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The Constitution doesn't mention painting your fence white, but it would still be unconstitutional for specifically the federal government to pass a law banning
by MichaelBurge 10y ago
The Constitution doesn't mention painting your fence white, but it would still be unconstitutional for specifically the federal government to pass a law banning white fences. That power is usually left to the local city.
The state, county, or city could pass an EITC program, of course.
- Johnny555 10y agoI would think that a "No white fences" law would be unconstitutional no matter what division of government passes it (whether federal, state, or local). Unless there was some pressing public safety need (i.e. "White fences are a breeding ground for the white-fence-virus") I don't think any such law would stand up to a constitutional challenge under the same freedom of expression challenges that protect art from government censorship.
- MichaelBurge 10y agoI would think so too, but I hear some really bad stories about trying to get anything developed in San Francisco, and zoning law in general seems much more developed than is stictly necessary to ensure safety. Replace 'white fences' with 'zoning law', I guess.