent position to draw a very flattering comparison to Landrieu. For example, as Treasurer, Kennedy got behind popular programs such as unclaimed funds reimbursement, and he became known as a fiscal watchdog ready to challenge spending priorities at odds with what was good for the state. For eight years four years prior to Kennedy’s initial election to the job, that office was held by none other that Landrieu, who did … absolutely nothing and, worse, let the good times roll without dissent as the state plunged into debt. (Kennedy worked for former Gov. Buddy Roemer during the first part of her reign in that position who encouraged some of this, but at least he can claim he was bound to do what his boss wanted in terms of policy why Landrieu was completely free to do as she liked.) Also, Landrieu has required quite a reputation for supporting spending in nonsensical ways, earning national condemnation with some of her choices potentially contributing to New Orleans having been less prepared …
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Jindal proving hard to read I guess I’m not part of the “political class” that keeps “busy with a new pastime: reading tea leaves” concerning what Gov.-elect Bobby Jindal will promote as policy when he takes office. Maybe I’m just too simple, but it seems like to me it’s all been made very obvious to us – which will give us clear benchmarks by which to assess his performance in the future. It baffles me why one cannot go to Jindal’s campaign site and read what he has to say about important issues of the day. One columnist claims there’s only issue he seems to be clear on – ethics reform – and then thinks everybody must guess what he’s going to do. Well, it’s not hard to figure out, so let me assist: 1. Jindal wants to change the focus of health care. He proposes moving from a one-size-fits-all concept to one that simultaneously empowers consumers and brings more efficiency to the state’s pursuit of better health care. 2. He wants to shift spending priorities, principally dealing with transportation. He’d like to get rid of “slush fund” kind of spending which is determined more by politics than by genuine needs, where one of the biggest needs is an ailing transportation system. 3. He wants to change emphasis in education. He supports reconfiguring education systems and improving learning environments not necessarily with more expenditures, but by higher and reconceptualized standards. 4. He wants to reduce taxation, principally on income taxes. Certainly he desires immediate relief on certain counterproductive business taxes, but in the long run he’d like to lower if not eliminate income taxes. To put things in even more specific terms that the “political class,” journalists, and anybody else who can’t understand the above: (1) Jindal wants to pass more stringent ethics requirements for those in government, (2) he wants to adopt an indigent health care system that steers money towards patients and the choices they make rather than to institutions where most money then gets controlled by government, (3) he wants to divert money when raised in certain specific areas such as transportation for use in that area, (4) he wants to have funding for higher education focused more on benchmarks of education of students rather than attraction of students by an institution, and (5) to cut corporate and individual income taxes, perhaps all the way to zero if he stays in office long enough. None of this is really difficult to understand, and has been repeated and publicly reported upon numerous times. Jindal either will carry out what he said he was going to do, or he won’t. He’s not at all been ambiguous about what he supports, and a good portion of those who voted for him did so because of what he said on the issues. Yet somehow one observer opines it was not clear what “Jindal was saying and doing just to …
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