09 Apr Why Repeal the FP-5 Fire Tax? – First Principles
“No local government may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote.” California Constitution Article XIII C.2.(d)
Over one million San Bernardino County residents are subject to a special tax that violates this clause in the state Constitution.
There are a variety of reasons county voters should repeal the special tax associated with the Fire Protection Service Zone Five (FP-5). We will address these reasons in a series of future blog posts.
However, first principles first.
The FP-5 special tax violates our foundational social contract and represents an existential threat to San Bernardino County residents.
An existential threat? Seriously? The tax is an additional $161.98 per year over and above the yearly property tax. No one likes paying more taxes, but how does this relatively “small” amount threaten one’s existence?
In 1620, a group of settlers on the sailing ship Mayflower faced a crisis. This disparate collection of religious refugees, merchants, craftsmen and children were blown off course and lacked sufficient supplies to complete their journey as planned to the Virginia territory. Forced by circumstance to a landfall in Plymouth, Massachusetts, a subset of the embarked passengers challenged the group’s leaders. Because the expedition was landing outside of the Virginia territory, they were no longer bound by the Virginia company’s charter.
All parties recognized this situation created a threat to the enterprise. An individualistic approach governed by an “every-man-for-himself” ethic would result in disaster for everyone. In response, the settlers created a one-page document that changed the course of history. The “Agreement Between the Settlers of New Plymouth,” later known as the Mayflower Compact, was created and signed.
Speaking 300 years later, Calvin Coolidge stated, “It was democratic, an acknowledgement of liberty under law and order and the giving to each person the right to participate in the government, while they promised to be obedient to the laws.”
At its essence, the Mayflower Compact was a social contract. Free individuals willingly agreed to create a government, allowed that government to create just laws and willingly submitted to those laws. In exchange, the government provided order and a method for collective self-defense.
The Mayflower Compact is the parent of the United States Constitution, and the grandparent of the California Constitution.
The California Constitution by its nature, history and design, represents a social contract between the citizens of California and the government of California. Any social contract is only as strong as the commitment by each party to adhere to the agreement stipulated in the contract.
As we noted,
the FP5 special tax was imposed on over one million San Bernardino residents by elected supervisors in violation of the state’s Constitution. The 2018 decision by elected supervisors to impose the FP5 tax on unincorporated residents without the people’s vote demonstrates a willingness by San Bernardino County’s ruling elite to violate our social contract.
This is why a “small” tax, intended to support public safety, is actually a threat to our very existence. If the government, as a party to the social contract, ignores the stipulations of that contract, both parties will increasingly ignore any and all stipulations of the contract. Rather than working together towards the common good, both parties become antagonistic and the relationship becomes increasingly hostile. Eventually, the end result is a complete failure of the underlying social contract that governs and orders our society.
If our current social construct fails, the result will follow one of two paths. Either we will disintegrate into a dystopian society where the weak can only survive by clinging to the strong. Or we will sell our individual freedoms to a dictator in exchange for stability and security.
Neither of these options are desirable nor palatable.
Let’s repeal the tax, and repair our social contract!
Next post: The Legal Reason To Repeal The FP-5 Fire Service Tax