Phil Nicholas

He was 24 when he passed the Wyoming Bar and got a job as a criminal prosecutor with the DA’s office. A great way to get trial experience, on the taxpayer’s dime.  Two years later he hung up a shingle, starting his own law firm in Laramie.  33 years later he’s one of the top litigators in the State of Wyoming, the kind of lawyer a Fortune 500 company would retain if they needed legal work in Wyoming.  He’s a well respected man, deservedly so.  He’s my kind of guy.

Now he’s President of the State Senate, and has reservations about our bill.  I assume it’s concern about a runaway, though I don’t know that.  (Note the first three letters in “assume”).  His vote killed the CoS bill in Rules last week.  I’m pretty sure I’ve got a commitment from Natelson to accompany me to Cheyenne on Monday.  We’re trying to arrange a meeting with Nicholas before the Senate Rules hearing at noon.  Regardless, I’ve got to believe that Nicholas is the kind of lawyer who would give great weight to the testimony of someone with Natelson’s credentials.  It’s our best shot.  I just have a hard time believing someone as intelligent and accomplished as Nicholas would really buy into the Birch nonsense.

Idaho is a mystery state.  Phone calls and emails are unanswered.  I assume (note 1st 3 letters) it ‘s because Speaker Scott Bedke knows what he’s doing and doesn’t want the bother of explaining it to anybody.  It’s Bedke’s show.  We’re on the sidelines, cheering him on.  That’s the way Rep. Joe Harrison, Master Legislator, did it in Louisiana.  All he did was get unanimous approval in both Houses.

Problems in subcommittee in South Carolina. Iron Man Bill Fruth flew from Salt lake to Atlanta, rented a car, and arrived in Columbia at 4:00 a.m.  He got five minutes before the committee.  I’ll check in with John Steinberger tomorrow to see what’s happening.

Haven’t heard much from West Virginia.  Sponsoring Delegate John Overington is another Hal Wick, been at it 30 years.  Except Hal was always in the majority.  John’s been in the minority the whole time, until this year.  Unless you’ve been there, you have no idea how frustrating it is to be in the minority in a legislature.  I did it for eight years.  30?  Now that’s grit.

The only way I saw anybody accomplish anything much in the minority was by whoring out.  If you’re willing to sell your vote you’ll be given some crumbs.  I didn’t kiss anybody’s ring when I was in the minority. I spent my time trying to figure out how to get the Republicans in the majority.  Then I’d repay all the favors the Democrats did for me.  In spades.  One year I bet my wife $1,000 I was the next Speaker of the House.

She’s still waiting to get paid.

With South Dakota in the bag, and North Dakota a lock, all our western targets* line up, north and south.  From Montana and Idaho on the Canadian border, south through Wyoming and Utah to Arizona on the border with old Mexico.  Kind of a coincidence, but not really.  These are places, and people, that revere the rugged individualism of the hard men and strong women who settled them.  Their descendants live there.  These people are conservatives and libertarians.  Sadly, a small minority of them are a little simple minded, and susceptible to the Birch jive.  They’re not bad people, far from it.  They’re patriots.

In their own demented way.

* I don’t count Oklahoma as western.  I don’t know what the hell it is.

I’m so busy

I’ve got a couple things to do tomorrow to keep my mind off the vote in the Montana House.  At 9:00 a.m. AST I’ll testify telephonically in front of the Alaska Senate State Affairs Committee on SJR 21, Sen. Kelly, which would reform the Alaska Judicial Council.  I’ve wanted this bill to pass for forty years.  Sometimes you’ve just got to be patient.  At 4:15 p.m. AST I’ll be on the Glen Biegel Show on KOAN, 1080, Anchorage.

It would be great if I could report to Glen that we passed the Montana House.

No new taxes?

Who knows?  That will be decided by the President and Congress who implement the provisions of the Amendment.  It all depends on who they are.  That will be determined by the election of 2016.  Republicans will fight tax increases.  Democrats will fight spending cuts.  Depending on the balance of power in Washington, you will wind up with all spending cuts, all taxes, or a combination of the two.

Last year the Eagle Forum put out a piece attacking us because I acknowledged this political reality publicly, in a meeting with the Utah Legislature’s Conservative Caucus.  They misquote me, claiming I predict tax increases.  I just acknowledged the possibility.  Even that is enough to raise concerns on the hard anti-tax right.

I don’t want any tax increases.  As far as I’m concerned the federal government doesn’t have a revenue problem, it’s got a spending problem.  One of the key decisions the delegates to the Amendment Convention will make is how much leeway to give Congress on the question of tax increases.  Some say there should be a flat prohibition, and without one the Amendment couldn’t be ratified.  Others think such a prohibition would prevent ratification.  The delegates will decide.  They’ll figure out what will work, and what won’t, what can be ratified, and what can’t.

We don’t know what they’ll decide.  They will be serious people.  Every legislature will want to send its best.  We’ll all watch them deliberate, examine their proposal closely, and decide if we can support it.  That’s the system the Framers set up.  Let’s see if it works.  What are we afraid of?

Ourselves?

The dog that didn’t bark

Bill Fruth got ten minutes in front of the Utah Republican Caucus today, and won’t need to stay for tomorrow’s committee meeting, where sponsor Kraig Powell has the votes.  Bill was hoping for more time (he did travel almost 2500 miles) but Senate President Niederhauser told him he did what needed to be done.  We were five votes short last year, lost 32-41.  We did no work in advance of my two days at the Capitol in Salt Lake.  Kraig has been pushing this for a year now, and with all the new members on our side the votes are there.  Kraig is smart and conscientious, and he says he can get it through.  We’re on call to help, but if he can get it done in the House, and with Senator Bramble carrying the bill in the Senate, we get Utah, a state we always figured would be tough.

Looks like we’re up in Wyoming Senate Rules on Monday.  Senate President Phil Nicholas purportedly still has concerns about a runaway.  I’m planning on being there, but hoping we can secure his vote without it.  He’s a lawyer, and an intelligent man.  I’m confident he’ll see the light.  But he hasn’t yet.

Kasich’s in Columbia tomorrow, West Virginia on Thursday.  He’s sure as hell doing his part.  I hope he gets a chance to spin the victory in South Dakota as the culmination of a 30 year long fight between Hal Wick and the John Birch Society.  If we can portray this whole campaign as a war with the Birchers it will help the cause.

Phyllis Schlafly and her Eagle Forum played a large part in preventing ratification of the Equal Rights Amendment back in the 70’s.  She was a heroine of the right, and wanted to maintain her high profile, so she looked for another dragon to slay.  She decided to attack Article V, and she succeeded again in the 80’s, with the financial backing of Walter Mondale and big labor.  She’s 91 now, and reportedly in poor health.  She’s handed the reins of the Eagle Forum to a successor, who, as far as we know, has shown no interest in Article V.  The Eagle Forum website has lots of “Calls to Action” over the last few months, but nothing on Article V or the BBA.  She has a column out today on an unrelated subject.  She still has her wits about her, but has been silent about our campaign.  If Eagle Forum truly is out of the picture, our only organized opposition is the JBS  — a perfect foil.  Just about everyone who pays attention to these things knows that the Birchers are nuts.  If the only people fighting you are crazy, how can you lose?

We’re about to find out.

#25

The honor goes to the Sunshine State, and Hal Wick, the man who never gave up.  In a just world the story of his 30 year battle against the Birchers would be told.  We’re more interested in some celebrity’s love life.

With the North Dakota House passing our bill 70-20, it was a good day.  Kasich will be in Columbia tomorrow and Charleston W.V. on Thursday.  He’ll be spreading the word of these significant wins.

Will it help in Montana?