From the Wichita Pachyderm Club: Local government officials present their legislative priorities. Appearing are James Clendenin for the City of Wichita, Dave Unruh for Sedgwick County, and Sheril Logan for the Wichita Public School District. This was recorded December 22, 2017.
From the Wichita Pachyderm Club: KPTS President and CEO Victor Hogstrom. This was recorded December 15, 2017.
Here is Senator Jim DeMint speaking on the topic Convention of States at the Wichita Pachyderm Club. View below, or click here to view at YouTube.
Wichita Business Journal: “McClatchy Co. spokeswoman Jeanne Segal told the Wichita Business Journal on Wednesday that Kelly Mirt has resigned and will rejoin his family in North Carolina. … Mirt was announced as the Eagle’s publisher and vice president of advertising in July. … Mirt came to Wichita after the of former Eagle publisher Roy Heatherly in May. Mirt was the newspaper’s sixth publisher since 2007.” See Wichita Eagle publisher resigns, McClatchy says.
Wichita Eagle Opinion Line, December 6, 2017: “Reading the article about Southeast High School has hardened my resolve even more that my kids will never attend public school.” Dear writer: I’m sorry to inform you, but there is an entire industry in Kansas that works to make sure that public schools are the only viable option for most Kansas families.
Wichita Eagle headline: Spirit plans ‘mega project’ with $1 billion investment, 1,000 more jobs in Wichita. This is good news. I wonder, however, if we will ever know all the news, specifically how much it cost to make this happen. Also: Will Wichita Mayor Jeff Longwell’s pledge to forego cash incentives apply to this project?
At the Wichita Pachyderm Club this week: Former Senator Jim DeMint of South Carolina. DeMint served in the U.S. House of Representatives from 1999 to 2005, representing the fourth district of South Carolina. From 2005 to 2013 he served in the United States Senate, again representing South Carolina. From 2013 to 2017 he was president of the Heritage Foundation, one of the nation’s leading conservative think tanks. Now he serves as senior advisor to Citizens for Self-Governance, a group which is seeking to call a convention to propose amendments to the United States Constitution in order to reduce federal government spending and power. See here for details.
From the Wichita Pachyderm Club: A panel presentation on the topic “Why I Am a Republican.” Panelists, in order of their initial remarks, are Ben Sauceda, former Sedgwick County Commissioner Karl Peterjohn, Precinct Leader Linda Baker, and Sedgwick County Commissioner Richard Ranzau. Todd Johnson is the moderator. This audio presentation was recorded on September 15, 2017.
From the Wichita Pachyderm Club: Sedgwick County EMS Director Scott Hadley. This is an audio presentation recorded on August 25, 2017. The accompanying visual presentation (slides) is here.
By Karl Peterjohn
While it has become increasingly common for members of the U.S. Supreme Court to make news by public comments, particularly during their summer recess, Wichita Pachyderm Club members had the opportunity for Kansas federal district Judge Eric F. Melgren to quote from his judicial colleagues in a way of defending the Constitution’s concept of the separation of powers. Judge Melgren cited various appellate court rulings, particularly as they related to the largely little known Chevron decision, that damages that constitutional protection at his July 21 speech in Wichita.
Judge Melgren, a former member of this club before his selection as the U.S. attorney for Kansas that was followed by his 2008 elevation to a federal district court post, began by discussing this governmental paradox, “those who favor (government) efficiency, or inefficient, representative government,” and he quoted from three appellate decisions as well as several of Madison’s Federalist papers to make this point.
The founders feared tyrannical government and worried about this new government having too much power. That is the reason for the three separate branches where Congress writes the law, the executive branch administers the law, and the judiciary interprets it. This system of checks and balances make government very inefficient, and Melgren cited Madison’s Federalist 47.
Judge Melgren followed by quoting Supreme Court Justice Clarence Thomas’s opinion in the Department of Transportation v. American Railroads case on this point. Our progressive law has now put the power of taking a general federal statute and having a federal agency basically write the rules and regulations that are then administered by the bureaucracy, and if a dispute arises, is then settled in the agencies own administrative law courts. Congress, often the executive, and unless extensive litigation occurs, the courts are all bypassed. The Chevron decision pushed these legal disputes away from the courts and back to bureaucratic resolutions.
This creates an environment where the bureaucracy has assumed much of the law making powers, administers the law, and then has their own administrative courts to interpret it.
In theory, the bureaucracy is part of the executive branch and reports to the president. However, as U.S. attorney Melgren was reminded by his staff that they would be there after he had left that office. This also applies to the rest of the federal government’s bureaucracy.
To amplify upon this situation Melgren quoted from then federal appeals court judge Gorsuch in an immigration case that turned on the legal question of which conflicting rules from the government applied. The U.S. Supreme Court’s little known but legally controversial Chevron decision took this issue away from the federal courts and gave it to the professional bureaucracy. Gorsuch’s opinion was part of this 10th circuit (federal appellate court) case involving the U.S. justice department in 2016.
Then President Obama’s rule making authority was at issue, that created this legal problem in the realm of federal administrative law making. This was also a problem in Thomas’ opinion in the railroad case.
Justice Thomas warned about this dangerous trend. This amplified the warning Gorsuch bemoans in the weakening of the separation of powers in his appellate case. Thomas warned that too often we abrogated and allowed the power to make laws by administrative fiat. It might help make, as is often suggested, “make the trains run on time,” although Judge Melgren expressed serious doubts on this point there was no doubt about the cost to our Constitution, and the individual liberty it is supposed to protect.
Judge Melgren spoke about the Chevron decision’s impact where the courts must defer to administrative agencies. “Apply the law as it is, and not how they wish it to be,” citing Gorsuch’s opinion, this means that the separation of powers is being totally undermined by the Chevron edict. The solution is: legislation. Law writing is arduous and difficult, but this is not a bug in the system, but this difficulty is a constitutional protection.
This shift in power under Chevron would astonish the founders if they could see our current system as seen by the growth in the federal government in general. Judge Melgren pointed out that within the lifetime of some of the Pachyderm Club members the number of judges in the federal court system in Kansas had expanded from one in 1940 to six today, and that excludes a number of senior federal judges who have officially “retired,” but still on occasion hear about 1/3 of the total number of cases in the three federal courthouses (Wichita, Topeka, and K.C.) in Kansas. Melgren mentioned his late colleague Judge Brown, who was an appointee of President Kennedy and was still hearing cases while over 100 years old. Judge Brown passed away at the age of 104.
Melgren readily acknowledged that the separation of powers was not absolute. The federal court system underneath the supreme court is created by congress. The close to 1,000 federal district and appellate judges operate nationally within an organization structure created by Congress.
Melgren’s last case he quoted was from Kansas Supreme Court Justice Caleb Stegall’s opinion in the selection of district court judges, Sullivan v. Kansas. Stegall’s separation of powers argument cited Madison’s Federalist 51 concerning the concentration of power in any one government agency.
Stegall applied the warnings over the separation of powers and the direction that state law has taken going back to Kansas Supreme Court cases granting additional administrative power going back to a 1976 ruling that involved the complexity created by the separation of powers. The separation of powers was a critical constitutional concept that is a key to protecting our liberties from government expansion.
This cautionary litany of judicial rulings quoted by Judge Melgren served as a legal foundation concerning our Constitution and the separation of powers legal structure. The Chevron decision that weakens our liberty, and expands government’s powers, places a roadblock in the effort to preserve, protect and defend our liberty with this important constitutional protection of the separation of powers today.
Video of this speech is available on YouTube. Click here.
From the Wichita Pachyderm Club: A forum of candidates for Wichita school board. Recorded June 16, 2017.
At the lectern is Pachyderm Board Member Todd Johnson who moderated the forum.
All of these candidates plus two candidates who could not attend today’s forum will move forward to the November 7, 2017, General Election.
In school district elections, all qualified voters district-wide in the Wichita Public School District have the opportunity to vote for the candidate of their choice from all four Board of Education Districts in the November election.
Kansas Secretary of State Kris Kobach addressed members and guests of the Wichita Pachyderm Club on Friday June 9, 2017, the day after he announced his candidacy for Kansas Governor in 2018. Video of this event is on YouTube here.
By Karl Peterjohn
Kris Kobach’s gubernatorial campaign heralding conservative policy options for Kansas arrived at the Wichita Pachyderm Club luncheon June 9. Speaking to a packed house of Pachyderm Club members and guests, Kobach wasted little time in blasting the tax and spend climate at the Kansas statehouse that resulted in the largest tax hike in Kansas history, a $1.2 billion income tax hike that was approved this week over Governor Brownback’s veto.
The Kansas Secretary of State since 2010, Kobach began criticizing the “climate of corruption,” at the Kansas statehouse. He criticized Democrat legislative leader Senator Anthony Hensley who has been in the legislature, “since the Ford administration,” when Kobach was eight years old at that time, and today Kobach is 51 years old. Kobach said many of the legislators are well past their, “sell by date,” and used this example from the last century to call for term limits on all statewide elected officials as well as legislative term limits.
“We had an obscene tax increase,” Kobach said in criticizing the legislators who overrode Governor Brownback’s veto and approved a $1.2 billion tax hike. “Kansas does not have a revenue problem, Kansas has a spending problem.” Kobach repeatedly blasted tax and spending expansion advocates from both Republican and Democrat legislators override the gubernatorial veto.
“It’s so easy when spending other peoples’ money,” Kobach said.
Kobach blasted the retroactive tax hike feature along with raising taxes on supposedly “high income” families making only $60,000 or more, a year. He called for a rollback of this tax hike, and pointed out the failure of the conservative Republican’s Truth Caucus budget that would not have raised taxes and failed in the senate by only a couple of votes. When legislators say they had no choice (but raise taxes) they are lying.”
Besides ending the culture of corruption and the tax battle, Kobach’s third point in his campaign platform plank included immigration and ending benefits for illegal immigration, including the in-state tuition that treats out of state U.S. citizens worse than illegal immigrants who have broken U.S. law. He also wants to end “sanctuary cities/counties,” that have been adopted by some local governments in Kansas.
Kobach called for making Kansas number one for pro-life issues and praise the legislation enacted relating to abortion since 2011. A sportsman and outdoorsman, Kobach praised the excellent pro-2nd Amendment ranking Kansas has achieved but expressed a desire, if elected, to make Kansas number one in rankings related to pro-life, 2nd amendment, and fiscal issues.
The Secretary of State has just finished their ninth conviction for voter fraud and done this while his office budget has been reduced by 18 percent. Personnel costs were the major area for generating savings in the Kansas Secretary of State’s office according to Kobach. He said this was achieved by eliminating positions due to retirement or job changes, and not by any layoffs. Kobach wants to take this personnel policy and apply it as governor.
When Kobach was asked about his support for initiative and referendum for state issues, he said that while he was personally supporting this, he doubted that this could get through the legislature. He did commit to demanding that the legislature cut back benefits for illegal immigrants, and would force the legislature into acting if he is elected.
This could generate significant savings in state spending. Kobach criticized Kansas for being behind our neighboring states since Kansas spends $424 million in benefits paid for illegal immigrants. This is a net figure, that includes the $18 m paid in mostly sales taxes, paid by illegals Kobach said. 71% of illegal household receive public benefits.
In continuing his criticism of the legislature, and particularly long serving legislative leaders, Kobach called for a restriction on legislators leaving public office and immediately becoming lobbyists for their former colleagues. This is commonplace at the Kansas statehouse. Kobach wants a ban that would last several years.
Kobach expressed strong support for school choice. He said that competition is good and wanted to provide parents and students with the ability to choose the best schools that would meet their educational needs.
The success of the effort to lower income taxes in Kansas was seen by the expansion in corporate filings that demonstrate new business formation while he has been in office. Annual filings have grown to 15,000 a year, an increase of about 35 percent since 2012, the first year that this information was tracked by the secretary of state’s office.
Former Sedgwick County Republican Party chairman Bob Dool introduced Kobach at this event. Dool cited Kobach’s Kansas ties in returning to Kansas after earning degrees at Harvard; Oxford, England; and a law degree from Yale University. Kobach had also worked as a White House fellow for George W. Bush and went on to join the U.S. Justice Department where he was serving during and after the 9-11-2001 Islamic terrorist attacks. Dool will serve as the treasurer for Kobach campaign. Kobach is married with five children and has served on the Overland Park city council. Recently, President Trump appointed Kobach to help lead a federal panel to look at problems with our voting system, reduce voter fraud, and improve our elections.
Kobach has become the second announced gubernatorial candidate after Wichita businessman Wink Hartman who was the first Republican to announce his candidacy recently. Governor Sam Brownback is term limited and cannot run for re-election. While the self-described, “moderates,” do not have a GOP gubernatorial candidate in this contest as of today, it is clear that at least two conservatives, and possibly more, are going to enter the Kansas gubernatorial primary for the GOP nomination.