Sugar Hill Versus The Constitution

Sugar Hill, New Hampshire is going "ape" over the proposed Northern Pass Transmission Line traversing the community. However, limiting who may speak on the subject is in contravention of the Federal Constitutional provisions, and most, if not all, State Constitutions.

While there are many who are aggressively opposed to environmental interference in local communities, the opposition to the utility activities must be based upon recognized public policy and the recognition that Due Process applies to all.

But what New Hampshirites fear most is that the Northern Pass will disfigure the state’s visual landscape. “It could destroy our economy,” says Dolly McPhaul, a lifelong Sugar Hill resident. “If people don’t build their second homes here, where are the builders going to get their money? The plumbers? The grocery store that feeds these people?” McPhaul and her neighbors were particularly disheartened to learn that the Northern Pass required federal and state permits—but no local permits at all.


“You’re shocked to find out you have no say,” says Nancy Martland, a retired child-development researcher who moved to Sugar Hill in 2007. “Even your whole town. Even at town meeting. Even your Select Board. You have no power. People in New Hampshire—maybe everywhere, I don’t know—we want to stand up for ourselves.”

So they did. Last year, Martland and McPhaul campaigned for a local ordinance that would ban corporations from acquiring land or building structures to support any “unsustainable energy system.” The ordinance stripped those corporations of their free-speech and due-process rights under the Constitution, as well as protections afforded by the Constitution’s commerce and contract clauses. Judicial rulings that recognized corporations as legal “persons” would not be recognized in Sugar Hill. Any state or federal law that tried to interfere with the town’s authority would be invalidated. “Natural communities and ecosystems”—wetlands, streams, rivers, aquifers—would acquire “inalienable and fundamental rights to exist and flourish,” and any resident could enforce the law on their behalf. “All power is inherent in the people,” the measure stated.

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