Viva La Cola!

Founded in January 2009, PubliCola is a blog about Seattle written by journalists who are dedicated to non-partisan, original daily reporting that prioritizes a balanced approach to news. Started by longtime local editor and award-winning reporter Josh Feit, PubliCola is the first online-only news site in state history to get media credentials to cover the state capitol.

PubliCola was off and running. In June 2009, PubliCola hired another award-winning journalist, super-sourced Seattle city hall reporter Erica C. Barnett.

People were afraid that blogging would change journalism. Instead, we believe journalism can change blogging. Twenty-first century journalism may look and feel different, and yes Erica isn't afraid to get cranky, but we're committed to making sure online news still delivers independent, reliable, even-keeled coverage. And most of all, we're committed to making sure the coverage sparks honest civic debate.

Bringing you cola for the people, PubliCola is named after Publius Valerius PubliCola, the alias for the authors of the Federalist Papers—the original bloggers.

The first online-only news site in state history to get media credentials to cover the state capitol and Seattle city hall, PubliCola has been called a “must-read” by the Seattle Post Intelligencer and a hot “New Media Mover and Shaker” by Seattle Magazine—which also cited our own Erica C. Barnett as the city's No. 1 news nerd.

It Doesn’t Meet Our Expectations

1. Editor’s Note: This item has been updated and corrected.

At last month’s meeting of the Puget Sound Regional Council’s 32-member executive board, Seattle Mayor Mike McGinn was one of just two votes against adopting the Transportation 2040 plan—the regional vision for transportation over the next 30 years.

The plan adopted by the board includes significantly less investment in mass transit, bike lanes, and pedestrian infrastructure than the alternative supported by bike and transit advocates and environmental groups. In an email, PSRC spokesman Rick Olson points out that the adopted plan actually includes more transit and bike and pedestrian infrastructure than earlier versions; however, it also increases funding for highways substantially, making the total percentage of transit in the plan lower than in previous versions. “It doesn’t meet our expectations on transportation, land use, social equity, or greenhouse gas emissions,” McGinn said Saturday, during a speech at the Climate Neutral Seattle Unconference. The only other “no” vote? Port Orchard Mayor Lary Coppola, who—coming from the opposite political POV—wanted less tolling in the plan.

King County Executive Dow Constantine is on the board but was on vacation and didn’t vote; Seattle City Council Members Tim Burgess, Bruce Harrell, and Tom Rasmussen all voted for the plan.

2. Also at Saturday’s Unconference, Seattle City Council member Mike O’Brien suggested a cool (and seemingly doable) idea to subtly promote using transit: Embed ORCA card technology into drivers’ licenses instead of requiring transit riders to buy an extra card, effectively turning drivers’ licenses (most people’s main form of ID, whether they drive or not) into transportation licenses instead.

3. Serial DUI offender Dwight Benson was sentenced to three years in jail last Friday for his 11th DUI conviction (and 19th charge) over the past 25 years. Assistant city attorney Lorna Sylvester said Benson “likely has the most convictions for alcohol-related driving offenses that this court will ever see.”

4. Divining local angles on national stories isn’t the most inspired journalism, but we’re loving the PubliCola plotline on the Sen. Harry Reid story (yesterday’s New York Times ran a feature about how the Democratic Senate Majority Leader is the number one target for Tea Party activists).

The Teapublicans better not get too cocky. As we reported last month, the former spokesman for the Washington State Democratic Party, Kelly Steele—a bona fide brawler—was tapped as Reid’s campaign spokesman.

Reid’s numbers are terrible, so Steele might not pull it out, but the swaggering Tea Party folks are certainly in for a little surprise courtesy of the guy who flattened Mike McGavick and Dino Rossi.

5. Speaking of Teapublicans, they’re taking this whole 18th Centruy stuff pretty seriously. Last week, the Lt. Governor of South Carolina sent an email to legislators nationwide—including to legislators in Olympia—asking them to get the ball rolling on holding a new constitutional convention, you know, like the one the states organized in 1787 to overthrow the the Articles of Confederation and form a new government.

Here’s the email:

To my esteemed colleagues:

Below is a copy of Virginia Delegate James M. LeMunyon’s op-ed published in The Wall Street Journal earlier this week advocating the importance and feasibility of a limited Constitutional Convention to rein in Congress. [Posted below the fold. —Eds.] I admire Delegate LeMunyon’s work and I appreciate his efforts to bring this issue to the forefront.

A Constitutional Convention is the only choice we have to block Obamacare.  I opposed a Constitutional Convention a few years ago, but a lot has changed.  Back then, we were worried that a Constitutional Convention might open the floodgates.

Well, Congress has already opened the floodgates and they’re taking away our freedoms and liberties every day. Obama is coming after the Second Amendment next, and he will probably be able to bulldoze his way through it like he did with health care.

I urge you to discuss and support the practicality and importance of a Constitutional Convention with your fellow legislators because a Constitutional Convention has the ability to close the floodgates to keep Congress under control.

Please feel free to contact me by phone at 803-734-2080 or by email at ltgov@scsenate.gov if I can assist you in any way with this most important pursuit.  Also, I would appreciate it if you would let me know of any such efforts in your state.

Thank you for your attention to this matter.

Andre Bauer

Lieutenant Governor

State of South Carolina

A Constitutional Convention Can Rein in Washington

By JAMES M. LEMUNYON – (represents portions of Fairfax and Loudoun Counties in the Virginia House of Delegates.)

phone: (703) 264-1432

The U.S. Congress is in a state of serious disrepair and cannot fix itself. It has reached this point over the course of many years—in fact over many decades. Regardless of the party in power, Congress has demonstrated a growing inability to effectively address the major issues of our time, including soaring federal debt and the extension of federal authority to states and localities.

The only effective remedy is constitutional reform to rein in congressional excesses and abuses. But Congress can’t be expected to propose amendments to fix itself, as it has an inherent conflict of interest.

The remedy is in Article V of the Constitution, which permits a convention to be called for the purpose of proposing constitutional amendments. Any proposed amendment then would have to be ratified by both houses of 38 state legislatures (three-fourths of the states). This entails 76 separate votes in the affirmative by two houses of the 38 state legislatures. (Nebraska, with its unicameral legislature, would be an exception.)

Interest in calling a first-ever Article V convention is growing at the state level. A petition for such a convention passed the Florida Senate last month, to propose amendments requiring a balanced budget and to restrain the growth of the national government. If approved by the House, Florida would be the 20th state with an active call to do so. In the Virginia House of Delegates, I introduced a resolution (H.J. 183) calling for a constitutional convention to restrain the national government as well. Requests by two-thirds or 34 states are required for a convention to be called.

Yet while there is growing support for a constitutional convention, this support is not universal, even among Americans who advocate limited government and adherence to the original intent of the Constitution. In fact, several states that passed petitions for a convention during the 1980s have rescinded them in recent years.

The principle problem for critics is that it may not be possible to limit the agenda of a constitutional convention. In addition to an amendment relating to a balanced federal budget, for example, a “runaway convention” driven by political fringe groups might propose revising or deleting existing provisions of the Constitution, including the Bill of Rights. This issue was raised when my resolution was considered in committee in the Virginia House of Delegates.

Legal experts differ regarding the extent to which the scope of a convention could be restricted. Nevertheless, no one should fear a runaway convention, since the outcome of such a convention has no standing unless approved by 38 states. Or, to look at it another way, if even one chamber in 13 state legislatures refused to consider an amendment proposed by a convention, the proposed amendment would not take effect. This provides a very high threshold for amending the Constitution.

A runaway convention might be a waste of time, but nothing more. State constitutions have been written and rewritten in convention on hundreds of occasions during our nation’s history, with no “runaways” to mention.

Moreover, we should welcome the opportunity to consider multiple amendments. One example: to provide the president with a line item veto authority similar to that already in effect for governors in 43 states. This power can bridle legislative excesses such as earmarks. Another amendment might end unfunded mandates to states by the federal government. Others might include term limits for U.S. congressmen. My own resolution in Virginia calls for a convention to propose the line item veto and unfunded mandates.

Fear of a runaway convention presupposes a profound lack of confidence in state legislatures. It presumes that a majority in 76 legislative houses in 38 states would seriously consider, for example, amending or deleting the Bill of Rights. It presumes that only an elite class of Americans with Washington-based power can get it right when it comes to the Constitution. It presumes that the provisions of the Constitution are something imposed on the people, possibly against their will, rather than a limited grant of authority by the people, supported by the current generation of Americans and amendable to reflect 21st century realities.

As a practical matter, there are a sufficient number of “red” and “blue” states to block any attempt to amend the Constitution in a radical way from the left or right. During the last three presidential elections, 18 states have been blue in all three instances and 22 have been red in all three. Of the blue states, 16 have Democratic majorities in both state houses and two are split between the parties. Of the red states, 15 have Republican majorities in both Houses, plus seven additional states with either split legislatures or legislatures led by conservative Democrats in the South. Any “fringe” amendments could easily be blocked by the inaction of one legislative chamber in 13 states.

It is a mistake to dwell on hypothetical and unfounded concerns about the outcome of a runaway constitutional convention. We instead should focus on the immediate reality of a “runaway Congress” and its accumulation of debt far beyond the ability of Americans to pay.




  • http://michaelmaddux.blogspot.com/ Michael M.

    Just a technical point – the Court does sentencing. Mr. Holmes' office makes recommendations.

  • CTJ3

    interesting idea about the driver's license/orca card. Licenses currently don't have RFID, I wonder if this will raise privacy concerns

  • N8

    If the ratification of a new constitution has such a small chance of passage, it appears that the Teapublicans just want to waste my tax dollars so they can do some political grandstanding.

  • West Seattle Waiter

    McGinn being the only vote against it. Boy that should make him feel great again. A one man protest against the MAN.

    Unfortunately, he has not figured out that he is the Mayor of a major American city. His job is to write the policies and get things funded and manage 11,000 employees and garnering support of other elected officials to push policies. If he wants to be a legislator then he should have run for Council or the State House or Congress, but not an Executive.

  • ben trovato

    Embedding ORCA in the driver's licence would be a great way to track individuals on mass transit. Other than that, I can't identify a problem that's crying out for this solution. And didn't Publicola just run an article about existing problems with the ORCA card?

  • We can do more for transit

    In fact, McGinn won and ran on a platform of change and more transit, so if anything he needs to get more vocal. You claim he's supposed to work with officials to garner support, but he can't get anyone to support his position if he votes against his own position! If he actually doesn't have a position!
    Your approach is to subject him to moral opprobrium and charges of ineffectiveness simply because he doesn't join in the Kumbaya chorus of “whatever we're doing is exactly right! We're the Greenest City in the World!” This is a fake and dishonest way to debate. Call it the “Seattle Politburo” technique: anytime someone voices disagreement, smother that dissent with faux outrage and the pretended politeness violation, thus avoiding the substance of the disagreement and ending a real debate.

    Look, the man told voters we could do more on transit. He won, and he's expressing that view in councils of government. He's doing exactly what he said he would do. He should be lauded for keeping his promises instead of bowing down to the Kumbaya Korps.

  • kurisu

    Yes, his job is to get things funded. Pretty hard to do that job when Pierce, Metro, and Community Transit are facing cuts but the crossbase highway is still a priority for some other electeds. Someone needs to stop the culture of everyone voting for each others' new road projects when we have a huge maintenance backlog.

  • marymaryquitecontrary

    I find it interesting that people take McGinn's (narrow) win as a sign of support for his “platform”. The race was constructed as “Mike Bikes” vs. “Corporate Executive”, “no tunnel” vs. “moving forward” (although remember when he said he was against the tunnel and then he was for the tunnel but now he's against the tunnel again?). People found his opponent “creepy”, prone to verbal gaffes, awkward, and inaccessible. McGinn rode a wave of “cool kid” trendiness to the 7th floor, but it would be a stretch to say that his election validates his “platform”.

    Effective leadership means developing relationships with other people and bringing them along in your vision. That's not “Kumbaya Korps”. That's moving things forward. McGinn has never been good at that part. We need to work regionally on these issues. The PSRC is actually a very progressive, smart group of people who are thinking strategically about regional planning. If McGinn ends up being the black sheep regionally, locally, and on the state level, it doesn't matter what his “platform” is. Nothing is going to change. He is going to have to change his mode of operating from “guerrilla” to “cooperative leader” and I have yet to see any evidence that he is capable of switching gears.

  • notafiree

    He also said [on the tunnel]: “If I'm elected mayor, though I disagree with this decision, it will be my job to uphold and execute this agreement” (http://seattletimes.nwsource.com/html/politics/…) …and given the narrow margin of victory it might have won him the election. Don't hold a politician to what they have said – only to what they manage to accomplish. So far it isn't looking good for the McGinn bull in a china shop approach. But maybe he'll learn – maybe, (Royer did). (oh and here are a few extra exclamation points on credit: !!!!!!!!!!!!!… looks like bloody Mark Trail comic strip you got going there)

  • sarah68

    A factual correction: He didn't change his mind and say he was for the tunnel, he simply acknowledged reality after the Council voted to endorse the State's plan, i.e., that he alone as Mayor couldn't stop it.

    Effective leadership is developing relationships with other people but if they disagree with you and have strong reasons for doing so and they are not employees but other electeds, you can't automatically “bring them along in your vision.”

    I'm thoroughly disappointed in McGinn so far, but there's no point in blaming him for stuff that he either didn't do or can't do.

    Side note: It's sure depressing to be faced with a huge ad from the Downtown Seattle Association president.

  • Seattle_Steve

    McGinn is new. It isn't fair to judge whether he's effective on a regional stage yet. No one would expect him to vote yes on a transportation plan he had little input into, so his no vote is reasonable. I think the Mayor of Port Orchard is a different story. Looks like his complaints have fallen on deaf ears – he's had time to make a difference, and hasn't.

    McGinn's desires are vague. It would be good to see him use his experienced staff at the city to lay out what his expectations are, and what things he'd do differently in the plan over the next few months. He'll have plenty of opportunity. It's a reasonable way for him to communicate exactly what's expected in order to get his vote. he may have more allies than he thinks.

    But if he uses the next year to continue bashing the work of others, without letting on what he'd actually change, then we'll know that he's really not serious about this stuff, which involves nothing less than 50% of the carbon in our air right now.

  • seattle_steve

    The Mayor needs to do more than offer vague rhetoric. Certainly he's capable of being a little more specific so that other people can at least have an alternative. When he does that, it'll be fair to judge how effective he is. Until then, a lot of this is way premature. It is not enough for a Mayor to want more transit…….a Mayor is judged by whether he delivers more transit.

  • DJ Wilson

    The Reid campaign is run by another Washington Stater, Brandon Hall. He and I were interns together at the state party in 1996. He worked on Adam Smith's campaign as Finance Director in 1998, and Rick Larsen's first victorious campaign for Congress in 2000 as Finance Director. Went on to work for the DCCC and helped get Begich elected in Alaska.

    He does nothing but win elections.

  • Scott

    I don't want to be tracked on mass transit. No RFIDs in drivers licenses, please! And, as a transit-dependent citizen, I don't even have a dirvers license in which to embed ORCA info anyway. This a terrible idea from a privacy perspective. Plus RFIDs wear out. The lifespan of an ORCA card is something like 3 years. A drivers license is longer than that. Not a great idea.

  • http://www.politickling.com/ poliTICKLING

    Combining ORCA cards with driver licenses raises alarming privacy concerns. Currently, an employer (if they subsidize transit) or any government agency can gain access to your travel records if they request it (detailed in this Times article). Linking it to a driver's license would also link it to the Enhanced Driver License that many in WA have, which provides information to the Department of Homeland Security and others. I wouldn't feel super comfy if I had an Enhanced Driver & ORCA License and regularly traveled near a mosque or had the same name as someone that the government had their eye on. That's a No Fly List sitch waiting to happen. Just sayin.

    Plus, there's the problem of using a statewide system for a program that only offers a regional use and benefit. The cost of implementing and maintaining ORCA/Drivers licences in the WA Department of Licensing couldn't/wouldn't be paid for by statewide taxpayers, but only those in King/Pierce/Snohomish/Kitsap counties. All of those transit agencies are facing unprecedented revenue shortages, service cuts and fare-increases.

    Add the fact that citizens and electeds (besides Mike O'Brien) would almost certainly prefer to fund increased service levels – not the Big Brotheresque replacement of a system that is fully-functional – I don't see how this idea could ever be considered credible or taken seriously.

  • joelshirschhorn

    Thank You Mr. LeMunyon for Constitutional Truth

    Joel S. Hirschhorn

    For those of us advocating the first-time use of the Article V convention option in the US Constitution it seemed like heaven-sent blessing that the Wall Street Journal the other day published an oped article by Virginia state legislator James M. LeMunyon, a Republican. The headline conveyed the key message: A Constitutional Convention Can Rein in Washington.

    Okay, it would have been much preferred to avoid using the term constitutional convention and, instead, use Article V convention, because the language in Article V clearly limits a convention to amendments and prevents a wholesale rewriting of the constitution. Still, the article focused repeatedly on a most important theme that the public urgently needs to fully understand: There really is no remotely possible scenario of a runaway convention that would do terrible damage to the Constitution, either from the left or right. Thank You Mr. LeMunyon.

    LeMunyon did a masterful job of clarifying how the difficult job of ratifying any amendments proposed by a convention would have to get accepted by a large number of state legislative houses, with many controlled by Democrats and others by Republicans. Indeed, the state ratification requirement gives the safety net that sensible Americans must see as removing all fears of a damaging runaway convention. Why is this so important? Because convention opponents, mostly on the right, have for many years used the runaway convention argument to instill public fears about using the constitutional option of an Article V convention. It has made all those supposedly constitution-loving conservatives nothing more than constitutional hypocrites. With all their angry rhetoric about the many harms of the uncontrolled federal government they, nevertheless, have not seen what so many others, like LeMunyon, have seen: Using the Article V convention option is necessary to rein in Washington and all of the status quo corruption in the two-party plutocracy. Thank You Mr. LeMunyon.

    Rather than fear a convention of state delegates, people must fully appreciate that, as stated by LeMunyon, “Congress is in a state of serious disrepair and cannot fix itself.” Clearly Congress fears a convention, and what Congress fears we the people urgently need: the first Article V convention. The one major point not presented in the article is that, with over 700 applications from all 50 states, the one and only constitutional requirement for a convention has been met, but Congress has refused to obey the Constitution. So, state legislators like LeMunyon keep proposing new state legislation to submit still more applications for a convention. Until recently the whole historic set of state applications were not even made easily available for public scrutiny. Not by Congress or anyone else, until the nonpartisan Friends of the Article V Convention did so and made them available on their website.

    Regardless of all the sound information and arguments given by LeMunyon, his highly visible article has stimulated considerable negative, anti-convention writings on many right wing websites. This, despite the logic that there is so much more to fear and oppose than a convention. All this irrational and irresponsible fear-mongering merits careful thought. Exactly why do so many people who profess love and respect for the Founders and the Constitution keep opposing using what the Founders knew we would have to use when the public lost trust in the federal government? Why do these anti-convention people ignore what LeMunyon correctly noted? There have been hundreds of state constitutional conventions that did not wreck states.

    The baseless harangues by anti-convention screamers only act to maintain the political status quo and perpetuate the fiction that elections can succeed in sending enough radically different people to Congress and the White House to really reform and fix our nation. These people want to preserve their own organizations as means to oppose and fix the political and government system. They want to protect and retain their own perceived power and influence. They have had enough time and failed. Now it is time to use the Article V convention option.

    Thank You Mr. LeMunyon for making the case that only constitutional amendments have any hope of making systemic changes to fix the corrupt, inefficient and outright dysfunctional federal government. Power to the states!

    [Contact Joel S. Hirschhorn through delusionaldemocracy.com]

  • Claire McDaniel

    DJ Wilson,

    My name is Claire McDaniel. I live in Seattle and I was friends with Brandon Hall back when he was an intern for Adam Smith. I’ve been trying to track him down. Would you please ask him to search for me on Facebook and get in touch? Thanks!