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July 27, 2006

The Libertarian Land Use Goal Behind TABOR

Is I wrote earlier, three ballot measures are headed our way this November that are part of a massive Libertarian effort to circumvent the legislative process and shrink government across the country via the initiative process. The three measures in Oregon include TABOR (which backers erroneously call "The Rainy Day Amendment"), term limits, and an eminent domain measure.

Two of these, TABOR (which I oppose) and eminent domain (which I support) are directly related to property rights goals stated in the National Platform of the Libertarian Party:

All public lands and resources, as well as claims thereto, except as explicitly allowed by the Constitution, shall be returned to private ownership, with the proceeds of sale going to retire public liabilities. Resource rights shall be defined as property rights, including riparian rights. All publicly owned infrastructures including dams and parks shall be returned to private ownership and all taxing authority for such public improvements shall sunset. Property related services shall be supplied by private markets and paid for by user fees, and regulation of property shall be limited to that which secures the rights of individuals. There will be no legal barriers to peaceful, private, voluntary attempts to explore, industrialize and colonize any extra-terrestrial resources. The federal government shall be held as liable as any individual for pollution or other transgression against property or resources.

Transitional Action: Rescind all taxation of real property. Property, resources and rights taken from their legitimate owners by government or by government supported private action, shall be restored to the rightful owners. Reverse the Supreme Court decision regarding eminent domain - Kelo v City of New London. Repeal all legislation that transfers property rights to the state, including those enacted in the name of aesthetic values, risk, moral standards, cost-benefit estimates, the promotion or restriction of economic growth, health or national security claims. Sunset all federal agencies that own, regulate or administer property, as well as agencies at the local level which exercise control over private property and resources. Rescind and oppose all international treaties that exercise government control over unowned resources.

How the eminent domain measure fits into this picture is easy to see, but less obvious – and more crucial to understand - is the way the TABOR measure fits into this puzzle. And up front, let me say I offer the information not to reveal any conspiracy or illegal activity, but to give you an opportunity to really understand what will happen if the TABOR measure becomes law.

The TABOR measure strictly limits the growth of government spending to increases in population and inflation. Back when I worked for Bill Sizemore he was considering putting a TABOR measure on the ballot, so I did a study of Oregon's state budget, what it was, and what it would have been had TABOR passed ten years earlier. And truly, over just a ten-year period, the budget would have been cut nearly in half. So when opponents tell you that a simplistic TABOR formula that only allows increases for population and inflation will decimate state funding, believe them.

Oregon's TABOR language allows for some exceptions to the spending limits – monies that will not be limited. These exceptions offer very important clues to the underlying goals of the Libertarians behind these ballot measures. From Oregon's TABOR measure:

"Total spending" means all disbursements pursuant to all acts by the Legislative Assembly authorizing the expenditure of public funds, except disbursements of: 1) money to fund emergency or "rainy day" funds; 2) federal funds; 3) money pursuant to Article IX, section 14 of this Constitution, commonly referred to as "The Kicker"; 4) money to fund tax and other refunds; 5) money voluntarily donated to a state agency; 6) proceeds from the sale of bonds specifically approved by voters; and 7) proceeds from the sale of real property at real market value to non-governmental entities.

TABOR backers are making the claim that the measure creates a rainy day fund. The measure does not require that, but it allows it and that certainly is a likely outcome. But note that the measure equally allows the sale of public lands (item 7), which fits perfectly within the Libertarian platform that all lands should be privately owned. As the budget tightens and state government, including schools, police, prisons, etc. are slowly strangled, lawmakers will literally have no choice but to sell off public assets in order to fund government services. That is the real goal behind TABOR. And those brainy Libertarians, who are not the dopey potheads people assume they are, have figured out a fairly brilliant way to take advantage of Republican greed to obtain their own goals. Oregonians really ought to consider carefully whether this is the road they want to take.

Posted by Becky at July 27, 2006 08:30 AM