Posts Tagged → legislation
A win for the little guy
Government’s role is to serve the people. America is a people with a government, not a government with a people. The people – their needs, their interests, their rights – come first in all things. Our Constitution prohibits government behavior that is arbitrary, capricious, abusive, or uncompensated taking of private property, among others.
Any American who loses sight of these limitations has fallen into the easy trap of promoting government over the people. People in both main political parties fall into this trap, because both main parties have largely lost touch with the US Constitution (and the Pennsylvania Constitution) and its daily meaning for American citizens.
Last night the Pennsylvania state senate passed HB 1565, which amended through law a procedural environmental rule issued in the last days of the former Governor Ed Rendell administration, in 2010. The rule created 150-foot buffers along streams designated High Quality and Exceptional Value, and removed that buffer land from nearly all uses. No compensation to the landowner was provided. Allowing the landowner to claim a charitable donation for public benefit was not allowed. Higher building density on the balance of the property was not allowed. The buffer land was simply taken by government fiat, by administrative dictate, totally at odds with the way American government is supposed to work.
And the appeal process afforded to landowners under the rule was onerous, extremely expensive, and lengthy. It was not real due process, but rather a series of high hurdles designed to chase away landowners from their property rights. Everything about this rule was designed to make the government’s job as easy as possible, and the private property owner’s rights and abilities as watered down as possible.
The 150-foot buffer rule represented the worst sort of government, because it did not serve the people, it quite simply took from the people. The 150-foot buffer rule was blunt force trauma in the name of environmental quality, which can easily be achieved to the same level myriad other ways. The rule was the easy way out, and it represented a throwback to the old days of the environmental movement and environmental quality management when big government, top-down, command-and-control dictates were standard fare for arresting environmental degradation.
That approach made sense when polluted American rivers were catching fire, nearly fifty years ago. Today, a scalpel and set of screwdrivers can achieve the environmental goal much better, and fairly. Supporters of the rule claimed that voting for HB 1565 was voting against environmental quality, which made no sense. Environmental quality along HQ and EV stream corridors could have easily been achieved with a similar, but innately fairer, 150-foot buffer rule. It saddens me that my fellow Americans could not see that simple fact, and instead sought to stay with a deeply flawed government process until the bitter end.
I know the people who both created and then championed the rule. Some of them are friends and acquaintances of mine. Their motives and intentions were good. I won’t say that they are bad people. Yes, they are mostly Democrats, but there were also plenty of Republicans involved in designing it and defending it, including former high level Republican government appointees.
Rather, this rule was a prime example of how simply out of touch many government decision makers have become with what American government is supposed to be, and it adds fuel to my own quest to help reintroduce the US and Pennsylvania constitutions back into policy discussions and government decision making so that we don’t have more HB 1565 moments in the future.
PA House Bill 1576 pulled, for now
Pennsylvania House Bill 1576 would have dramatically changed the way PA regulates and manages endangered, threatened, and rare species of plants and animals. It went overboard in so many ways, too numerous to recount now, and missed an important opportunity to actually bring a needed level of professionalism and accountability to the way the Pennsylvania Game Commission and the Pennsylvania Fish & Boat Commission interact with and serve citizens.
Legislation setting timetables for the agencies on permits and regulatory actions is a good start. Allowing citizens to recoup legal costs from successful lawsuits against the agencies would be fair, as the agencies occasionally get that bully’s “Go ahead and sue me” attitude, so inappropriate for any government agency.
HB 1576’s proponents bit off more than they could chew, probably a result of making an emotionally charged effort, rather than a carefully calculated and strategic effort at reining in government behavior that is sometimes seen as failing to serve citizens in the ways they deserve. Advocates for the two agencies, myself included, should be asking how HB 1576 came up in the first place – what kind of agency over-reach, or failures to serve – resulted in elected officials from both parties becoming so frustrated that they decided to drop that bomb.
Now, HB 1576 is not on the next list of proposed legislation to get a vote. There is talk in both parties about getting more finely tuned and focused legislation passed, and I certainly support that. Government’s role is not to dominate citizens, but to serve them. Protecting vulnerable plants and animals is a way of serving citizens’ interests, but there is also a way to do that without unnecessarily damaging the people who are supposed to benefit. That includes ensuring that the two agencies have sufficient funding and staff to implement their respective missions.
Who is a “sportsman”?
Sportsmen were the nation’s first conservationists, advocating in the 1890s for sustainable harvests of previously unregulated birds, fish and animals like deer and bear. Acting against their own individual self-interests, they banded together to place limits on wildlife and habitat so that future generations would have opportunities to fish, hunt, camp, skinny dip, sight-see, wildlife watch, and help wildlife recover from 300 years of unregulated market hunting and industrial exploitation.
By the 1920s, a culture of stewardship and natural resource conservation was cemented into the sporting ranks by leaders like Gifford Pinchot, Teddy Roosevelt, and Aldo Leopold. Hunting clubs across rural America incorporated stocking programs, tree planting, and facilitating public land purchases to improve and increase wildlife habitat.
Fast forward to today, where wildlife populations are largely stable, wildlife habitat is not in crisis mode, and hunters and anglers are experiencing the best opportunities to harvest trophy fish and game in many decades. We are living in a golden age of the outdoor lifestyle.
Riding on the successes of past generations, today there are some grumbling guys with guns, crabbing that they don’t have anything to hunt. The real shameful behavior is the recent abandonment by some of these men of the sportsman’s stewardship ethic and the conservation pledge that made the hunting community highly respected among the larger society. A group of disaffected users, takers, and malcontents calling themselves “sportsmen” recently endorsed HB 1576, a proposed Pennsylvania bill which would gut the very state agencies charged with protecting Pennsylvania’s natural resources, and remove from state protection those plants and animals necessary for healthy hunting habitat.
The question on the table is, Are these men sportsmen? Are they sportsmen like Aldo Leopold was a sportsman?
While I wait to hear back from others, my answer is No, these men are not sportsmen. They are simply men with guns, freeloaders, spoiled children living off the hard work of both past and present generations, while complaining it isn’t enough and they want more, now, dammit. Their behavior is short-sighted and embarrassing, nothing like the visionary selfless sacrifice of their forebears. They should be publicly shamed and drummed out of the ranks of sportsmen.
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“The last word in ignorance is the man who says of an animal or plant, “What good is it?” If the land mechanism as a whole is good, then every part is good, whether we understand it or not. If the biota, in the course of aeons, has built something we like but do not understand, then who but a fool would discard seemingly useless parts? To keep every cog and wheel is the first precaution of intelligent tinkering.”
― Aldo Leopold
Your Property Rights: Born, and Maybe Dead, on the Fourth of July
Your Private Property Rights: Born, and Possibly Died, on the Fourth of July
July 4, 2013
By Josh First
One hundred and fifty years ago today, in Gettysburg, Pennsylvania, America’s most hallowed ground was established. Over fifty thousand casualties among both Union and Confederate forces resulted from fierce acts of bravery and heroism on both sides over just a few days, including Pickett’s famous last-ditch assault on the Union center, into the teeth of point-blank cannon fire, canister, and grape shot.
The ferocious hand-to-hand fighting along Pickett’s front established the “high water mark” of the Confederacy, and produced the most focused military effort to date by the Union, the success of which gave impetus to the North’s final push to end a malingering war. To make those sacrifices and take those personal risks, you’ve got to really believe in something, a truth summed up brilliantly in Lincoln’s Gettysburg Address. The fact that the battle culminated on Independence Day was not lost on either side.
Ten years ago, I had the honor of purchasing the last outstanding parcel of land on which Pickett’s Charge occurred, at the far eastern end of the field, where the Ohio 8th Regiment was dug in. Over the prior 19 years, the National Park Service had unsuccessfully pursued the “Home Sweet Home” motel, a 1950s-era no-tell hotel on two acres there. It paved over a hasty trench and a temporary field hospital where men from both armies had been treated, before archaeology became vogue.
By 2004, the motel and its blacktop were themselves things of the past, the site archaeology was done, and the final resting place of so many distinguished soldiers was returned to serene grass. It was one of the high points of my career, and I worked so hard on it because, like other Americans who visit Gettysburg, read the Gettysburg Address, and understand Gettysburg’s role, its meaning inspired me. Preserving the Union meant continuing and expanding the American dream. Protecting the Home Sweet Home site meant preserving Gettysburg’s symbolism, protecting that hallowed ground, and enshrining the American Dream of opportunity for all.
One of the most inspiring aspects of America, and core to the American Dream, is the universal concept of private property rights. Because of America’s unique private property rights system, generations of immigrants have moved across mountains and oceans to become Americans, toil hard, and take risks and make sacrifices to improve their standard of living. For hundreds of years, anyone who was willing to work hard could use their private property rights to shelter and feed their family, purchase an education for their children, and build equity for the day when their hands and back might no longer be able to physically toil.
But here in Pennsylvania, just days ago and, oddly, just days before Independence Day, the state legislature passed a two-sentence bill gutting the private property rights of landowners who have leased their land for oil and gas exploration. It was a shameful thing to do, and it is an echo of the midnight legislative pay-raise that cost so many incumbents their seats a few years ago. It is the shady act of some self- anointed few to enrich their political friends, at the huge cost of Pennsylvania’s private landowners.
As I understand it, Governor Tom Corbett is weighing whether or not to sign it into law. I hope he does not sign it. To enact such a law flies in the face of everything that is American. It is against everything that Independence Day stands for. It is against everything that the men at Gettysburg fought and died for, and against everything that America’s Founding Fathers and brave patriots fought for in 1776.
I wish you a happy Independence Day today, and in its spirit I ask that you call your state legislators, and ask them if they voted for this un-American oil and gas bill. If they did, vote them out of office, and show them that the Spirit of 1776 still stands strong. You deserve better, I deserve better, America deserves better.
Join our conversation at www.joshfirst.com or on our Facebook page, Josh First for PA Senate
A day that will live in infamy? We will live through it
Seeing US Senator Pat Toomey cave in on gun control is a painful thing indeed. The man was elected to lead on tough issues and bring the Constitution to bear on policy and legislation. He is obviously failing on this most important count.
With his Democrat co-sponsored bill promoting universal background checks and hugely increased roles for doctors, and reportedly teachers, in unilaterally determining if a citizen is sufficiently mentally competent to enjoy their Constitutional freedoms, Toomey has entered a freak zone that no one could have imagined.
However, we have been here before. Last year it was US Supreme Court Chief Justice Roberts who allowed ObamaCare to stand on the most bizarre reasoning possible. Recall that, like Toomey, Roberts was supposed to be a conservative.
If you go back far enough in other places, you’ll find similar hard left turns, like when Israel Prime Minister Menachem Begin gave up the Sinai Peninsula for a worthless scrap of paper from Egypt, or when Israel Prime Minster Yitzchak Rabin entered into the disastrous Oslo Accords, or when Israel Prime Minister Ariel Sharon unilaterally disengaged from the Gaza Strip, this time not for a worthless piece of paper, but for a never-ending rain of missiles.
FDR dropped the ball at the Yalta Conference, giving Stalin free rein to run amok, setting the stage for decades of nuclear stand-off that could have been averted had FDR been a strong man.
Such is the mindset of humans, that desire to be liked, to be thought well of. Especially when momentous events are upon them, so many in leadership roles are called upon to compromise as a sign of their maturity and clear thinking.
Yet, few but the strongest can resist this siren’s call. Lincoln comes to mind. Thus he earned the best monument on the National Mall. Principled all the way. Admiration from all corners.
Seeing Senator Pat Toomey’s face in the news associated with this big flop of a bill hurts. Hearing Toomey say that background checks and all of the government database that does with them isn’t gun control is like entering some weird, surreal deep-sleep dreaming phase.
And yet, Toomey has revealed himself as a mere mortal, not some great man who had the principles and the strength of character to stand tall when needed.
He is not a bad guy, but Toomey is a failure on this one count alone, and he is not the first nor the last. The Second Amendment is the greatest right of all the Constitutional rights granted to American citizens, and seeing it so badly eroded by one person who should know better is a painful reminder that we cannot stop working.
Yes, the Tea Party folks will probably primary Toomey, and he may well lose that race on the basis of this vote alone. And yes, that could possibly lead to a Democrat filling his seat, which I would not be happy about. But it will be a lesson to other Republicans: Stand with us, or quit calling yourself a Republican.