Tuesday, July 6, 2010

The constitutional role of American placebuilders

What is the proper role in American society of placebuilders (planners, architects, civil engineers and revitalization professionals)?  Since the United States Constitution empowers --or limits the powers of—states and their counties and municipalities, it’s a good place to go for guidance.  Neither the Constitution nor its predecessor, the Declaration of Independence, mentions cities or towns – or placebuilders .  But they speak to what the Founding Fathers saw as the proper role of government – and by extension their agents -- in society.

The Declaration of Independence lists three “unalienable rights” – life, liberty and the pursuit of happiness.  Government’s role, therefore, is to protect those rights.  How would they translate for our work?

The Declaration says, “We hold these truths to be self-evident, that all men are created equal, and that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness…”

Placebuilders should strive to promote a better “quality of life” in the places that they work.  Since the term is so personal and because the powers of government are derived from the “consent of the governed,” the Declaration says, quality of life should be defined by the people who will be affected by the placebuilder’s actions.

People can have liberty only if they have the opportunity to fully engage in the benefits of society, and  have the freedom to pursue those opportunities.  Placebuilders should promote development and infrastructure that increases opportunity for all members of society.  Also, placebuilders should be careful that the policies and regulations they recommend do not have the effect of unreasonably limiting liberty.   Everyone agrees that to live peacefully in society, there should be some limits to personal freedom.  Even Libertarians don’t want to get rid of every traffic light, and no one is holding rallies to get rid of zoning.  But rules that put too many restrictions on property, or that make the cost of property ownership too expensive, have the effect of reducing an individual’s pursuit of happiness.  

The Preamble to the Constitution provides clearer guidance for placebuilders.
“We the People of the United States,
 in order to form a more perfect Union..."
Placebuilders should work to balance competing interests in the field of the public realm. 

"establish justice..."
Placebuilders should create or recommend policies and regulations that are based on generally accepted concepts of fairness and definitions of good and evil in society

"insure domestic tranquility..."
Placebuilders should promote development and policies that promote peaceful and positive interactions among people, and reduces stress on members of the population who suffer because of market failure or the acts of dominant groups to protect their privileges.

"provide for the common defense..."
Placebuilders should promote development and policies that protect against threats to the public's safety and health. 

"promote the general welfare..."
Placebuilders should promote development and policies that increase both opportunity and equity for disadvantaged members of society.

"and secure the blessings of liberty to ourselves and our posterity..."
Placebuilders should promote development and policies that are sustainable, so that future generations of Americans of every color, creed and nationality can pursue their own version of the American dream.

"do ordain and establish this Constitution for the United States of America.

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