Corporate Propaganda Research Archive
Everybody knows the dice
pondering & pandering: Just Say No, a Nevada tradition
CLINGING TO THE LEDGE>Do the Nancy Reagan thing
Just say no and invalidate term limits and right-to-work-for-less in the process
Barbwire by Barbano / Special Online Abstinence Edition / 3-5-2013
An edited and updated version appeared in the 3-7-2013 Daily Sparks Tribune
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If Reform Fails: Health Care, Jobs and Unions new power to the people on the public airwaves
program premiers were available to every television set in the region
because of a high-mileage media hybrid.
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CARSON CITY, Nev., USA > Nevada Democratic lawmakers today have a historic opportunity to join their Republican colleagues in the kind of bipartisanship that always pays political dividends.
In the grandest tradition
of GOP grand dames Nancy Reagan and Barbara Vucanovich, they can
just say no.
Nevada has already promulgated a presumably successful campaign implementing that time-honored approach to public policy.
The Nevada State
Division of Health, probably with (gasp!) Obamacare funding, currently
broadcasts radio and TV spots advising teenagers to maintain their respective
Paying to tell teens not to do it. (How about just paying the teens?)
Unoriginal, but politically safe. Denial builds character, right?
Lawmakers can perform a similar exercise in character building by saying no to the teachers' union tax petition.
According to law, they must pass the Nevada State Education Association measure as submitted by the Ides of March or it advances to the 2014 ballot.
If big business won't
render unto Caesar, maybe the voters will.
What are the benefits of ignoring the petition? Let me count the ways.
1. Gov. Veto El Obtúse will nuke any tax increase, so why write the last chapter of What's the Use?
2. Legislative Counsel Bureau research recently unearthed by former State Sen. Joe Neal, D-North Las Vegas, proves that the teachers' petition must meet a higher standard at the polls than has been imposed in more than 100 years. (See the Feb. 28 Barbwire at NevadaLabor.com for the drudgingly delightful details.)
3. Dance with the Supremes. Should it pass, but not by that higher standard, taxophobes and corporations can proceed to the friendly folks at the Nevada Supreme Court to blow out the tax hike. Score one for the conservative moonhowlers.
4. Something for everybody. If the court enforces the higher standard, more than 100 statutes passed by the initiative and referendum process get wiped out, including Nevada's union-busting Right-to-Work-for-Less (1952) and term limits (1996-98) laws.
So what's not to like?
All lawmakers have to do is what they have always been best at Just
Of course, they could always pass the tax hike to help the most underfunded schools in the country, but where's the fun in a jobs program for lawyers and accountants?
The Assembly Taxation and Senate (Tax) Revenue committees are reviewing the teachers' petition. Turn on, tune in and tell a friend.
IF THEY WON'T RENDER UNDER CAESAR, YOU MAY RENDER UNTO CÉSAR> CÉSAR CHÁVEZ CELEBRATION XI happens on Thursday, 28 March 2013, at Circus Circus-Reno. (Cocktails at 6:00 p.m., dinner at 7:15 p.m.) Antacids available for all who suffer thru Sen. Heller's joint address.
The César soirée during the 2011 legislative session almost drew a floor session quorum and this year may well break that record.
For more, including the history of the event going back to 1986, go to CesarChavezNevada.com/
You may view sponsorship information and purchase advance tickets at the website.
Prices go up as the
event gets closer.
>THIS JUST IN (REALLY)
At 1:36 PM 3/5/13, Scheduling wrote:
To: "'email@example.com'" <firstname.lastname@example.org>
Date: Tue, 5 Mar 2013 13:36:19 -0800
Subject: FW: Invite the Governor
Thank you for the invitation. Unfortunately, due to commitments already on the Governors schedule, he will not be able to attend. Thank you and I hope you have a wonderful day.
Executive Assistant to the Governor
Maybe the guv will remember to declare César Chávez Day this year as Sen. Ruben Kihuen's 2009 law requires.
Nevada's first Latino governor ignored the law last year, but hope springs eternal.
¡Si Se Puede!
SUPPORT BARBWIRE.TV, the new community TV channel. For information and donations go to ReSurge.TV
OF THE CITY. In his address this week, Sparks Mayor Geno Martini
stated that the Rail City's economy will not recover to pre-recession levels
for a decade. This comes as the tracks are vibrating that RED
Development, the welfare queens, who continue to bleed taxpayers
with the Marina project, are baking another pie-in-the-sky
proposal to hit the city for more millions. Stay
PARDON THE CHAMP. United Auto Workers Union boxing manager George "Battling" Nelson was undoubtedly heartened to learn of Sens. Reid and McCain's renewed efforts to pardon Jack Johnson, the heavyweight champion convicted of the crime of being black about a century ago.
Nelson will expand on the subject at the March 28 César Chávez event at Circus Circus.
GREAT MINDS THINK ALIKE DEPT. > In his biennial address to a joint session of the Nevada Legislature, U.S. Senate Majority Leader Harry Reid, D-Searchlight, called on lawmakers to repeal the state's term limit law.
As noted above, I'm
only too happy to help.
HONOR YOUR DON. Keep sending comments supporting legendary Nevada photographer Don Dondero (1920-2003) for the Nevada Press Association Hall of Fame.
His life's work appeared worldwide, including this newspaper.
Enlist in the campaign to install Big Don.
Please send me your memories and endorsements via e-mail or to P.O. Box 10034, Reno NV 89510.
The Barbwire got the late RGJ columnist Guy Richardson elected last year.
Let's go for a repeat.
Support the return of community TV to these parts.
If last year's elections didn't convince you of the need, the 2013 legislature certainly will.
Join up. You may donate at ReSurge.TV or contact me.
is important. Thank you.
VOTE FOR THE LUCKY 13, the most powerful Nevadans of 2013. Send nominations to <email@example.com>
year's rogues gallery will be linked to the expanded web edition of this
column at NevadaLabor.com/
LET'S GET IT ON. E-me to get on the Barbwire News bulletin list for information not filtered through corporate lenses.
I broke a bushel of major stories last year which the above lead item will very probably top. Blowing out more than a century of Nevada law in one swell foop doesn't happen every day.
Turn on, tune in and
tell a friend.
Be well. Raise hell.
Andrew Barbano is a 44-year Nevadan, chair of the Nevada César Chávez Committee, producer of Nevada's annual César Chávez Day celebration, first vice-president and political action chair of the Reno-Sparks NAACP, labor/consumer/civil rights advocate, member of Communications Workers of America Local 9413/AFL-CIO and editor of NevadaLabor.com and JoeNeal.org. As always, his opinions are strictly his own. Check local listings for other Nevada cable systems. E-mail firstname.lastname@example.org. Barbwire by Barbano has originated in the Daily Sparks Tribune since 1988.
The brutal law of unintended consequences
Between the devil and the deep Joe Neal
Barbwire by Barbano / Expanded from the 2-28-2013 Daily Sparks Tribune
Since the 2-28 and 3-7 columns are so inter-related, I have reproduced part of last week's edition here.
The Nevada teachers' business tax petition is poised to perpetrate the damndest legal scramble the state has ever seen.
The legislature has until March 15 to pass the measure verbatim or it advances to the November 2014 ballot.
For more than 100 years, petitions have been deemed passed if they win a simple majority of those voting on the issue.
It ain't necessarily so.
In 1980, Sen. Joe Neal, D-N. Las Vegas, ordered the Legislative Counsel Bureau to research a constitutional anomaly.
The result was astounding.
Neal, who taught constitutional law at Community College of Southern Nevada, caught a language quirk that also affected three other states, all of which fixed it before it became a problem.
The crux is that Nevada's Constitution mandates that in order to win approval, ballot questions must gain a majority of all the voters voting in an election, not just between those casting votes on individual issues.
A successful action can be brought before the Nevada Supreme Court upholding Sen. Neal's very well-grounded scholarship.
So do more than 100 others.
The research will be linked to the web edition of this column at NevadaLabor.com.
It includes letters from Legislative Counsel Bureau Research Director Andrew Grose with case citations and examples of petitions invalidated by these criteria.
You may also read the 1980 letters from Nevada Secretary of State Bill Swackhamer and Legislative Counsel Frank Daykin.
Ole Swack's non-response conveyed Atty. Gen. Richard Bryan's non-response.
Bottom line: Too hot to handle. Don't bother us. Please go away.
Alas and alack, the Las Vegas MGM Grand Hotel-Casino caught fire in 1980 and Sen. Neal got sidetracked getting the 1981 high-rise sprinkler law passed over the objections of the gambling industry.
The petition issue languished until he found this research a few weeks ago and sent an inch-thick file to me.
He included a transcript from Nevada's 1864 Second Constitutional Convention in which the framers state their intent that intiatives and referenda should pass only by winning a majority of all voters voting in an election. Read it yourself.
On 8 March 1939, Nevada Attorney General Gray Mashburn sent a letter to Secretary of State Malcolm McEachin that the issue should be taken to the Supreme Court.
We're still waiting for action on Mashburn's legal opinion.
A recent Nevada Retail Association poll showed 58 percent of Nevadans in favor of the teacher's tax petition. This is nothing new in a supposedly taxophobic state.
Polls taken every two years by the Alan Bible Research Center at the University of Nevada-Reno consistently showed an overwhelming three of four Nevadans favoring an increase in the gross gaming tax. Dancing to the gamblers' tune, the legislature took care of those pesky facts by defunding the poll.
The teachers petition will probably win but only narrowly.
Should it do so, tax-avoiding corporations will have only one recourse: take it to court to blow it out under Neal's criteria.
If the Supremes uphold the current system, Nevada schools get an extra $800 million a year.
If the blackrobes opt for the status quo, more than 100 Nevada laws are invalidated. (Read the Andy Grose memo to Neal.)
Either way, average citizens greatly benefit. A positive Catch22.
Joe Neal would not have it any other way.
Ignorance of the law is no excuse
"It is clear in my judgment that the amendment process in our constitution requires a majority of voters in an election...To adopt a contrary view...is to permit a constitutional provision to be added by a minority of voters.
"An example: If you had an election where a hundred thousand people voted for two candidates for governor and three voted on a constitutional question, two for and one against, the question would become part of our constitution with just two people voting for it. It was never intended by the framers." Letter from State Sen. Joe Neal, D-N. Las Vegas, to Secretary of State William J. Swackhamer, 2 April 1980. Neal's example is the same as that used in discussion of the provision by the framers of the state constitution in 1864.
Sen. Neal's research calls into question large swaths of Nevada law, some of which has been on the books for more than a century.
The crux is that Nevada's Constitution mandates that in order to win approval, ballot questions must gain a majority of all the voters voting in an election, not just among those casting votes on individual issues.
Here are summaries of the content with links to the documents at Sen. Neal's website.
THE SMOKING GUN > Sen. Neal's letter of 2 April 1980 to Secretary of State William Swackhamer challenging most of the initiatives and referenda passed since Nevada's admission to the union. It includes a list of legal citations, some of which may be found in the following titles. (4280 ltr)
LEGISLATIVE LAWYER MEMOS > Two letters from Legislative Counsel Bureau Research Director Andrew Grose with case citations and examples of petitions invalidated by these criteria. (1980 lcb)
TELL PONTIUS PILATE TO PASS THE TOWELS > April, 1980, letters from Nevada Secretary of State Swackhamer and Legislative Counsel Frank Daykin. Ole Swack's non-response conveys Atty. Gen. Richard Bryan's non-response. The Daykinism advice falls somewhere between non-sequitur and incomprehensible.
Translation: Don't bother us. Too hot to handle. Please go away. (4380 dayswack)
Alas and alack, the Las Vegas MGM Grand Hotel-Casino caught fire and Sen. Neal was sidetracked getting the 1981 high-rise sprinkler law passed over the objections of the gambling industry.
This issue languished until he found this research a few weeks ago and sent an inch-thick file to me. Sen. Neal never forgets.
WHAT THE HELL WERE THEY THINKING? PRETTY DAMNED WELL, IT SEEMS > Transcript from Nevada's Second Constitutional Convention in 1864, underlined emphasis added and referenced in Sen. Neal's 2 April 1980 letter to Secretary of State Swack. There is no doubt that the framers intended that petitions must win a majority of all voters voting in the entire election, not just on the ballot question itself. (Convention)
THE CONTROLLING LAW > Statutes of Nevada 1901: "No. XI. Senate Joint and Concurrent Resolution amending the Constitution of the State of Nevada by adding an article thereto." (Approved 19 March 1901.)
Section 2 of the latter reads: "When a majority of the electors voting at a State election shall by their votes signify approval of a law or resolution such law or resolution shall stand as the law of the State and shall not be overruled, annulled, set aside, suspended, or in any way made inoperative except by the direct vote of the people. When such majority shall so signify disapproval the law or resolution so disapproved shall be void and of no effect."
Sen. Neal says this remains the controlling statute. The state constitution regarding initiative and referendum was amended at the polls by adding Article 19 in 1904 (Sections 1 and 2) and Section 3 in 1912.
However, neither gained a majority of all voters voting in either election, so 1901 still rules and it unequivocally mandates a majority of all voters voting. (1901 SN)
Adios right-to-work-for-less, term limits and whole bunch else.
This house is condemned. Tear it down and start over.
1980 WAS INSTANT REPLAY > The 8 March 1939 opinion of Nevada Attorney General Gray Mashburn states that the issue should be taken to the Supreme Court by the Nevada Secretary of State.
We're still waiting. (1939)
Like his timid predecessors (Malcolm McEachin-1939 and Swack-1980), I rather doubt that current SOS Ross Miller II will have an appetite for something important rather than facilitating voter suppression in order to suck up to righteous right-wing moonhowlers.
Any and all comments welcome. I will forward the best to Sen. Neal.
Be well. Raise hell.
We Don't Need No Education
...and more ammo...
The continuing seriesThe Post-Dated Recession: Pay me now or pay me later
Barbwire by Barbano / Expanded from the 9-6-2012 Daily Sparks Tribune
The Post-dated Recession
By Joshua H. Silavent / Daily Sparks Tribune / 5-3-2011
Union decline and rising inequality in two charts
by Colin Gordon
Economic Policy Institute / 6-5-2012
Used in journalist Mark Robison's extensive Hard Labor: Nevada unions tout role in helping workers, firms, economy (Sunday 2 Sept. 2012 Reno Gazette-Journal, page one, Reno Rebirth section of the print edition). Union men Jim Burrell, Paul McKenzie and Guy Louis Rocha did the movement proud. Not included in the RGJ online edition.
Nevada Press Assn. Better Newspaper Contest
HAT TRICK: Barbwire takes first place three years in a row.
The campaign against forcibly-paid newspaper obituaries
And they wonder why the newspaper business is dying?
The Dean's List
The Dean of Reno Bloggers could very well be Andrew Barbano, self-described "fighter of public demons," who started putting his "Barbwire" columns online in 1996 and now runs 10 sites.
RENO NEWS & REVIEW, 11-9-2006
The 2009 first-place Nevada Press Association award winners
Tony the Tiger & the flaky NFL
Barbwire / 11-30-2008
Deregulation is never having to say you're sorry
Barbwire / 8-3-2008
Nevada: A good place to visit, but do you want to live here?
Barbwire / 6-15-2008
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Copyright © 1982-2013 Andrew Barbano
Andrew Barbano is a 44-year Nevadan, editor of NevadaLabor.com and JoeNeal.org; and former chair of the City of Reno's Citizens Cable Compliance Committee, He is producer of Nevada's annual César Chávez Day celebration and serves as first vice-president, political action chair and webmaster of the Reno-Sparks NAACP. As always, his opinions are strictly his own. E-mail email@example.com.
Barbwire by Barbano moved to the Daily Sparks (Nev.) Tribune on Aug. 12, 1988, and has originated in them parts ever since.
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