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February 10, 2012
Rabbi Nathan Lopes Cardozo: The biblical case against small-mindedness involved diminishing His precious prophet
Caroline B. Glick: The Peace Process is over. Finally
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
Rachel Koning Beals: Gen X Women Continue to Shrink Gender Investing Gap
The Kosher Gourmet by Faith Durand: Who Says You Can't Make Restaurant Favorites at Home?: MANGO AND STICKY RICE
February 9, 2012
Jeff Strickler: An argument a day keeps the divorce away, they say
Clifford D. May: CAIR's Crusade against The Third Jihad
Melissa Healy: Study finds jolt to the brain boosts memory
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
Emily Brandon: 10 Necessities for a Great Retirement Spot
The Kosher Gourmet by Diane Rossen Worthington: Winter Squash and Red Swiss Chard Risotto is Colorful Cozy Cold Weather Fare (includes detailed dos and don'ts)
February 8, 2012
Rivy Poupko Kletenik: Tree hostility: The auspicious history of the evolution of Tu B'Shevat
Steven Emerson: Planting Trees is Racist?!
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Anne Applebaum: Russia's Potemkin democracy
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
Emily Brandon: 10 Necessities for a Great Retirement Spot
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Kathleen Hennessey and Christi Parsons: Obama not worried that birth-control move will hurt his re-election chances with Catholics, other faithful
Caroline B. Glick: Obama's rhetorical storm
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
David Francis: How to Avoid an IRS Audit
The Kosher Gourmet by Emma Christensen: These homemade energy bars (3 recipes) are far better workout fuel than commercial ones, packing power and taste
February 6, 2012
Scott Peterson: Iran's top ayatollah: We're trumping the West
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Philip Moeller: Where Smart Investors Put Their Money
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
The Kosher Gourmet by Joseph Erdos: Vegetable Frittata --- leftovers never tasted so scrumptious
February 3, 2012
Rabbi Dr. Warren Goldstein: Living with ideals --- in reality
Caroline B. Glick: Fool me twice
Jonathan Tobin : Adelsonphobia Strikes in Nevada Caucus
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Kimberly Palmer : 8 Ways to Get Ready for Retirement Now
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
The Kosher Gourmet by Faith Durand: A quick cookie recipe: Hazelnut and Olive Oil Shortbread: Sweet, Nutty, and Savory
February 2, 2012
Rabbi Yaakov Rosenblatt : Welcome Home, Governor Perry
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Kelsey Sheehy : 5 Tips for Choosing an M.B.A. Concentration
Rachel Koning Beals : Investors Increasingly Tap Social Media for Stock Tips
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
The Kosher Gourmet by Leela Cyd Ross : Savory vegetable pie is a taste of European bistro with minimal effort and maximal flavor
February 1, 2012
Nara Schoenberg: What to do when you've been dissed
Michelle Malkin: First, They Came for the Catholics
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Lisa M. Krieger: Possible breakthrough in preventing Alzheimer's
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
Susan Johnston: 5 Apps for Organizing Your Expenses at Tax Time
The Kosher Gourmet by Mario Batali: The famed chef's Broccoli and White Bean Soup can easily be a lunch in itself, or a nice antipasto --- and is hard to mess up
January 31, 2012
Paul Greenberg: Separation of Church and State works two ways
Caroline B. Glick: Hamas and the Washington establishment
Frank J. Gaffney Jr.: Uncle Sam is joining in efforts to crack down on Islamists' critics
Danielle Kurtzleben: The 10 Worst Cities for Finding a Job
Laura McMullen: 3 Tips to Overcome a Bad Grade in College
The Kosher Gourmet by Faith Durand: Orzo dish mixes plump, chewy grains with caramelized onions, garlic, mushrooms and sweet potato
January 30, 2012
Rabbi Avi Shafran: Blind faith and physics
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
Menachem Wecker: 3 Do's and Don'ts for Healthy Studying in College
The Kosher Gourmet by Diane Rossen Worthington: Butternut Squash Gratin with Tomato Fondue is a combination of the sweet and creamy
January 27, 2012
Rabbi Berel Wein: What Pharaoh can teach us sophisticates about being stubborn
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
The Kosher Gourmet by Emma Christensen: Barigoule is a light and tangy dish of artichoke hearts stewed in white wine
January 26, 2012
Jonathan Tobin: Newt the closet anti-Semite?
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Martin Peretz: One Year Later: The Failure of the Arab Spring
Rachel Koning Beals: Need to Know info before investing in Muni Bonds this year
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
The Kosher Gourmet by Leela Cyd Ross: Curried Coconut Carrot Soup. Need we say more?
January 25, 2012
Andrew Silow-Carroll: Speak politics the Jewish way!
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
Menachem Wecker: Adding an extra 'm' -- marriage -- to that M.B.A.
Melissa Healy: Harnessing shrooms' magic
The Kosher Gourmet by Hilary Meyer: 3 Secrets Leave All of the Comfort in this 'Comfort Food', but few of the Calories
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Jada A. Graves: 6 Careers to Watch in 2012
Jason Koebler: Who Should Have Access to Student Records?
Erika Bolstad: Black conservatives gather to talk about gaining strength
The Kosher Gourmet by Diane Rossen Worthington: This luscious fruit bread marries toasted pecans with juicy pears. Perfect with a pot of tea
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Stephanie Hanes: Toddlers to tweens: Relearning how to play
Jack Kelly : Still ignoring history
Rachel Koning Beals: Awkward Questions You Must Ask Your Financial Adviser
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
The Kosher Gourmet by Emma Christensen: Spanakopita is a golden pie that manages to be healthy yet still taste indulgent
January 19, 2012
Clifford D. May: How terrorists lose their stigma
Suzanne Bohan: Vanquishing social anxieties without drugs
Lisa Fernandez and Sean Webby: In alternative lifestyle, domestic violence means men as victims and women being abusers
Danielle Kurtzleben: The 10 Best Cities for Finding a Job
The Kosher Gourmet by Diane Rossen Worthington: Three bean soup with gremolata
January 18, 2012
Edward I. Koch: Why the Crocodile Tears, Hillary?
David G. Savage: Supreme Court to Principals: You have been warned
George Friedman of Stratfor: Iran, the U.S. and the Strait of Hormuz Crisis
Jason Koebler: 'Holy Grail' of Flu Vaccines by Next Year
Alex M. Parker: The Off-the-Radar Congressional Targets of 2012
The Kosher Gourmet by Susan Russo: Got soft apples? Make Apple-Maple Walnut Breakfast Quinoa
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
Sharon Palmer, R.D.: Believe it or not, your cuppa joe offers potential health perks
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
The Kosher Gourmet by Emma Christensen: Eleventh-Hour Freezer Pasta, Made Interesting: Ravioli with romesco sauce; Tortellini salad with apples and walnuts
January 13, 2012
Chief Rabbi Dr. Warren Goldstein: Expansion Of Spirit (PROFOUND yet UPLIFTING)
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Rachel Koning Beals:Top Complaints About Daily Deal Sites --- how to avoid missteps
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
The Kosher Gourmet by Diane Rossen Worthington: Braised Oxtail Stew with Olives
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
Ken Dilanian and David S. Cloud: In secret study, CIA and 15 other U.S. intelligence agencies warn Obama against leaving Afghanistan too soon
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
Menachem Wecker : 4 Technology Must Haves for Online Students
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
Rachel Koning Beals: Should You Invest in Bond Funds or Individual Issues?
The Kosher Gourmet by Faith Durand : Colorful Lentil Salad with Walnuts and Herbs
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
Paul Bedard: Study: Is Fox Too Balanced?
Rachel Koning Beals: Is it Time to Move into Homebuilder Stocks?
The Kosher Gourmet by Carolyn Malcoun: Brothy Chinese Noodles

Half the Sodium (and More Than Twice the Fiber!)

January 9, 2012
Caroline B. Glick: The land-for-peace hoax (MUST-READ/FORWARD/SHARE)
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
Bonnie Miller Rubin: The new college-admission essay: Short and tweet(ish)
Rachel Koning Beals: Why Mid-Caps Stand Out in This Slow-Growth Stretch
The Kosher Gourmet by Diane Rossen Worthington: Cumin seed roasted cauliflower with salted yogurt, mint and pomegranate seeds
January 6, 2012
Jonathan Rosenblum: Greatness --- and those who sully it
Clifford D. May: The Historian, the Diplomat, and the Spy
Paul Bedard: Study: Obama Is Late Night's Biggest Joke
Rachel Koning Beals: An Investing Guide to Closed-End Funds
The Kosher Gourmet by Faith Durand: Slow Cooker Peppered Beef Shank in Red Wine

Jewish World Review Oct. 16, 2006 / 24 Tishrei, 5767

How judges threaten direct democracy

By John H. Fund


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http://www.JewishWorldReview.com | Government officials pay homage to democracy, but this election year some are actively trying to undermine it. While the 79 citizen-sponsored initiatives that will be voted on this year is up 25% from 2004, courts have become increasingly aggressive in throwing them off the ballot, often for dubious reasons. In addition, there are accusations that unions and other groups have employed tough-guy measures to block some proposals from consideration.


Direct democracy in the 24 states that allow it often makes government function when arrogant, self-absorbed legislatures are gridlocked. Voters in several states have imposed term limits and curbed bilingual education and racial quotas, hot-button issues legislators often shrink from tackling. Liberals have used initiatives to pass minimum-wage hikes and tobacco taxes that were often blocked by legislatures where powerful lobbyists hold sway.


Establishment forces have long resented that initiatives allow voters to do an end run around them and are always looking for ways to limit them. Florida's Legislature put a measure on next month's ballot that would require a 60% supermajority for passing all future constitutional amendments. Such a barrier would discourage many groups from even trying to qualify measures. In Massachusetts, more than 170,000 voters signed petitions for a ballot measure against same-sex marriage. But the Legislature, which is required to vote on initiatives before they reach the ballot, is trying to avoid holding a vote. House Speaker Salvatore DiMasi has urged his colleagues to make sure the issue marriage "never, ever appears as a question on the ballot."


But the biggest threat to initiatives comes from the courts, which are striking measures from the ballot with abandon. The Florida Supreme Court, infamous for its creative rulings in the 2000 recount, has removed a proposed measure creating a nonpartisan commission to redraw the state's gerrymandered legislative districts on the grounds it deals with more than one subject.


In Oklahoma and Nevada, measures restricting government's powers of eminent domain and restricting land use were either removed or gutted on single-subject grounds. In Montana, an initiative limiting growth in the state's budget to increases in population and inflation was declared invalid because it authorized judges to modify the spending cap. A district judge ruled that provision represented a second subject.


In June the Colorado Supreme Court used a similar interpretation to remove an initiative denying most state services to illegal immigrants. The court bizarrely ruled that the initiative fell afoul of that requirement because it reduced taxpayer funding of services to illegal immigrants while it also denied services to that group. This puzzled legal scholars, who noted that the decision directly contradicted a previous ruling by the same court on a gun-show initiative, which concluded: "The mere fact that the initiative contains detailed provisions for its implementation does not mean that it contains multiple subjects." The Denver Post, which opposed the anti-immigrant services measure as "mean-spirited," nonetheless accused the court of applying "logic that pretty much escaped the rest of us" and urged that it reconsider and restore the initiative to the ballot.


"State courts are aggressively wielding the single-subject requirement to deny voters the ability to vote on important public policy issues," says Elizabeth Garrett, a University of Southern California professor who worked in the office of Sen. David Boren, an Oklahoma Democrat.


There are also administrative barriers to initiatives making the ballot. South Dakota's secretary of state removed two measures by claiming that an initiative could not be used to repeal an existing law. The state's Supreme Court overruled him and ordered the two measures reinstated.


Sometimes lower-level government officials actively prevent the gathering of signatures. In Nebraska, a group seeking to put a spending cap on the ballot expected to face union-paid "blockers" who would yell at and otherwise intimidate people being asked to sign petitions as well as robo-calls warning voters that signature gatherers might engage in identity theft.


What they didn't expect was that unionized police forces in Omaha and Lincoln would deny signature gatherers the right to work outside driver's license bureaus, libraries and the public sidewalks that lead to private buildings. Some police officers would even threaten petitioners going door to door with arrest, saying they first needed a permit to "solicit." A federal judge had to issue a temporary restraining order stipulating the right to collect signatures outside public buildings and on sidewalks. Freed from harassment, spending-cap proponents collected over a third of the necessary signatures in just a week and qualified for the ballot.


In a battle over a spending-cap measure in Nevada, a state judge imposed an agreement mandating courteous behavior and no interference with signature gathering after a series of incidents involving intimidation of voters. The measure was eventually struck from the ballot after a finding that voters had signed petitions for a measure slightly different from the version that would have appeared in voting booths.


The latter Nevada ruling does point to a degree of sloppiness and sometimes even outright fraud in the gathering of signatures that must be policed. This year, a company called National Voter Outreach hired to qualify several antitax and eminent-domain measures failed to exercise quality control over its operations and contributed to the striking of ballot measures in Oklahoma and Missouri. In Akron, Ohio, the local elections board has asked prosecutors to investigate seven people for possible petition fraud over minimum-wage increase petitions that included dead voters and different names with the same handwriting.


Initiative proponents should crack down on such abuses and practice better disclosure of who finances their efforts. Liberal groups such as the Ballot Initiative Strategy Center rail against "conservative millionaires dumping money into states they know nothing about" in order to qualify antitax measures. But BISC has been funded in part by George Soros, one of several liberal billionaires who are actively trying to conceal exactly where their donations are going. The Washington Post reports Democracy Alliance, a group of some 100 top Democratic donors, has recently directed over $50 million to liberal groups but only if they promise to shield the identity of donors. The public would benefit from more disclosure by all parties.


In those states where proposed spending-cap measures have made the ballot, opponents have ramped up their rhetoric to a fever pitch. Listen to Jim Griess, executive director of the Nebraska State Education Association: "The struggle in which we are engaged is as vital to our future today as was the outcome of the Civil War to our nation in 1860 [sic]. The goal of these locusts is to impose their will on state after state until they have completely demolished government as we know it. There is a time for every generation to rise to the call — when the very existence of our nation, our state, our values, our culture and our public schools are threatened with extinction." All that over a measure that would merely limit the growth of state spending to increases in population and inflation.


That kind of overheated rhetoric against spending caps prompted Paul LePage, the mayor of Waterville, Maine, to complain to the Maine Municipal Association about its campaign against the Taxpayer Bill of Rights measure on the Maine ballot. "Using emotional scare tactics, distortions, and lack of trust in our democratic society is contemptible," he wrote officials of the association last month. "When government fails its constituents, citizens need to take action. While I would prefer having fiscally responsible elected officials, however, short of having that we must resort to referendums."


Mayor LePage has the balance exactly right. With incumbents increasingly making themselves invulnerable to challenge through either gerrymanders or campaign finance restrictions, the right of initiative is an important safety valve. The process can be abused, but most voters are discriminating and reject measures that don't stand up to scrutiny. The late economist Mancur Olson argued that the downfall of democracy would be its tendency to calcify into special-interest gridlock. Direct democracy is one way to stop that from happening.

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JWR contributor John H. Fund is author, most recently, of "Stealing Elections: How Voter Fraud Threatens Our Democracy". (Click HERE to purchase. Sales help fund JWR.)

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© 2006, John H. Fund

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