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Posts Tagged → win

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.

 

Big win for Perry County, and all Pennsylvanians

Attorney Joshua Prince represented Sheriff Carl Nace extremely well, and this afternoon he achieved a dismissal of the frivolous lawsuit brought by the Perry County auditors.

Recall that their suit sought personal information of concealed carry permit holders in Perry County, contrary to two different state laws.

Judge Zanic called the lawsuit “a fishing expedition.”

Here is the URL to Prince’s statement: http://blog.princelaw.com/2014/09/08/perry-county-auditors-complaint-dismissed/

Let’s look forward to the rally for Sheriff Nace, who stood strong for the people’s liberty. And let’s look forward to making the auditors pay for the unnecessary financial costs they foisted upon the Perry County taxpayers.

Relishing the win over GOP machine politics

Four years ago, I ran in the US Congressional Republican primary for the Congressional seat held by then congressman Tim Holden. It was a four-way race, between me, state senator Dave Argall, Frank Ryan, and Baptist Pastor Bob Griffiths.  From the get-go, different Republican leaders tried to get me to bow out.  Dave himself met with me at GOP headquarters and asked me to step out (Ah, the irony…I had asked him to chair my campaign).  Lots of heartache along the campaign trail as GOP insiders tried again and again to give Dave an artificial boost, an unfair advantage, and unequal opportunity.  Lebanon County GOP tried to endorse him, and the committee disintegrated as a result of the infighting that ensued.  Schuylkill County GOP did endorse him, and immediately afterwards lost its chairman and underwent radical changes.

It was a great race, we did very well (26% overall in a four-way race, with about $20,000 spent, and the highlight being the 51% we got in rural Perry County, which has my kind of people), and we got kudos all around for the excellent pick-up campaign we ran.  Dave went on to win that primary by a few hundred votes, and then he got crushed by Tim Holden.  All of the smart GOP consultants and insiders who told me that Dave would win, and that I should get out, well, they never called me to acknowledge they were wrong.  Apparently losing races is OK so long as it is a GOP insider, but the consultancy insider class is terribly afraid of grass roots candidates losing.

In 2012, I ran in the GOP primary for the PA 15th state senate district, but only after I had  cleared a bunch of artificial hurdles the GOP set up to keep me out of that race.  First, the new district was not released until very late in 2011, and only then after former state senator Jeff Piccola had retired one week into the one-year residency requirement period (imagine that!), so that I could not get an apartment over the new district line just a mile from my house and thereby qualify as a resident of the district.

In January 2012, the PA state supreme court threw out the GOP redistricting plan, calling it unconstitutional and deeply flawed, and I found myself back in the old district.  But even then, we were several days into the ballot petition process, with no volunteers, no committee, no paperwork, no money, up against two establishment candidates, one of whom was hand picked by the party, John McNally, our Dauphin County GOP chairman.

We got 850 signatures, got on the ballot, and started campaigning, grass roots style.  Within weeks, the GOP-controlled PA senate had developed a new redistricting map and presented it to the court.  Not surprisingly, I was once again outside the senate district.  Making things worse, the GOP establishment staff began telling voters that I might win, but then be outside the district, and therefore unable to serve the people who had voted for me.  Thankfully, the PA supreme court rejected the map as just as flawed as the first one, and the GOP had to live with my candidacy, which proved to be incredibly popular.

In other words, I know exactly what senator-elect Scott Wagner went through until this week.

What was refreshing to me as I worked Wagner’s district’s largest poll (Manchester 5 & 7) was the voter sentiment that came pouring out as they poured in to the polling place to write in Wagner’s name on the ballot.  Voters were vociferously rejecting the contrived hurdles that the GOP had arranged to stop Wagner, they rejected the artificial support the GOP had thrown behind milquetoast career politician Ron Miller, and they strongly opposed the $700,000 in negative ads run against Wagner.  That was $700,000 that the GOP could have spent, should have spent, to beat liberalism.

I do intend to run for the 15th state senate district again in two years.  And I guess I will be facing a GOP hand-picked cookie cutter empty suit of a candidate, someone the party expects to be a rubber stamp, who will not pursue right-to-work legislation.  And folks, I intend to win this one.  Hope to see you there with me at the barricades.

 

It’s official: Sunday hunting in VA

Two weeks ago the Virginia state House passed a Sunday hunting bill out of a committee that had bottled up similar bills for decades before. It was a surprising statement that it actually got through committee.  Then it passed the full state House, which surprised even its most ardent sponsors.

Well, today the Virginia state Senate passed the companion bill.  It allows hunting on private land on Sunday, a private property rights win if there ever was one. If you pay property taxes, say on a remote mountainside property, and you are deprived of 14.2% of your full use of that property for some vague reason, you might get frustrated.  It is your property.  You can shoot 1,000 bullets at a target on Sunday, but you cannot shoot just one at a squirrel.  Laws like this are by their definition arbitrary, the bane of democracy.

Virginia’s governor says he will sign the bill into law.

Welcome to the modern era, Virginia! We are envious of you.

Kudos to Kathy Davis of PA-based Hunters United for Sunday Hunting (www.huntsunday.org), who has devoted the past two years of her life to this issue, and who helped a great deal with getting the Virginia law passed and the lawsuit filed there.  The lawsuit compelled the state legislature to act, before a judge ruled against the state and the entire state was opened up.  While I would like to see public land open for Sunday hunting, I am satisfied with private land as a start to implementing it state-wide.  This really is an issue of the most basic American rights.