Wes

You get the legislators you deserve! They do not appoint themselves. They DO represent you and vote your choices and decisions into law and policy!

“You” and “your” is plural and includes all voting age residents of the State of Alaska. “You” are what our constitution refers to as “the people” in Article 1, Section 1, page one, or “We the people” in the preamble. Even if one individual doesn’t vote, or votes foolishly, the individual’s non-action is factored into the will of “we the people”, Alaska’s sovereign will! The People’s will on any given issue inevitably includes the elements of boycott and stupidity… it’s a given! If you are one of the people who have chosen to not vote wisely, you have not even earned the right to have an opinion unless you change your ways and help! 

This is critically important right now! Your elected legislators seem poised to ignore “the people” (ultimately impossible) to violate a fundamental constitutional and historical tradition and principle!  “Capping the PFD” is code for violating the restriction on permanent fund earnings! This means the government spending of your earnings as revenue in a flawed budget process would be YOUR decision!  These tempted legislators are yours. You (including those of you who didn’t vote!) got them elected! I personally refuse to believe even just the voters want this done, but it seems imminent unless “we the people” act now— talk to your legislators! (FWIW-  I am not running for anything! I make this disclaimer because I do not want your vote! Don’t call me a populist — I’m not!)

It is not too late. Even if you are a non-voter it is time to turn over a new leaf. Alaska will be fundamentally re-defined if the legislature caves in to the executive branch. It will be very difficult to ever go back if this $10-billion-dollar account is opened to big government. We are seeing the difficulty of “repealing Obamacare”… for Alaskans, this will be worse!

As a ‘recently retired’ legislator, it is a troubling question to me why the legislature did (does) not squash the maneuvering to spend from the earnings reserve. It is particularly unsettling that some of my closest friends and mentors seem inconvincible.

I refuse to view them as big spenders or liars because I know them well and highly respect them. So, either they are unsuspecting pawns who need to understand they are more than pawns, or, I’m stuck with the very remote possibility that I am wrong! The latter would be an unsettling conclusion because:

1. my ego is still alive, but more so because
2. I am utterly convinced after the hours of research and analysis I and my competent attorney staff have invested.

We must prevent ANY government spending of the earnings reserve (except for dividends) if we possibly can!

My legislator friends are stuck in a cruel “catch 22” situation: Their most fundamental role is to provide a budget, but more powerful government players have controlled the budget process for too long! Having been there, it is as if you are caught in the time loop in the movie, “Groundhog Day”.  Every year legislators doggedly try to create a rationally reduced, budget that actually matches projected revenue – and every year they get out-maneuvered by big government!

It is impossible to describe the feelings and dynamics surrounding the pre-special session fiasco. It is a very good time to appeal to the “Supreme Judge” for “Divine Providence” on their behalf.  (Quotes from the Declaration.)

The origin of taxes predates recorded history. Taxes are as natural to any community as breathing. When we must live together, we make rules applying to all and incurring a government cost. Typically, we learn to tolerate this element of authority as external to our God-given autonomy; some even learn to comply cheerfully and ante up. Grudgingly, we usually submit as we learn to appreciate the benefits of law and order.

Some fixate on making sure they get their share of whatever taxes may buy. Others seem to feel a calling to spend the revenue on behalf of others. Still others develop a god-complex and try to rule with the revenue! In any case, taxes are as “sure as death” – ultimately because humans cannot abide community without rules.

The Alaska Permanent Fund investment earnings is exempt from these considerations because it is not available to spend as more tax revenue!

An educated and thoughtful Alaskan should be profoundly grateful our state government, as defined in the Alaska Constitution, honors and protects human equality and inherent individual rights and freedom. However, the Alaska Constitution also instituted a queer and unique twist to the definition of tax! Our Alaska tax system is a radical tax experiment our founders (a few of whom are still alive) agreed to when they (we) ratified our constitution. Our tax system was instituted as-is partly because of the challenge of a relatively small population affording the needed government infrastructure and services in a vast new land with staggering natural resource wealth. “We the People” authorized the taking (taxing) a full 75% of whatever the state government can get out of our vast, invaluable supply of natural resources! The experiment produced unprecedented prosperity – until now; this experiment has now also put us in the era of unsustainable budgets. “Unsustainable” is a clinical, technical word in academia and means we are absurdly heading to bankruptcy! We still own staggering natural resource wealth! The time has come for the state sovereigns (we the people) to re-analyze and clarify, in a vetted, state-wide vote, this ‘tax system’ experiment!

Fortunately, our founders and subsequent lawmakers anticipated the sins of big government and did not make 100% of our natural resource wealth tax revenue. They wisely put the remaining 25% of the PF out of the reach of traditional tax spending. Unfortunately, an ‘elite group’ of the Governor, state employees, contractors, welfare recipients, and too many legislators propose to use some or all of the restricted money – as if there were no difference. They fail to remember the 25% is not theirs to spend… why else did the founders bother to restrict it? It is foolishness to assume this portion of assets are reserved to indemnify anyone who may later benefit from state spending! It must require another statewide vote to spend this money… unless the sovereigns roll over and play dead – or let any government funded program, including the courts, make the decision. This is why the lawsuit is dangerous! (you can see more of my thoughts on this at weskeller.com/quack-idealists/)

We have managed our wealth so poorly we now really are headed over the cliff. The investment earnings need to be distributed to the people as “cold, hard cash”, and then taxed back by the Legislature statutorily! The hatred of the electorate for taxes provides the proper check to cabal spending! Spending IS the issue and we need debate to ensure:
• There is indeed a crisis;
• Any new tax (like spending of PF earnings) is kept minimal and temporary; and,
• All tax revenue is spent carefully and wisely… or else!

Don’t be fooled! According to 2016 Legislative calculations, the ~ $10 Billion in PF earnings is enough to pay $4000 dividends for about 10 years and STILL have a $2 Billion cushion in the account.

If you are uncomfortable with me calling the 75% of our natural resources “tax revenue”, consider Noah Webster’s 1828 dictionary definition of Tax: A rate or sum of money assessed on the person or property of a citizen by government, for the use of the nation or state. Taxes, in free governments, are usually laid upon the property of citizens according to their income, or the value of their estates. tax is a term of general import, including almost every species of imposition on persons or property for supplying the public treasury, as tolls, tribute, subsidy, excise, impost, or customs. But more generally, tax is limited to the sum laid upon polls, lands, houses, horses, cattle, professions and occupations. So we speak of a land tax a window tax a tax on carriages, etc. Taxes are annual or perpetual. (http://webstersdictionary1828.com/Dictionary/tax)

According to this definition, with checks and balances, taxes can actually be palatable! They enable us to do things that could/would not be done by individual Alaskans or private businesses. Generous, noble Alaskans have already authorized more spending per capita than any other state. With this in mind, it is incredibly troubling to admit our well-funded education, health, infrastructure, and public safety programs still get poor grades when compared with other states! Having too much “easy money” has not served the State well – we cannot let ourselves be ruined by more of it!

Protect permanent fund earnings to only be for distribution as personal property investment dividends; then prepare yourself for a fair fight to keep taxes reasonable.

The Tax Poem
Tax his land, tax his bed, tax the table at which he’s fed.
Tax his oil, tax his gold, tax it before it can be sold.

Tax his work, tax his play, tax his permanent fund before he has a say!
Tax his profits, tax his savings, tax to stop any misbehaving.

Tax his tobacco, tax his drink, tax him double if he tries to think.
Tax his cigars, tax his beers, if he cries, then tax his tears.
Tax his car, tax his gas; or find other ways to tax his ass.

When he hollers never fret, just sell him on another government safety net.
Tax him till he’s good and sore. Don’t worry – there’s always plenty more.

Then tax his coffin, tax his grave, tax the sod in which he’s laid.
Put these words upon his tomb, ‘Taxes drove me to my doom…’
When he’s gone, do not relax, it’s time to get the inheritance tax.
(edited variation of The Tax Poem, found at http://bit.ly/2mbGS22)

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This was also submitted as an article to The People’s Paper.

“Freedom of choice” has a lofty and deep meaning… or at least it did until some unknown decided it was a good label to rob for a political agenda! The label ‘stuck’ and now defines a modern moral and political value. The actual historical meaning of the terms need to be re-visited.

When studied, our human ‘owner specs’ reveal we have amazing, profound freedoms, built right into us, including the ability to choose the focal point of our mind! No other living creature has such a remarkable capability. Our choice of religious belief, our words, actions, thoughts … all are ours to make, restrained only by our freedom to choose what to restrain ourselves, accommodating the needs and choices of other humans.

Ideally, we honorably inhibit ourselves, by choices we are free to make, based on what we learn about “truth”. Good choices, based on truth, are referred to as “wisdom”. One of life’s many options is to submit, or not, to civil law (society’s collaborative rule compilation). These ‘group rules’ can provide peace, prosperity, and security to society if they are founded on truth; OR they can become oppressive when they accommodate greed or other human corruptions of truth.

When “freedom of choice” is lost due to death, drug abuse, mental illness, or brain injury it is tragic and dehumanizing. It is also tragic when “freedom of choice” is lost because of bad choices – whether individual or the result of someone else’s. Herein lies the enigma: to what extent do we interfere with someone else’s choices to “protect” them or others? Any parent knows a child’s choices often need to be thwarted for physical safety, and to nurture the child’s discovery of truth and knowledge. A child becomes an adult when he or she gains wisdom to fully embrace their “freedom of choice”; both the benefits and consequences of those choices, not simply by turning a specific age. A parent’s reward is to watch a child become wise and responsible in this freedom.

America has paid the highest honor to mankind by ensuring every human is ultimately guaranteed “Freedom of Choice” (all men are created equal). This is the great American experiment! Did you know? Freedom is a noun meaning “the state of being free from the control of power of another” – and it’s first known use is before the 12^th century (merriam-webster.com/thesaurus). Choice is a noun regarding to selection; options; or having to do with degrees of quality – and it’s first known use was in the 14^th century (merriam-webster.com/dictionary); Pro is also a noun meaning, “an argument or evidence in affirmation; the affirmative side or one holding it” – and it’s first known use was in the 15^th century. (merriam-webster.com/dictionary). In comparison, the term “Pro-choice” is considered to be an adjective and has only been used since 1973.

I have very deep resentment at being thought of as “anti-choice” because the label, “Freedom of Choice” was successfully stolen! Using historical Webster definitions, I may be one of the most pro-choice people you know! We are talking about the foundational meaning of freedom that untold thousands have laid down their lives to attain and protect. Freedom has been cheapened by “re-defining” the term “pro-choice” to mean killing an unborn child. Ironically, the evil hijacking of the terms dehumanizing a child before he or she can choose anything; how anti-American! The unborn are not guaranteed “freedom of choice” or even considered, even though we say we believe “all men are created equal”.

Then God said, “Let us make man in our image, in our likeness, and let them rule over the fish of the sea and the birds of the air, over the livestock, over all the earth, and over all the creatures that move along the ground.” So, God created man in his own image, in the image of God he created him; male and female he created them. —Genesis 1:26–27

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This was also submitted as an article to The People’s Paper.

Many years ago, after an idyllic week of camping and moose hunting with my son, we returned to a vandalized car and stolen gear. I was naively indignant when I found the closest Trooper* Station was over a hundred miles away in Palmer, AK. My indignation was the typical human reaction of a crime victim who has taken law enforcement for granted until needing it.

In my case, several locals told me they most likely knew who the culprit was, but there was simply no law enforcement authority other than the miles-away Troopers. I could file my crime report when I got back to Palmer, getting at the end of an already long line of violated Alaskans waiting on justice. I filed the complaint when I got home but never heard further word about subsequent Trooper action or results. Frankly, I just let it go, it was easier than following up or pushing… after all, when I turned in the claim and police report to my insurance company, they paid in full. I was compensated but have no idea if the presumed ‘perp’ was ever confronted. Having lived in Alaska for nearly 50 years, I suspect this is more ‘typical’ than we care to admit.

With sincere respect and appreciation for our highly trained, professional State Troopers, a local ‘Keystone Cop’** would have been welcome. The LAST thing Alaska needs is more statewide dependence on remote, top-down, state level enforcement! Our budget reality is forcing painful State Trooper reduction, so it is time to reflect and reconsider our public safety options. There is an obvious fiscal impossibility to provide effective, equitable, statewide Trooper protection; it is time to think local.

It is demeaning to think of local police as ‘Keystone Cops’ and certainly ignores the value in keeping law enforcement in the community. If we continue to rely on Juneau-based management of local crime problems, our local public safety will be further eroded as the fiscal crisis hits us. Other States successfully have locally elected and paid Sheriffs. Local voter influence provides locally controlled law enforcement, which is predictably influenced by the will and passions of the active community people. This is not a bad thing! It is arguably unfortunate the Alaska Constitution makes no provision for Sheriffs or counties, so the only local law enforcement we see are unelected, public employees – hired by the larger municipalities. With no local tax base to pay for locally managed police, smaller communities (both organized and unorganized) settle for inadequate law enforcement.

Corruption in enforcement is a cancer polluting justice, whether it is local or statewide. I’ll take potential local corruption any time because it can be eliminated or prevented in the next local election. The scope of Citizen engagement needed to overturn a sheriff’s office would scarcely ‘move the needle’ and is quicker, compared to the effort needed to reform the ivory towers of justice – particularly in Alaska, where the Capitol is a ‘remote government island’.

Our State Public Safety program (one of many public programs) has been harmed by copious State spending of abundant natural resource ‘tax revenue’. Remember, in this context ‘tax revenue’ includes the ‘tax’ constitutionally withdrawn from the people’s natural resources before it can become personal property, instead of being taxed in the traditional sense, we have spent this 80 Billion over the last 40 years.

This money enabled the state to buy whatever it needed to create a plush State Trooper program, which legitimately prioritizes services to urban areas, leaving the rural areas lacking. Obviously, Alaskan’s cannot afford to provide rural citizens services comparable to urban-access to the State Troopers. Most Alaskans are reluctant to cut Trooper services for good reason. Alaskans are unwilling to add another layer of traditional local taxes, if it is in addition to the highest per capita State ‘tax revenue’ in the nation.

Once the problem is broken down, the solution is actually intuitive even if not politically feasible! The Legislature should pay larger PFDs from the money constitutionally restricted from government spending (the permanent fund earnings the Governor wants to spend); then, ‘man up’ and temporarily tax the PFD as needed to close the budget deficit; and then pay for the level of government Alaskans want. The problem of course: a typical Alaskan wants the great services (myself included) but not the tax (again, myself included). This tension, when transparent and properly vetted, is the ideal time-tested regulator of legislative spending in a republic.

As an example, last session my office ran the numbers using the same projections from the Governor’s proposed fiscal plan. We found the legislature could return the vetoed PFD, AND increase PFDs to about $4000 for the next eight years and still have two billion left in the earnings reserve! Yes, the reserve money not paid out is HUGE! Personally, I would much rather lose half of a $4000 PFD for the next eight years in transparent taxes than lose the same exact amount of money to a shady, pre-tax ‘tax’; an open-to-interpretation tax simply adding to the already spent 80 billion dollars, and not actually providing an attainable solution.

When we can clearly see how much we are spending for public safety, then we can make informed decisions on a proper balance between State Trooper spending and spending for local law enforcement. Until then, it looks as if some Alaskans will go without (or for sure less) law enforcement. In the worst-case scenario, we will be set up for a real disaster when the PF earnings money is spent, we crash at the end of the Governor’s “glide slope, and there is still no viable solution in place!

*State Trooper – “law enforcement professionals” (http://study.com/articles/State_Trooper_Job_Description_Duties_and_Requirements.html)

**Keystone Cops – an expression applied to those who appear to be “incompetent while exhibiting an uncommon amount of energy in the pursuit of failure” … “So where did this constabulary idiom come from? Well, Hollywood, of course, a long time ago.” … “Even today, a century after their introduction, ‘Keystone Cops’ remains a well-known signifier of ineptitude in action.” (http://disappearingidioms.com/keystone-cops/)

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This was also submitted as an article to The People’s Paper.