A Mattapan trolley makes its way by Cedar Grove Cemetery in Dorchester. Michael Manning

THE SEEDS of right vs. left governing were sown in the aftermath of both the American and French revolutions, spurred on by luminary thinkers like Thomas Paine and Edmund Burke. Where western civilization draws the line between individual rights and the collective common good has been the crux of political debate for over 250 years. 

The federalist model spawned by the American revolution stood in stark contrast to the chaotic and bloody French. A template was set, representative democracy would become the standard bearer of governance for free people over the last two centuries.

The culmination of these heady expostulations has brought us to the most recent low stakes argument in #MApoli. Should a wealthy suburban town dare defy central planners in state government that compel communities to build as they see fit?  

The obvious and correct answer is yes, if they so choose.

Approaching the argument philosophically – then practically – we first need to understand that the fundamental precept of rights in the United States is that they are a charter of negative liberties. What the government can’t do to us, not what the government has the power to force us to do. In modern politics, this generally manifests as progressives supporting the latter and conservatives the former.

Balance is struck when we pass laws that are punitive (or expensive) towards undesirable behavior. From laws restricting pollution, to taxes on tobacco, we guide society in the direction we desire. Society becomes off kilter when the restrictions become too onerous and begin to impede the rights we possess.

In practical terms, the MBTA communities law was only a piece of a 101-page economic development package passed in January 2021. Contained in it were incentive grants for cities and towns to create dense[r] housing near MBTA facilities. Milton voters didn’t like the level of density proposed for a new development and said “no.” Now they don’t get the grants. That’s how it’s supposed to work.

However, this expression of democracy was frowned upon by those who know better. The reaction was fierce with calls for the state to “do whatever it can” to ensure compliance. If the carrot isn’t big enough, hit em’ with an even larger stick.

Unfortunately, those calling for harsh measures don’t appear to be cognizant of recent historical examples where government-dictated development has backfired. In Kelo vs City of New London, the Supreme Court decided 5-4 that “the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment.”

That case was decided in 2005. The original investors bailed on the project and the property wasn’t developed until 2022.

Parallels should be drawn to our current predicament. This law was passed in January 2021, well before any of us realized the force remote work would become in subsequent years after Covid. Now countless articles flood the business pages about empty office space and the “urban doom loop” it could create for metropolitan areas.

Forcing communities to build dense housing centered around a transportation mode that is breaking down regularly and nearing obsolescence for many is unwise to say the least. It’s doubtful that anyone calling for the public flogging of Milton voters considered this. They should.

Massachusetts needs more housing and building more housing will alleviate the crunch we are experiencing. But it should happen organically, with the consent of the citizens most directly affected by the decision-making process.

Gov. Charlie Baker was right to sign the economic development law freeing up zoning restrictions that enable more construction. Gov. Maura Healey should revisit the original concerns that echo the case laid out above and work to amend the MBTA communities section so it better reflects the reality of voters’ wishes.

Jeff Semon is a former Republican candidate for Congress, local political analyst, technology project manager, logistics chief operating officer, and host of the RINO podcast.