MCViewPoint

Opinion from a Libertarian ViewPoint

Posts Tagged ‘Localism’

Biden Wants To Seize Control of Local Land-Use Regulations | Mises Wire

Posted by M. C. on June 20, 2021

In our case, it is certainly true that government regulations have increased costs and limited the supply of housing. That’s not the issue. The issue is that faraway governments will predictably be even less responsive to local demands in different neighborhoods. Incidentally, it would be remiss not to mention that most who would involve the state and federal governments in local zoning are conspicuously silent on monetary policy. Yet, an inflationary monetary policy is one of the major obstacles to affordable housing.

The real problem here is progressives want to dictate how you live. Those using climate as the excuse to control they want to keep you out of the suburbs and countryside and in high density urban caves. Small farms, especially methane producing dairy and cattle farms will also be out.

It is all about (population) control. As I have said before, Isaac Asimov’s “Caves of Steel” will give you a preview of life may well be like for your children and grand children.

https://mises.org/wire/biden-wants-seize-control-local-land-use-regulations

Matt Ray

In recent years, there’s been a push to move zoning decisions further from the local level. In 2019, Oregon passed House Bill 2001, making it the first statewide law to abolish single-family zoning in many areas. By expanding the state government’s jurisdiction to include zoning decisions previously handled by local agencies, the law entails an alarming centralization of state power. This was quickly followed by the introduction of similar bills in Virginia, Washington, Minnesota, and North Carolina. Now President Biden is attempting to increase federal influence over local zoning.

Included in Biden’s American Jobs Plan is a proposal that would award grants to jurisdictions that move to eliminate single-family zoning and other land-use policies the administration deems harmful. Biden’s plan has been widely opposed by conservatives and libertarians alike, but some libertarians view this zoning proposal as the plan’s silver lining. These libertarians hope federal incentives will remove government obstacles to affordable housing. To be sure, government regulations at every level increase costs and violate property rights. However, political centralization will not reduce government. To the contrary, centralization must be understood as an expansion and concentration of state power. Instead of furthering property rights, centralization will promote a one-size-fits-all approach regardless of homeowner preferences.

At this point, some may object that unlike the laws introduced at the state level, Biden’s proposal could be resisted by simply refusing the grants. Indeed, a White House Official describes Biden’s approach to zoning as “purely carrot, no stick.” However, this offers little reassurance. Experience has shown that governments cannot be relied upon to refuse funding, and as Murray Rothbard points out, “[G]overnment subsidy inevitably brings government control.” Once the public becomes accustomed to the federal standards and local governments become dependent on the federal money, there’s little to stop them from accepting those same standards as laws. We need only look at education to see where federal subsidies can lead.

The zoning issue is instructive, because it demonstrates both how the federal government can seize control of local functions through the back door, and how a move from the local to state level can lead to further centralization. Given that centralization moves decisions further from individual property owners and ultimately in the direction of supranational government, federal control of zoning is the logical next step. Decentralization, by contrast, would be a step toward self-determination.

One of the more common arguments against local control holds that zoning cannot be left to localities because local zoning is often exclusionary. But this position is completely untenable. If a property owner finds his control over his own property limited by zoning ordinances, then his opposition is justified, because the ordinances violate his property rights. However, opposition to zoning cannot be justified simply because it’s exclusionary. After all, private property is inherently exclusionary. Hence, if zoning is opposed on the grounds that it’s exclusionary, then the concept of private property can be opposed on the same grounds. Moreover, if all neighborhoods were completely private, we could expect some neighborhoods to be more exclusive than is presently the case. Rothbard explains,

With every locale and neighborhood owned by private firms, corporations, or contractual communities, true diversity would reign, in accordance with the preferences of each community. Some neighborhoods would be ethnically or economically diverse, while others would be ethnically or economically homogeneous. Some localities would permit pornography or prostitution or drugs or abortions, others would prohibit any or all of them. The prohibitions would not be state imposed, but would simply be requirements for residence or use of some person’s or community’s land area. While statists who have the itch to impose their values on everyone else would be disappointed, every group or interest would at least have the satisfaction of living in neighborhoods of people who share its values and preferences. While neighborhood ownership would not provide Utopia or a panacea for all conflict, it would at least provide a “second-best” solution that most people might be willing to live with.

As we have seen, neighborhoods would be as exclusive or inclusive as property owners wish them to be if all neighborhoods were privately owned. Some would only allow single-family homes while others would permit duplexes and multifamily homes. It should therefore be clear that a uniform zoning code cannot represent the wishes of property owners in different locales.

In distinct contrast, one of the benefits of localism is that the wishes of property owners tend to be better represented at the local level. Astonishingly, the ostensibly libertarian Reason magazine uses this same point to argue in favor of moving zoning decisions to the state level. They approvingly quote Emily Hamilton of the Mercatus Center arguing that local policymakers are too beholden to local property owners.

Yet, localism is the better strategy here, because local regulations are more easily avoided than state regulations. If a local government’s regulations prove too onerous, it risks the loss of its most productive citizens to the next city or town. However, as a state expands the territory under its control, it becomes more difficult for citizens to escape its jurisdiction. Thus, there’s less reason for a large, centralized state to refrain from imposing such regulations.

Opposition to any and all centralization is particularly important when the centralizing measure sounds superficially appealing. This could be a supposed deregulation measure, or to use Hans-Hermann Hoppe’s examples,

It would be anti-libertarian, for instance, to appeal to the United Nations to order the breakup of a taxi-monopoly in Houston, or to the US government to order Utah to abolish its state-certification requirement for teachers, because in doing so one would have illegitimately granted these state agencies jurisdiction over property that they plainly do not own (but others do): not only Houston or Utah, but every city in the world and every state in the United States.

In our case, it is certainly true that government regulations have increased costs and limited the supply of housing. That’s not the issue. The issue is that faraway governments will predictably be even less responsive to local demands in different neighborhoods. Incidentally, it would be remiss not to mention that most who would involve the state and federal governments in local zoning are conspicuously silent on monetary policy. Yet, an inflationary monetary policy is one of the major obstacles to affordable housing.

Make no mistake: the power libertarian centralists would grant the federal government in the name of deregulation would be used in service of the broader egalitarian project. Indeed, under Biden, HUD (the Department of Housing and Urban Development) has already moved to restore an Obama-era rule which previous housing secretary Ben Carson warned would essentially turn HUD into a national zoning board. Not surprisingly, this is being sold as an attempt to reduce “racial segregation.”

Empowering state legislatures—or worse, the federal government—to abolish local regulations would be a grave mistake. Rather than limiting government, centralization under any pretext will only add new layers of government. We must therefore resist all assaults on local self-government by more distant governments and combat government regulations at the location they occur. Otherwise, distant administrators will continue to seize power and local control will become increasingly trivial. Author:

Matt Ray

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New York: The Corona Crisis Shows the Benefits of Localism Yet Again | Mises Wire

Posted by M. C. on June 6, 2020

https://mises.org/wire/new-york-corona-crisis-shows-benefits-localism-yet-again?utm_source=Mises+Institute+Subscriptions&utm_campaign=afebb2e785-EMAIL_CAMPAIGN_9_21_2018_9_59_COPY_01&utm_medium=email&utm_term=0_8b52b2e1c0-afebb2e785-228343965

One unintended effect of the COVID-19 pandemic has been to highlight the state’s ineptitude in dealing with pandemics. Specifically, it shows the dramatic consequences that one-size-fits-all measures have for areas whose specific needs are not properly addressed by the approach or where the problems being addressed are not present. Federal government health officials have warned that states are “opening too early” from the lockdowns suggested by the Centers for Disease Control and Prevention (CDC). Yet states like Florida and Georgia have recently opened back up and removed their blanket lockdowns, but COVID-19 cases have (at least so far) not surged. Florida has instead opted to allow local communities to decide how to move forward, with denser, more affected areas like Miami continuing with safety precautions.

The willingness of states and local communities to open up, regardless of what federal government officials proclaim, shows us the benefits of localism. It has allowed for less hard-hit areas to adopt policies more similar to those of Sweden, which has been praised by the World Health Organization (WHO) for its long-term thinking, and which now serves as the de facto model for many jurisdictions. The localist strategy, though, is one that can be praised on other grounds. The adoption of a more localist mindset allows political jurisdictions that have a relatively low number of COVID-19 cases to avoid harsh lockdowns that have ended many small businesses and are threatening many more.

In the US, the contrast is not only between the federal and state governments, but also between the state and local governments. Several local governments have sued state governments over their blanket lockdowns. The urban-rural distinction has been made quite apparent by this dichotomy. Even in the most populous states, COVID-19 cases have often been concentrated in urban areas and their surroundings.

This problem is highlighted better than anywhere else in the state of New York. As of May 18, New York continues to be number one in cases, at 347,936 cases and 28,168 deaths. Downstate (the city and surrounding counties) represents 59 percent of coronavirus cases, while nearly all remaining cases are represented by Upstate New York’s few urban areas like Buffalo and Albany.

Despite this clear distinction in population density, cases, deaths, and the overall risk of opening, all of New York had been subject to the same policies as the city until recently. Governor Cuomo has set guidelines to allow New York counties to reopen. Meanwhile, New York has been splitting into regional councils to determine whether a certain area qualifies to reopen. Regions permitted to reopen have been central New York, the Finger Lakes, Mohawk Valley, North Country, Southern Tier, and Western New York, with Capital Region expected to reach the requirements to open up soon.

Compounding criticisms of Governor Cuomo’s handling of the pandemic and the more localist approach’s display of efficiency reminds us of a debate that had been occurring even before the pandemic, namely, splitting New York State between upstate and downstate. Although many proposals to do this have surfaced and failed in New York’s history, recent events may rekindle the conversation.

Talk of secession over COVID-19 will not be exclusive to New York State, however. Talk of secession was already floating around American discourse before the pandemic, not only at the state level, but on a local level relative to state governments as well. After battles over gun control in the Virginia legislature, some counties threatened to not enforce such measures and even split from the state. In highlighting this contrast between the federal, state, and local governments’ values and ways of administering their power, COVID-19 could become the crux of another nationwide conversation on the partitioning and even secession of states, especially since governments’ handling of the pandemic has further deepened the divide between urban and rural populations.

Although it is uncertain whether this will be a consequence of the current pandemic, what is certain is that localism has gained much legitimacy. Only time will tell whether the embrace of such attitudes will outlast the pandemic or fade away.

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Forget “States’ Rights” — States Are Too Big, Too | Mises Wire

Posted by M. C. on May 4, 2019

Many of these efforts have little to do with gun control, but there is nothing special about gun rights and its relationship with decentralization. This same strategy can likely be replicated with other issues such as business regulation, taxation, and drug law enforcement…

https://mises.org/wire/forget-states-rights-%E2%80%94-states-are-too-big-too

As Justin Murray wrote last month, Washington was one of the first few states to spark a sheriff’s revolt against gun control. Now, sheriffs in other states have followed suit by refusing to enforce state gun control. At first glance, this appears to be a national nullification movement in the making.

These moves were in response to I-1639, Washington’s voter-approved measure which enacted background checks, raised the age to buy semi-automatic rifles to 21, established a 10-day waiting period for semi-automatic rifle purchases and mandated gun owners follow state guidelines for storage.

Instead of waiting for the Supreme Court to save them or making a futile attempt to lobby the Washington legislature, counties in rural Washington are taking things into their own hands. Additionally, certain activists are floating the idea of creating the new state of “ Liberty ” by splitting the state in two. Other counties in Colorado, Illinois, Maryland, and New Mexico, have followed suit with their own pro-gun resolutions.

Is Nullification the Way to Go?

Before President Trump was elected, there was a ton of hype behind his presidency being potentially the most pro-gun ever . Establishment gun lobbies were already talking about the prospect of licensed carry reciprocity at the national level and a potential de-regulation of firearms accessories, like suppressors .

Presently, the Trump administration has been a disappointment on guns so far. Some of the largest gun control measures since the Brady Act — Fix NICS and the Justice Department’s bump stock ban — were passed under a supposedly “pro-gun” president’s watch. Further, Trump’s Bureau of Alcohol, Tobacco, Firearms and Explosives has topped the Obama administration’s war on private guns. So much for a “pro-gun” presidency.

Especially after the failure to pass a misguided national reciprocity bill, gun owners in anti-gun states are starting to recognize that the neither their state or federal governments are going to save them.

Why There’s Something to Fighting Gun Control Locally

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