How is 'an essential government function' determined?
Dear Editor:
Americans are aware that our federal constitutional democracy is under threat. State governments lead the resistance to the threat, underscoring the importance of the balance of local and central power.
Maine became a Home Rule State in 1969, but in 1976, the Maine Legislature deemed that “centrally managing the economy is an essential government function,” and proceeded to write laws to fulfill this ambition.
To do so, Article IV Part Third, Sections 13 and 14 needed to be handled. Section 13 identifies that it is a state function to regulate industry. Section 14 prohibits the legislature from chartering corporations with two exceptions, one for municipal charters and the other if the object of the corporation cannot be achieved by other means (as in the private sector). The inherent principle is that it is a conflict of interest for a regulatory institution to participate in a field that it regulates. The regulatory function is an essential government function as identified by the Maine Constitution.
Since 1976, the Maine Legislature has chartered many corporations by declaring that they serve an essential government function, by which is meant, but not said, economic development.
Recently, the Legislature chartered the Maine Space Corporation, with instructions that MSC will use our public school system as its industrial training facilities from kindergarten to any age.
This will enable the Maine Legislature to have greater control over local regions while costs are expensed to municipal taxpayers, contributing to the rising cost of home ownership. Jobs created by state corporations are likely to be advantaged over other businesses whose taxes finance public schools.
The private space industry is booming, but there is only one institution that can regulate it -- that is the government. State business interests are being prioritized over an essential government function that impacts environmental interests. A corporation that dominates a field and also regulates it is the worst type of corporation or government.
”Centrally managing the economy” is not identified as an essential government function in the Maine Constitution, but regulating industry is. Article IV Part Third sections 13 and 14 make that clear.
Susan M. Andersen
Boothbay Harbor