Lansing Gone Wild (and how we fix it)

Jun

The federal government has built itself an unsustainable deficit, and our state government is right behind them with a deficit of their own. In fact, Michigan's budget could reach $1.3 billion or more by the time the budget year ends Sept. 30!

As I've mentioned before, "we the people" of Michigan need to get back control of our government. And in a very literal sense. But ... oh yeah, here's the "but" ... YOU, actually have to do something about it!

When it comes to politics, I've been a junkie since the 6th grade, but it was last summer when I finally woke-up and said "something must be done!" What I really wanted however, was to answer the question: "How to create real government change?"

After researching a number of different and effective strategies for "we the people," I decided to start with the Local Liberty Charter, authored by Nick Dranias, Goldwater Institute Director, Center for Constitutional Government.

Dranias provides policy recommendations meant to furnish a private right of action, empowering individuals to file lawsuits, when necessary, to compel local governmental officials to respect freedom and to shoulder legitimate governmental responsibilities.

You can read the whole 90-page report here, or just stick with me, as I post the "Cliff Notes."

Introduction:

Business as usual is no longer possible. Local property values are plummeting, unemployment is skyrocketing, and national, state, and local governments have grown unsustainably large, intrusive, and irresponsible.

Legitimate governments are created by "we the people" to secure liberty. These principles of liberty, however, are not reliably enforced at any level of government. The resulting threat to freedom and responsibilities is especially pronounced at the level of local government. So the best place to get to work is at the local level.

The Local Liberty Charter proposes enforceable individual rights aimed at restraining local governments by restructuring the rules of the local political game to institutionalize freedom and fiscal responsibility. It is designed to become part of a local government's charter or statutory legal framework.

The Local Liberty Charter would function as a constraint on all ordinances and regulations that a local government passed, similar to how a constitution defines and restricts the powers of state and federal government.

The 10 rights in "A New Charter for American Cities" are:

Right 1: The Right to a Presumption of Liberty.
Like the Declaration of Independence, the Local Liberty Charter presumes citizens are free to act peaceably and honestly without legal restraint. Therefore, the Local Liberty Charter requires simplifying or reducing burdensome regulation through 'sunrise' and 'sunset' review, and eliminating regulatory delay.

Right 2: The Right to Use and Enjoy Property.
As long as they do not violate the rights of others, property owners should have the right to develop and use their property however they wish. The Local Liberty Charter requires simplifying and eliminating land use regulations and transforming zoning into a freedom-friendly legal framework.

Right 3: The Right to Separation of Powers.
Municipalities typically concentrate executive, legislative, and quasi-judicial power into one unchecked entity, increasing the likelihood of power abuses and biased decision-making. The Local Liberty Charter requires diffusing the concentration of local power, and giving citizens hurt by local government action the option to request alternative dispute resolution.

Right 4: The Right to Freedom from Crime.
Protecting citizens from crime is government's core function. The Local Liberty Charter requires performance benchmarking for law enforcement, using overtime as an incentive for high performance, and contracting out failing police departments to other localities.

Right 5: The Right to Fiscally Responsible Government.
Government at any level should not be larger than necessary and should be fiscally accountable to its citizens. The Local Liberty Charter requires outsourcing services, keeping government spending from exceeding growth in population and inflation, and limiting the business of local government to core functions.

Rights 6: The Right to Freedom from Favoritism.
Local governments should not be in the business of singling out individuals or groups for special benefits or harms. The Local Liberty Charter requires eliminating laws, taxes and spending that unfairly single out a particular person or group for benefit or harm.

Rights 7: The Right to Accountability.
Government officials serve the people and should be held accountable for their actions. The Local Liberty Charter requires a "three strikes you're out" policy for public officials who repeatedly misapply the law. Under this policy, nonelected public officials would be terminated if they violate the law, causing citizens to suffer substantial harm, on three occasions.

Rights 8: The Right to Genuine Local Sovereignty.
The offer of federal funds is tempting, but often comes with strings attached that require matched spending by state and local governments. Additionally, new federal regulations are often implemented without local government coordination. The Local Liberty Charter requires cities, counties and towns to reject federal funds that come with strings attached and obligates local officials to demand coordination from federal agencies to stop the implementation of burdensome federal regulations.

Rights 9: The Right to Transparency.
Transparency in government is crucial to holding public officials accountable and preventing corruption. The Local Liberty Charter requires the public posting of government financial information, deadlines for public records requests to be granted, disclosure of critical public information, such as performance benchmarking, and open municipal contracting.

Right 10: The Right to Reconstitute Local Government.
When local government goes bad, sometimes the best answer is to hit the "reset" button. The Local Liberty Charter requires allowing citizens to vote for "none of the above" when all candidates on a ticket are unacceptable, to dissolve unaccountable special districts, and to mandate bankruptcy filing by fiscally irresponsible localities.

"The Local Liberty Charter is not a pledge signed by politicians. It is meant to be enforceable in court by ordinary citizens. Each right would be implemented by policies that furnish a private right of action, empowering individuals to file lawsuits, when necessary, to compel local governmental officials to respect freedom and perform their legitimate responsibilities." - Nick Dranias