Constitution

Big government stalks Centennial

(Denver Post, May 18) “The era of big government is over,” Americans were told by Bill Clinton in 1995. If only. Since then we’ve seen his wife run for President in pursuit of a health care takeover, his buddy Al Gore propagandize for massive intervention on global warming, and his successor George Bush balloon the budget deficit. States and localities have continued to fatten as well, multiplying budgets, payrolls, and new government entities at “an astounding rate,” according to Clint Bolick, author of the book “Grassroots Tyranny.” Familiar with Colorado from his years at Mountain States Legal Foundation, Bolick is now with the Goldwater Institute in Arizona. “Big government didn’t disappear,” he says, “it simply moved to the suburbs.” Our state is notorious for its kudzu-like proliferation of special taxing districts. We’re also the place where life imitated art in 2000, when a city called Centennial incorporated itself south of Denver, echoing James Michener’s novel by that name about an imaginary town north of Denver. A struggle over the young municipality’s future is now underway.

Centennial, where I’ve lived since 1974, will hold an election June 10 on its proposed home-rule charter as drafted by a citizens’ commission. Residents are divided. The debate matters to all Coloradans as a case study in government’s inherent tendency to grow, whether driven by real needs or not.

Commission chairman Cathy Noon argues that under home rule, “we the citizens will craft our own governmental structure, one that meets our needs,” resulting in “more self-governance” and “enhanced quality of life.” Sounds good. But Chris Raab, head of the opposition, worries that city hall insiders are “trying to grow the city, and the growth is not paying for itself.” He contends the charter is fatally flawed with “poor checks and balances.”

Sounds bad; so who’s right? Under Colorado’s constitution, a city or town is entirely a creature of the state legislature unless it votes for home rule under a mini-constitution of its own. Such autonomy has superficial appeal, and most of our larger municipalities have opted for it. But you’d best be skeptical if you value individual liberty, small government, and free markets. Political empire-building is just too big a temptation, especially in localities.

Studying my locality’s proposed charter at CentennialColorado.com, I found a number of commendable safeguards against overgovernment. But they’re mixed with troublesome provisions reflecting the weak checks and balances that Raab criticizes. Why eliminate the treasurer and the clerk, two of the only three citywide elected officers? Why empower the mayor and council members to fire each other for undefined “good cause”? I’ll be voting no.

It’s nothing personal. I just want more safeguards than this plan gives. Founding Father James Madison warned that “schemes of oppression” are easier to carry out locally because special interests swing more weight there. City politicians are much less well-known than those in state and federal offices, notes Clint Bolick, adding: “Local governments are like vampires: they operate best under cover of darkness.”

Randy Simmons, who teaches political economy at Utah State and is mayor of his small town, says that a meddlesome populism infects city councils, and the lack of partisan accountability in local government makes it worse. He observes that even Republicans tend to “go socialist” in municipal office, tempted to “do good with other people’s money.”

Simmons says he’s glad Utah’s constitution has no home rule option, so their legislature can prevent grassroots tyranny. But Colorado lacks that protection. “If the charter’s not written right, citizens can lose control of their city to the hired manager,” says Larry Merkel, who as a Wheat Ridge councilman saw it happen there in 1976. Will Centennial make the same mistake? Let’s hope not.

Term Limits: Some Failure

Out of the 15 states that limit legislative terms, 10 rank near the top in economic competitive- ness among the 50 states. Colorado, one of the first to enact term limits back in 1990, ranks 7th. If that's what Denver Post columnist Dan Haley calls policy failure, let's have more of it. Haley's piece on May 4, "Term limits have failed," doesn't prove its case. He says the eight & out rule for Colorado's state senators and representatives "hasn't made our government by the people more efficient and effective," but gives no examples to support that.

I'd argue, to the contrary, that firm restraints on government growth and activism, imposed by the people in the late '80s and early '90s -- the 120-day legislative session, term limits, and tax limits under TABOR -- have done much to help the state as a whole grow and prosper ever since.

Economists Arthur Laffer and Stephen Moore, writing in the "Rich States, Poor States" survey at ALEC.org, rate the bullish or bearish outlook of each state according to its fiscal, regulatory, and labor policies. States in the top half of the class where term limits don't seem to spell failure include...

Arizona #2, South Dakota #3, Colorado #7, Nevada #11, Oklahoma #13, Florida #14, Arkansas #15, Michigan #16, Missouri #17, and Louisiana #21.

I'm not suggesting term limits are either a necessary or a sufficient condition for achieving a strong economic outlook. Obviously the rest of the top-rated states got there without term limits. And term-limited states in the bottom half of the class include Montana #33, Nebraska #34, California #41, Maine #44, and Ohio #47.

I'm just saying Dan is going to have to show me some evidence that term-limited states are necessarily worse governed, because on the evidence so far it appears they may be somewhat better governed.

Maybe it's matter of what we think government should do. Many of us believe it should stay off our backs and out of our pockets. By that measure, the Haley concern that too little is being done to "bridge partisan tensions" and that "statehouses with term limits are growing... less powerful" is no concern at all.

His source for the latter quote, the National Conference of State Legislatures, being a trade association for legislative careerists, naturally dislikes term limits. To which again, some us merely say: too bad for them.

Give NCSL credit, though; their research is generally professional, thorough, and accurate. Here's their overview on the factual status (not the subjective evaluation) of term limits today.

The 15 states that do have them, a number that my friend Dan suggests is paltry and embarrassing, should in my opinion be considered the fortunate few.

Update on petition rights & fights

There is a drive in Colorado to make constitutional amendment petitions far harder to do, leaving statutory petitions alone. The bill is SCR-3, linked here. It is through the Senate and needs only 4 of 25 Republicans joining Dems to clear the House before May 7 adjournment. I rate it as likely to go to the ballot. That's the first part of my answer after a national reporter saw the previous post and asked: "Are there any current attempts in Colorado to restrict the right of initiative? On the judicial term limits petition,did you have any problems with interference or 'blockers'?" I continued as follows:

Also of note this year is the Mark Hillman initiative proposal for a curb on trial lawyers, to which they seek massive retaliation. See details here.

As far as harassment of signature efforts, the barrage against Ward Connerly's civil rights effort here in Colorado is Michigan 2006 all over again. Jessica Corry explains here.

Finally, Jon Caldara has a potent measure on ethical standards for public payrolls (similiar but superior to paycheck protection) now gathering signatures. We also expect Armaggeddon on the ballot between Right to Work and Big Labor.

As for the failure of my judicial term limit petition, that simply reflects our big donors from last time having different priorities this year than in 2006. We didn't mount a serious enough effort to encounter the kind of interference from opponents that's occurred in other states.

DU students clueless on free speech

"How far do you think free speech should go?" was the question in DU's student paper, the Clarion, March 4 edition. I was stunned at what I read in the answers of five students. Not one of the responses printed, showed the slightest understanding of what free speech is or why it is important.

One by the name of Carolyn stated, for example: "When you start targeting and hurting specific groups, you're taking free speech too far and abusing the rights that have been given to us."

If I may use this as merely an example: When did you begin to believe that the Constitution guarantees your right not to be offended? When did you begin to believe that the government GIVES you rights at all? Our founders wrote the Constitution and our Bill of Rights to PROTECT the rights they believed were inalienable-that is, not bestowed by any government.

The growing confusion about the simple and clear definition of free speech itself is troubling and doesn't bode well for the education of college students, let alone K-12.

The First Amendment protects you from being punished by the government for what you say. It does not protect you from being criticized by your friends, those for whom you work, clients you serve, or even those who say stupid things. It doesn't even protect celebrities from those who refuse to watch their movies for something they've said.

It occurs to me that one of the reasons so many people have trouble with this, is because they think the government and all other private institutions are one in the same. That, to put it bluntly, is frightening.

When the private and public merge, the government can control everything you say or do. Think about it! Better yet, Carolyn, Laura, Dylan, Jessica and Riley, please pick up a copy of the Constitution and the Bill of Rights. I think you'll find it a fascinating reading.

Editor: This was published as a letter in the April 22 edition of the Clarion