GROWTH CAP AN ILLEGAL GOVERNMENT ACT
9 May, 2003
I have listened to many arguments about whether Berthoud's growth cap is good or bad for the town. But between all the statistics (and occasional name-calling) I have yet to hear anyone question it's legality.
In the first place, a vote taken with a turnout of less than 50 percent can never demonstrate a majority opinion. And even if a majority vote of Berthoud's citizens did approve a growth cap, that would not make it right.
These days it is popular to make a fetish of Democracy, as if it was the source of our freedom. In fact, the majority will usually persecute any unpopular minority. That is why our Constitution protects the rights of all people from this "tyranny of the majority".
Our Constitution contains the following guarantee of our most fundamental rights: "No person shall ... be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation." (Amendment V)
The Supreme Court has long maintained that the government may not infringe on a fundamental right without a compelling reason and then that law must be carefully and narrowly written to address only that reason. I submit that the Berthoud growth cap does not meet this test.
Most reasonable people agree that the state has a compelling interest to restrict the use of one's property to meet the compelling interests of health and safety. But where is the compelling government interest in a growth cap? It can only be justified on the basis of the most vague and twisted logic.
The Berthoud growth cap is a direct violation of our fundamental property rights. It means that a person may be denied the right to use their own property by the collective will of his neighbors. Could anything be more offensive to personal liberty? So if you prefer living in a society where the government bureaucrat makes decisions for you, then vote NO to preserve the growth cap. But if you prefer to keep your liberty and make your own decisions, then vote YES to repeal the growth cap on May 20.
[NOTE: The growth cap was repealed on May 20.]
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