Red States, Blue States, and
the Regulatory State
By: M.
David Stirling Phone: (916) 419-7111
The
most recent “red states - blue states” map demonstrates a vast
difference in people’s attitudes and thinking.
Generally, people residing in urban-dominated and coastal
counties voted blue, while residents of the more rural, interior
counties voted red. Even within counties, it was primarily the
population centers that colored a county’s majority-vote blue, even
though the geographically larger, rural portions of the same county
voted red. The persistent gap between “blue” voters and “red”
voters, however, runs deeper than their perceptions of whether
George Bush is better at keeping us safe from terror or John Kerry
is better able to create jobs. This attitudinal difference relates
to a basic question that has been debated by man since his early
ancestors first began to live and work together in groups — that is,
the relationship between people and government.
As a microcosm of this gap between red and blue voters, King
County, Washington, provides a remarkable example. Home to the city
of Seattle, King County, together with the 11 more populated
counties bordering Washington’s coastal waters, push the state into
the blue column on most political issues, including the recent
presidential election. The state’s 26 other counties, nearly all in
Washington’s rural interior, are consistently in the red column. But
King County also has a suburban-to-rural area that lies outside
Seattle’s city limits, and the clash between red and blue voters has
come to a post-election crescendo.
Last month, the county’s elected governing council enacted a
“critical areas ordinance” to regulate, for the purpose of growth
management, how privately owned property can be used. Under this
regulatory regime, owners of more than 5-acre parcels are required
to set aside and preserve in their natural state -- indefinitely --
at least 2 ½ acres and as much as 65 percent of their property.
Owners of five acres or less must preserve 50 percent of their
property in its native vegetation. Token activity on a natural
protection area such as walking, gathering firewood, or removing
invasive plants is allowed, but any form of building, even of a
woodshed, could bring county enforcement officers knocking on the
owner’s door. To be sure, the deep blue members of green
organizations that pushed for the ordinance will be patrolling these
rural areas in search of violators.
Although this severe regulatory scheme applies only in the
county’s rural areas, it received “aye” votes from all 7 blue
members of the County Council whose districts lie within the city of
Seattle. In contrast, each of the 6 red members of the council who
represent the affected unincorporated portions of the county
vigorously opposed the measure.
Not only are red property owners screaming “land grab” and
“theft,” but they are demanding compensation for the “taking” of
their property. They also resent the heavy-handedness and unfairness
of the pollution-generator of the county,i.e., Seattle,
imposing such draconian regulations on the rural areas “ in the name
of preserving the environment. The smug blue supporters respond with
the collectivist mantra that personal property rights do not trump
the right of a larger community to save the eco-system.
Even historically blue voters are revolting against excessive
regulation. In the last election, 60 percent of voters in Oregon —
the state with the nation’s toughest land-use planning laws —
enacted a strong property rights initiative. Measure 37 restores the
rights of property owners subjected to King County-like regulations
after they acquired their land, and requires the offending
government to pay regulated property owners a fair value for the
land they lost. As the proponents of Measure 37, Oregonians in
Action, like to tell it, “In Oregon, when government steals your
retirement nest egg, they call it planning.”
Throughout the centuries, the question of the proper role of
government in people’s lives has occupied the great philosophers and
caused some of history’s bloodiest wars. Thomas Jefferson, who, as
the author of the Declaration of Independence, understood the
tyranny of oppressive government, warned of the constant tension
between the people and their government when he said, “The natural
progress of things is for liberty to yield and government to gain
ground.”
In the United States, where the founders envisioned “We the
people” as the masters of the government, there is longstanding
suspicion of government in general, and an increasing concern that
government’s intrusiveness into people’s lives, livelihoods, and
property is growing beyond reasonableness and fairness. This
distrust of government overreach by more red voters is in marked
contrast to blue voters embrace — or at best, ignorant tolerance —
of regulatory creep.
If blue voters and those they elect continue to promote an
increasingly burdensome regulatory state, it should come as no
surprise that “red states-blue states” maps in the future continue
to resemble the last one. What may surprise the blue voters,
however, is how many historically blue counties end up turning red
with anger.
Mr. Stirling is vice-president of Pacific Legal Foundation, a
public interest legal organization that has defended private
property rights since 1973. PLF is challenging in court the King
County ordinance described in the article. This commentary appeared
in TownHall.com on December 14.
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