Idaho’s Speaker
blunders
Commentary
by PAT MURPHY
"Vision"
and "deep thinker" are not words that come to mind when
discussing attributes of Idaho House Speaker Bruce Newcomb, who acts more
like a bank bench freshman spear-carrier for special interests rather than
a leader.
Despite
warnings and advice from the best legal minds in the Idaho Attorney
General’s Office as well as in Idaho local governments to not proceed,
Newcomb stumbled ahead with this legislative session’s most bumbling
proposal — and with his name and reputation attached to it.
Marching to
the drums of Idaho’s so-called "resource lobby" — cattle,
mining, lumber, agriculture industries — Newcomb introduced a proposed
constitutional "takings" amendment whose net effect would be to
hogtie government’s traditional right and responsibility to regulate
land use for changing times.
Then, slow
to catch on as he is, Newcomb awoke one day to the disaster this proposal
would visit on the state. He withdrew the proposal for more study. One
devoutly hopes it will die from a dose of common sense.
If this
"takings" amendment were imbedded in the Idaho Constitution,
courts would be clogged with thousands of petty lawsuits whenever cities,
counties or the state tried to regulate land use, change tax policies or
require owners to comply with new restrictions. Court costs and
reimbursement would cost taxpayers hundreds of millions of dollars over
time.
Speaker
Newcomb and his special interest patrons seem to believe that property
ownership includes the right of willy-nilly usage and to be immune from
regulation.
Newcomb and
the interests he champions oddly want to avoid seeking relief in the
courts, which still provide remedies for property owners who have genuine,
not cockeyed, claims of government abuse.
Speaker
Newcomb’s idea is not original: it’s straight out of the textbooks of
right wing fringe groups who’ve had a rough go peddling their
"takings" plan all over the country. Newcomb’s willingness to
mollify peevish lobbyists by tinkering with the state Constitution is a
disappointing weakness in a man who should have a better understanding of
government as well as his leadership duties.
•
While on
the topic of constitutional amendments, consider the international
spectacle at the Olympics had the U.S. Congress approved and 38 states
ratified the so-called flag desecration amendment to the U.S. Constitution
when it first was proposed years ago.
Hundreds of
Americans rooting for their Olympic team in Salt Lake City might’ve been
charged by Utah police with abusing Old Glory. Stands at various venues
were packed with Americans wearing an array of fashions — scarves,
jackets, coats, hats, towels — resembling the U.S. flag.
This sort
of makeshift adaptation of Old Glory for hip fashions, which has become a
multi-billion dollar industry, presumably would’ve been outlawed by the
vague, proposed amendment ¾ "The Congress shall have power to
prohibit the physical desecration of the flag of the United States"
— that happily has failed four times to muster enough votes to be
approved.
One of the
failed amendment’s most ardent proponents is Utah’s own dour,
humorless senior U.S. Sen. Orrin Hatch. Had the amendment been on the
books, Hatch presumably would’ve happily had Utah police rounding up
merchants selling inventive, but disrespectful, renditions of the flag and
fans wearing flag-like fashions, and had them ticketed, or worse.
Yessir,
terrorists and flag desecrators alike are no match for America’s super
patriots.