A government of laws, not of men

A few months ago, Rob Walgate and Melanie Elsey of the American Policy Roundtable co-wrote a column in which they asked if Ohio Gov. John Kasich has placed himself above the law.

Similarly, myriad editorials have been written with allegations that President Obama – and many of his predecessors – have placed themselves above the law.

Those who follow closely have observed the same arrogance on the local levels.

In their co-written column from Aug. 1, Walgate and Elsey ask: "What if the people of Ohio passed a constitutional amendment limiting nuclear power plants to four specific facilities in four precise locations? What if the energy companies actually wrote the amendment and spent millions to promote it at the polls?

"And what if shortly after the amendment passed, the governor sat down behind closed doors with the energy companies and cut a very different deal, authorizing 11 statewide nuclear facilities. Would the people of Ohio have the right to cry 'foul' and look to the courts to enforce the Constitution and uphold the measure passed by the voters?

"Change just a few words and you have the legal suit, Walgate v. Kasich, in which the American Policy Roundtable and eight other plaintiffs are suing John Kasich for breaking the law by disregarding the 2009 casino amendment.

"That amendment authorizes four casinos in four specific locations. Instead, the governor and his casino allies cut a back-room deal for 11 facilities. They rammed the statute through the Legislature and, in the process, violated at least three constitutional amendments dating back to 1973."

A recent report by The Buckeye Institute for Public Policy Solutions also finds that the Controlling Board lacks the lawful authority to approve Kasich’s request to appropriate federal funds for Medicaid expansion, and that any appropriation would undoubtedly give rise to a significant legal challenge.

"Ohio law limits the authority of the Controlling Board to actions that are consistent with the legislative intent of the General Assembly – not the intent of the governor, the Buckeye Institute reports. "The overwhelming weight of the evidence makes clear that the General Assembly intended to reject funding for Medicaid expansion."

Robert Alt, president of The Buckeye Institute and co-author of the report, said “The General Assembly flatly rejected Governor Kasich’s request to fund Medicaid expansion. The governor’s attempt to short-circuit the ordinary legislative process to reverse a decision of the General Assembly that he dislikes is too cute by half, and is foreclosed by Ohio law.”

Meanwhile, the American Policy Roundtable authors point out that a Franklin County judge threw out their case on grounds the plaintiffs did not have “standing” or the right as citizens to sue the governor. However, at last check, the case is still on the active list before the Ohio Supreme Court. The Ohio Supreme Court justices ought to hear the case, too.

One more point the authors make is this: "Here is the key issue: If the citizen plaintiffs of Ohio, including organizations and individuals, do not have the right to call for the just enforcement of the Ohio Constitution, then who does have that right and responsibility?"

Good question.

The same question applies on the local level.

If citizens do not have the right to call for the just enforcement of the Ohio Constitution, then who does have that right and responsibility?

Rational minds have been asking this question again and again, of late.

From very questionable – and unannounced – public meetings to clear abuses of ordinances already "on the books," some things are clearly amiss in the City of Hills and the High Country of southwestern Ohio.

But again, what's a citizen to do?

As one longtime police officer with an exemplary record of service recently discovered, it's not easy to go against the political majority.

Instead of a thorough investigation from the state of Ohio, for all his troubles, he (we) received a good old-fashioned whitewashing and everybody in town knows it.

(And, yes, one can have his photo taken in front of the Taj Mahal, but unless he's Emperor Shah Jahan, it doesn't mean he lives there.)

Our great nation's first vice president (and second president) John Adams said we are "a government of laws and not of men." (President Adams also credited James Harrington with having this same observation from the mid-1600s.)

Think about it. We are a government of laws and not of men.

Frankly, I'm not so sure that we are. But I am sure that we ought to be.

For those who put themselves above the law, you've got a fair to middling chance of getting away with it. (Good for you!)

Frankly, as long as you're part of the Republican Party Machine, about the only state office you have to fear is that of Ohio Auditor Dave Yost. Otherwise, it's business as usual. Carry on.

* * *

Acceptable prime-time TV?

On Saturday night, my wife and I were watching a sporting event, most likely either the third game of the World Series or the Ohio State/Penn State college football game.

A credit card commercial came on with actor Samuel Jackson. Jackson cursed – perhaps for added emphasis – at the end of his product-pitching performance.

It was the first prime-time, network television commercial that I could recall watching a professional actor curse as part of his paid endorsement. Maybe I'm old-fashioned (I am), but was the added modifier necessary in this context of family time television?

Granted, I have been called out by my own readers – and rightfully so – for the occasional lapse in etiquette and protocol.

As one of our readers (thanks, Mark) wrote to me: "The moral fabric of our country is unraveling more every day. I am shocked anyone at (the credit card company) or the network thinks that during a prime-time game that the language used in this ad is OK. It is not OK in my house. My 11-year-old daughter was watching the game with me and she made a comment that she couldn't believe what he just said. If she gets it, what is wrong with those adults who allowed that ad to air?"

I have no answer.

* * *

Meanwhile, the Ohio Development Services Agency sent this Oct. 25 news release to The Highland County Press and, presumably, the rest of the media in the state.

Ohio: The Hollywood of the Midwest

"Ohio is quickly becoming the tinsel town of the Midwest," the Ohio Development Services Agency said. "Today is the release of 'Bad Grandpa' from Johnny Knoxville which was filmed around central and northeast Ohio. … Ohio is on a roll, bringing major film productions to Cleveland, Cincinnati, Columbus and towns around the state such as 'Jenny's Wedding,' 'Draft Day,' 'Captain American,' 'Johnny Longshot' and more," said David Goodman, director of the Ohio Development Services Agency, which administers the Motion Picture Tax Credit.

"Producers have told me a state won't be considered for filming if they don't have a tax credit," Goodman said.

In other words, Ohio taxpayers are subsidizing this.

"The Ohio Motion Picture Tax Credit provides a 35-percent credit for the Ohio jobs that come from hiring cast and crew," the Ohio Development Services Agency said.

How long these jobs will last is anyone's guess. Reasonable minds, of course, realize that most are about as fleeting as some of these so-called films.

Once again, our tax dollars are at work, not for any greater good, but for a select few's short-term profits. Let's hear it for the American way.

For clowns, comedians and wannabe actors, the Buckeye State is open for business. For good government, well, it's just another holiday.

Rory Ryan is publisher of The Highland County Press.