Give Liberty a Chance!

God has given to men all that is necessary for them to accomplish their destinies…

And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgement of faith in God and His works.

- Frederic Bastiat, The Law, 1850

Wednesday, October 22, 2008

Independence Forever

In our day the Fourth of July, or simply “the 4th”, has become a day of festive activities replete with barbeques, fireworks, parades, summer fun, and extended vacations all dressed in a patriotic red, white, and blue.

Since the early days of our Nation’s founding America has celebrated its birthday while the rest of the world watches – some jealously, some with disdain, and others with awe. The birth of America – the “Great Experiment” in self-government – is still a strange notion in many parts of the world.

For me, the Fourth of July is indeed a time of celebration, but it is also a time of remembrance and thanksgiving. It is more than just a date on a calendar, it is “Independence Day” – a day when a small group of men gathered on a hot, steamy day in a horsefly ridden room stood together and declared that they were free and were prepared to take up arms to defend that freedom against the mightiest military power of their day.

On July 2, 1776 the Second Continental Congress voted to approve the Declaration of Independence which called for a complete separation from Great Britain. It was two days later, on July 4 that the draft of the Declaration was signed by two individuals: John Hancock, the President of Congress, and Charles Thompson, Secretary of Congress.

Four days later, on July 8, the members of Congress read the Declaration of Independence from the steps of Independence Hall proclaiming it to the city of Philadelphia. Afterwards, the Liberty Bell was rung. I find it fitting that the inscription around the top of that bell reads, “Proclaim liberty throughout the land and to all the inhabitants thereof”.

On August 2, 1776 the Declaration of Independence was signed by the members of Congress. William Ellery of Rhode Island stood at the table to see the face of each delegate as he courageously put his name to the document. He witnessed some men sign quickly "but in no face was he able to discern real fear." He watched as Stephan Hopkins, also of Rhode Island and a man in his sixties, put his signature to the document with a shaking pen while declaring, “My hand trembles, but my heart does not."

The first shots of the American Revolution had been fired the year before at Lexington and Concord. News coming in from General Washington was not encouraging and British ships were at anchor in the New York harbor, but still our Founders put their names to a document - their death warrant - that ended with a firm resolve “…for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor”.

While we celebrate today, the solemnity of that day was recorded by Dr. Benjamin Rush in a letter to John Adams in 1781:

Do you recollect the pensive and awful silence which pervaded the House when we were called up, one after another, to the table of the President of Congress to subscribe to what was believed by many at that time to be our death warrants? The silence and gloom of the morning was interrupted, I well recollect, only for a moment by Colonel Harrison of Virginia who said to Mr. Gerry at the table: 'I shall have a great advantage over you, Mr. Gerry, when we are all hung for what we are now doing... From the size and weight of my body I shall die in a few minutes, but from the lightness of your body you will dance in the air an hour or two before you are dead.' This speech procured a transient smile, but it was soon succeeded by the solemnity with which the whole business was conducted.


These men had a solemn understanding that freedom is not free.

For the first three years of the Revolution no country would give a loan to this fledgling nation to fight the British. Robert Morris of Pennsylvania was the financier of the war and used his personal fortune and his own credit to keep the Continental Army equipped and on the move. Even after foreign powers began providing financial assistance money remained in short supply.

In 1781, General Washington was planning the campaign against Cornwallis at Yorktown. He turned to Judge Peters of Pennsylvania and asked, “What can you do for me?”

“With money, everything, without it, nothing,” came the reply.

General Washington anxiously turned to Mr. Morris who replied, “Let me know the sum you desire.” It has been commented that the campaign of 1781 resulting in Cornwallis’ surrender and virtually ending the Revolutionary War (the peace treaty would not be signed until 1783) was possible wholly on the credit of one individual. In the end, the new government in America was unable to repay Mr. Morris and yet he never complained, because he had given his word.

The personal sacrifice of Robert Morris was not unusual for the signers. Of the 56 signers of the Declaration of Independence:

  • Nine died of wounds and other hardships during the war.
  • Five were captured, imprisoned, and brutally treated.
  • Several of these men lost their wives, their sons, or their entire families. One, John Hart of New Jersey lost his wife and never saw his 13 children again.
  • Twelve had their homes completely burned by the British.
  • Seventeen lost all that they owned.

Freedom is not free; it is bought with blood and washed with tears.

John Adams commenting on the signing of the Declaration reflected:

You will think me transported with enthusiasm, but I am not. I am well aware of the toil and blood and treasure that it will cost to maintain this Declaration… Yet through all of the gloom I can see rays of ravishing light and glory. I can see that the end is worth more than all of the means; that posterity will triumph in that day’s transaction, even though we may regret it, which I trust in God we shall not.

Our Founding Fathers have passed the torch to succeeding generations; let us not allow it to go out. This Independence Day remember the sacrifices of those who have gone before us in defense of, and to preserve, our Liberty. Give thanks to God and, like John Adams celebrating the 50th anniversary of the Declaration of Independence, raise your glass in a toast proclaiming, “Independence forever!”

May God bless our men and women in uniform on missions throughout the world serving on our behalf and may He comfort those whose loss runs deep.

Tuesday, May 27, 2008

Session Wrap Up

The final days of the 2nd Regular Session of the 94th General Assembly came to close at 6pm on May 16, 2008. Each session brings with it numerous opportunities and challenges and this session was no different. The top three issues addressed by the General Assembly this year were property tax reform, illegal immigration, and economic development.

Property Tax Reform (SB711)
Judging by the contacts I receive from constituents, property taxes have become a number one priority of the people in Clay County. I have heard from many of you who are struggling to afford to stay in your homes due to steep increases in assessed valuation that in turn lead to a large increase in your property tax bill and the arrogance of our county to make us pay for penalties and interest due to an error of their own making. The legislature was successful in passing legislation that requires that property tax increases exceeding inflation be automatically rolled back to the previous year’s tax rate. Additionally, this legislation requires that counties refund fees or interest charged when the county was at fault. Additional property tax relief will also be available to seniors and the disabled with incomes up to $30,000 for a single homeowner and $34,000 for married couples by increasing the “circuit breaker” tax credit up to $1,100.

Illegal Immigration (HB1549)
Under new legislation the state of Missouri will pick up where the federal government has failed. Inadequate enforcement of our immigration laws by the federal government gave Missouri cause to empower our law enforcement, protect taxpayer benefits, and remove the magnets that attract illegal aliens to Missouri.

This comprehensive legislation requires the Highway Patrol and other law enforcement agencies to verify the immigration status of any person arrested and inform the federal authorities if a person is found to be here illegally and allow additional Missouri law enforcement officers to receive training to enforce federal immigration laws. In addition to empowering law enforcement, this legislation also makes it clear that illegal aliens will not have access to taxpayer benefits, such as state-provided health insurance and food stamps. This will help add greater accountability to our public benefit programs while saving taxpayers money. In addition, this legislation prohibits sanctuary cities designations and criminalizes those who transport illegal aliens in violation of human trafficking laws. Employers who knowingly hire illegal aliens or who intentionally falsify the classification of employees as contractors will also face sanctions and penalties.

Economic Development (HB2393)
Job creation remains a top priority for the legislature. This year, the legislature expanded the Quality Jobs Act and the Enhanced Enterprise Zones program to further attract and retain family supporting jobs. The legislature also approved a “mega project” plan to attract an aircraft assembly plant in Kansas City. This project has the potential to directly employ 2,100 people with many additional ancillary jobs that could double that number. In addition, a proposal was approved to finally clear the way for new development around KCI that could attract new warehousing and light manufacturing opportunities for our region.

In addition to these major initiatives, a wide range of legislation dealing with everything from agriculture to education to autism health care and scrap metal theft were also addressed.

Mortgage fraud legislation passed this session lets those looking to take advantage of homebuyers know that Missouri will not tolerate mortgage fraud. The legislation places local prosecutors on the same footing as federal investigators who were the only ones that were able to prosecute offenders and were extremely inefficient. It also creates civil and criminal penalties for residential mortgage fraud.

Legislation was also passed to create the "Missouri Returning Heroes' Education Act" to assist veterans returning from Iraq and Afghanistan by limiting the tuition public universities can charge. It also creates a tuition grant for survivors of veterans who are disabled or killed in combat and seeks to improve educational opportunities for the sons and daughters of military personnel by removing barriers placed on them caused by frequent moves.

Thursday, May 22, 2008

A Day of Remembrance

Memorial Day, a day set aside for remembering those who have paid the ultimate sacrifice in the defense of Liberty, not just any liberty, but our Liberty, the Liberty that binds us together as a Nation.

What began from many different quarters by decorating the graves of Confederate dead in the 1860’s has grown to an annual remembrance by the 1200 soldiers of the 3rd US Infantry decorating each of the 260,000 gravestones at Arlington National Cemetery with a small US flag and then patrolling the grounds 24 hours of day during the Memorial Day weekend to make sure that each flag remains standing.

Closer to home in St. Louis, the Boy Scouts of America and the Cub Scouts place flags on the 150,000 graves at the Jefferson Barracks National Cemetery as an annual Good Turn, a practice that began in 1951 and continues to this day.

While many towns and cities pay tribute each year with speeches, parades, and fireworks, for many the “Memorial” in Memorial Day has been either ignored or forgotten. We are the beneficiaries of the sacrifices made by the soldiers, sailors, and airmen of yesterday and today.

Last year, I remember hearing on the radio a former Green Beret say that warriors exist to protect women and children – what a simple, yet significant statement. For those who do not come back from their mission, we cannot forget the charge mentioned by General John Logan in his General Order No. 11 on May 5th, 1868:

...gather around their sacred remains and garland the passionless mounds above them with choicest flowers of springtime...let us in this solemn presence renew our pledges to aid and assist those whom they have left among us as sacred charges upon the Nation's gratitude, - the soldier's and sailor's widow and orphan.

We can observe Memorial Day as it should be observed, as a day where we actively remember our forefathers, family members, loved ones, and those who have paid the ultimate sacrifice:
- By visiting cemeteries and placing flags or flowers on the graves of our fallen heroes.
- By visiting memorials.
- By flying the US Flag at half-staff until noon.
- By flying the “POW/MIA Flag (Section 1082 of the 1998 Defense Authorization Act).
- By participating in a "National Moment of Remembrance": at 3 p.m. to pause and think upon the true meaning of the day, and for Taps to be played.
- By renewing a pledge to aid the widows, widowers, and orphans of our fallen dead, and to aid the disabled veterans.

On this Memorial Day, let us not forget, as Moina Michael writes in reply to John McCrae’s “In Flanders Fields”:

We cherish too, the Poppy red
That grows on fields where valor led,
It seems to signal to the skies
That blood of heroes never dies

May God bless our men and women in uniform on missions throughout the world serving on our behalf and may He comfort those whose loss runs deep that we should always remember that the “blood of heroes never dies”.

Sunday, May 11, 2008

One Man, One Vote

Elections require candidates or issues to be on the ballot. They also require registered voters to show up at the polls and cast their vote. America is known for its claim to “one man, one vote”. Voting is a treasured right that allows a citizen to participate, to give voice and influence, at all levels of government, but it is only effective when we can ensure it is free from fraud and corruption. Each vote cast by each voter should have equal weight when compared to the votes of friends, family, neighbors, and co-workers. The consequences of elections are immense giving some unscrupulous individuals motivation to try to manipulate the system, thereby lessening the importance of your vote.

There have been numerous examples of voter fraud that have occurred around the country and here in our own state. One of the most outrageous occurrences happened several years ago in St. Louis where Ritzy Mekler was registered to vote. Regardless of her party affiliation and knowledge of the issues and candidates she should never have been allowed to vote. Ritzy’s ineligibility to vote had nothing to do with her residency or that she was a concerned Missourian – no, her problem was that she was a dog. If it wasn’t so true, it could be funny, but if Ritzy would have been required to produce photo identification, she would not have been allowed to vote.

Voter fraud like this diminishes the power of your vote and the votes of all registered voters in Missouri. For that reason, it is critical that we preserve the integrity of the voting process by ensuring it is safeguarded against attempts of fraud. Our system must be one that guarantees only those who are legally entitled to vote are able to participate in the process. Of course, that excludes dogs, even cats, as well as felons, non-residents, the deceased, and the countless other examples of attempts at defrauding the system.

One of the most important things we can do to protect the voting process is to require voters to identify themselves with photo identification. This simple requirement would help deter fraud and ensure that those voting are not doing so under a false pretense. The General Assembly approved this requirement in 2006 and it was signed into law by Governor Blunt. Unfortunately, the Missouri Supreme Court later tossed out that law ruling the law violated the state constitution by imposing too great of a burden on voters. Despite the fact such a requirement is not a burden, it is arguably the cheapest and most effective way to keep a corrupt few from stealing an election – the Missouri Supreme Court thought otherwise.

The good news is that a recent ruling by the United States Supreme Court has re-opened the door for a photo identification requirement by upholding a similar law in Indiana. While that decision doesn’t have a direct impact on Missouri, it does demonstrate that our attempt to provide for free and fair elections was appropriate and does not create an undue burden on registered voters.

The General Assembly is working to pass HJR48 to give voters the opportunity to amend our state constitution to require Missourians to present government-issued photo identification to election officials before voting. For those without any form of photo identification the legislation would require the state to provide these individuals with at least one form of identification at no cost. This proposed constitutional amendment would better protect the voting process from fraud while also ensuring that Missourians who want to vote are not prevented from doing so.

With just five legislative days remaining in this session timing is critical to secure passage in both chambers before time runs out. This legislation was passed by the Missouri House today (May 8, 2008) and is now in the hands of the State Senate. Asking a voter to provide a simple form of photo identification is not an unreasonable request and now we also know that it is not unconstitutional. Voting is one of the most fundamental rights we have as citizens of this republic and we must take this step to further protect that right so the importance of each vote is never diminished or negated.

Monday, April 28, 2008

Virtual Schools - An Update

In 2006, the Missouri General Assembly enabled the establishment of virtual schools with the passage of SB912. I argued then that this was one of the most significant innovations that could be made in education.

The Missouri Virtual Instruction Program (MoVIP) has nearly completed its first full year of operation and it has been hailed by other states as one of the most innovative models in virtual-technology education. The MoVIP school introduces a virtual-technology alternative to enhance traditional classroom learning for thousands of Missouri students. The program is “state of the art” and is operated by the Department of Elementary & Secondary Education with state-certified teachers and meets our rigorous state standards.

Today, the MoVIP school offers on-line education for elementary (K – 5th grade) students and high school (9th - 12th grade) students, with plans for the middle school to be added in the fiscal year 2009. The program serves over 2,000 full-time and part-time students enrolled in over 11,000 classes.

How does it work?

This program integrates on-line learning, textbooks, hands-on lab work, along with “old-fashioned” paperwork to satisfy the curriculum. The elementary teaching staff is based in Jefferson City and the high school is based at Northwest Missouri State University in Maryville. The virtual high school has its teachers and students located throughout the state. All teachers have daily contact with students through voice, text messaging, video, email, and real-time technology. Students are required to meet state standards and recently the MoVIP students completed their state MAP testing.

MoVIP offers education access that is nearly unprecedented.

While many rural school districts are struggling to hire or attract qualified and state-certified science and math teachers, others are taking advantage of the MoVIP school for their students for specific courses. It has also become a tool for struggling inner-city schools.

St. Louis and Kansas City schools have struggled for years to maintain accreditation and provide a quality education for those children. The MoVIP school is available to serve our inner-city students allowing them to overcome large class-room sizes and avoid the violence and pressures facing our inner-city neighborhoods. Students can learn safely from home, at their own pace, and receive that special attention that will give them a true head-start to success.

The MoVIP program is also assisting students around the world. Military families who find themselves stationed anywhere outside of Missouri, but choose to retain their Missouri residency are taking advantage of MoVIP. They are able to give their child a quality education without having to switch schools after each move enabling them to develop a relationship with their teachers and grow as students.

There is even one Missouri family serving in New Guinea as missionaries with children enrolled in the MoVIP giving them an alternative over sending their children to a boarding school. Several students who are home-bound due to a severe disability or illness are also enrolled in the MoVIP school and receiving quality public education.

Is all of this worth it? The cost of educating a full-time student in the MoVIP is less than $5000 per student. This is well below the 2007 state average expenditure of $8687 per student. Once the MAP testing results are available, the state will be able to determine the value of the MoVIP school.

Saturday, April 12, 2008

When Washington Stumbles

A nation founded on the fundamental principle of the rule of law must at times remind itself that no one is exempt from that principle. In fact, it is contrary to this founding principle to accept that those who enter this country illegally should be afforded those same privileges under the Constitution and laws of the land as citizens and legal immigrants.

Illegal immigration creates a problem in our state, because it threatens the job security and services available for Missourians. The General Assembly is taking action that will make Missouri’s stance on illegal immigration clear. Last week the Senate passed SB858 and this week the House passed HB1549 which institutes policies that keep our state from becoming a safe-haven for illegal aliens.

Illegal immigration is a growing problem in our country and Washington has failed to act to protect our borders. Missourians are directly affected by the growing population of illegal aliens. The U.S. Census Bureau’s March 2005 population survey suggests that there are between 35,000-65,000 illegal aliens living in the state of Missouri. An Immigration and Naturalization Service (INS) estimate from 2000 found that the illegal alien population in our state rose 38% in a four-year period and 175% in a ten-year period. In 2007, U.S. Immigrations and Customs Enforcement (ICE) deported 8,900 illegal aliens from a six-state area that included Missouri.

Proposals under consideration in the legislation moving through the General Assembly are designed to deter illegal aliens from coming to Missouri. While some cities throughout the nation have adopted policies that would give illegal aliens sanctuary, Missouri will make it clear that this practice will not be tolerated. This legislation would prohibit municipalities within our state from granting sanctuary to illegal aliens. Any city, town, or village that does adopt such a policy would not be able to receive any state grants.

Allowing illegal aliens to receive a driver’s license wrongly validates their residency in this country. Other states have considered schemes that would allow illegal aliens to receive a driver’s license. Legislation this year will prohibit illegal aliens from obtaining a driver’s license from the Missouri Department of Revenue and specifies that a driver’s license issued to an illegal alien in another state would not be valid in Missouri. It also stipulates that commercial driver’s tests must be given in English without the benefit of a translator being present.

Our state provides public benefits such as housing assistance, food assistance, and unemployment for Missourians struggling to make ends meet. This legislation would require public assistance recipients to prove residency before receiving any benefits. The bill would work to make sure that illegal aliens in Missouri are not able to collect non-emergency public benefits.

This legislation also makes Missouri less appealing for taking advantage of illegal aliens for cheap labor. The legislation specifically states that employers are barred from employing unauthorized workers. Businesses that continue to do so would be subject to the suspension of their business permits and licenses. Violators under contract with the state would have their contracts voided and be barred from contracting with the state for three years. Contractors that continue to violate the measure would be permanently barred from contracting with the state. The bill also requires employers on state contracts or using state grants, loans, or tax credits to participate in a federal work authorization program in order to be eligible for state contracts. Public employers would also be required to participate in the program. These provisions also apply to general contractors and subcontractors and would make them potentially liable for instances such as illegal hiring fraud.

Unfortunately, Missouri cannot afford to wait for Washington to act on the issue of illegal immigration. Lady Liberty will continue to hold her lamp of freedom high with an outstretched arm to light the way “beside the golden door” that millions have already passed through legally. America will always welcome those who honor the fundamental principles of our Nation’s founding, but she will always recognize in Theodore Roosevelt’s words that, “Any man who says he is an American, but something else also, isn’t an American at all.”

Monday, April 7, 2008

Progress in Missouri

This past week was a very busy week for the House and the Senate. The House worked into the early morning Thursday to pass over 70 bills that are considered “consent”, i.e. bills that are not controversial, do not come with a cost to taxpayers, and have no penalties associated with them. In addition, legislation passed both chambers that could have a significant positive impact for Missouri.

Property Taxes - HJR43
As I mentioned earlier in the year, the General Assembly is considering a number of ways to help people suffering from the financial strain caused by excessive property taxes. The House has passed a proposed constitutional amendment that, upon voter approval, changes the rollback requirement for the Hancock Amendment by requiring the current levy, instead of the voter approved maximum levy, to be reduced in a reassessment year. These rollbacks are intended to protect property owners from sharp tax rate increases and prevent windfall revenues by taxing entities in reassessment years. If approved by the Senate, it will be on the ballot for voters to approve in November 2008.

Judicial Taxation – HJR41
While we can’t control the actions of federal judges, we can ensure Missouri judges don’t overreach and stake a claim on the power to tax. The House gave approval this past week for a proposed constitutional amendment that would clearly state that the judiciary does not have the power to tax through court order. Specifically, this proposed amendment prohibits the Missouri Supreme Court or any other court of the state from ordering the state, a county, or any city to increase taxes. The amendment also prohibits any Missouri court from controlling how the state, a county, or any city spends, allocates, or budgets, except as expressly authorized by legislation or approved by Missouri voters. If approved by the Senate, it will be on the ballot for voters to approve this November.

Illegal Immigration – SB858
The Missouri Senate kept itself busy this past week by approving legislation dealing with the problem of illegal immigration. The bill has a number of provisions including: prohibiting illegal aliens from obtaining a driver’s license; prohibiting the creation of sanctuary cities in the state; requiring verification of the legal employment status of every public employee; allowing for the cancellation of state contracts for contractors if they hire illegal immigrants; requiring public agencies to verify the legal status of applicants before providing welfare benefits; criminalizing the transportation of illegal aliens for the purposes of human trafficking, drug trafficking, prostitution, or illegal labor; and enacting provisions to punish bad acting employers who hire illegal aliens. This bill is now under consideration of the House.

Protecting Missourians from excessive property taxes; strengthening our Constitution by further defining the roles of the judicial, legislative, and executive branches; and taking leadership to protect our national sovereignty – not a bad week, not a bad week at all.