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Is zoning purely the domain of local governments? I don't see how we can realistically tackle climate change without a serious push to build extremely energy ef
by onepointsixC 6y ago
Is zoning purely the domain of local governments? I don't see how we can realistically tackle climate change without a serious push to build extremely energy efficient high density housing. But sadly it seems that would have a snowball chance in hell in many areas with NIMBYism.
Would the Federal gov be able to do something about that?
- clairity 6y agono, again, the state is the canonical unit of government in the united states of america. states can delegate zoning to localities, termed "local control", but it can also revoke it and madate zoning (or not) at a state level. the federal government is not an umbrella organization, but rather an interstitial one with limited, delegated powers from the collective states. the feds can regulate pollution generally because it's an interstate (and global) concern, but can't reach into states to coerce zoning directly.
- throwawaysea 6y agoIt can certainly do so if Congress passes laws to give it that power, as long as it isn't unconstitutional. And that constitutionality can also be changed through amendments. Similarly within states, the power given to the state can be modified over time. I'm not sure that the states are the "canonical" model as much as the principle that America tries to provide locality of decision making as much as possible, so that people can live how they want based on their own local values, culture, etc.
- clairity 6y agono, it can’t. congress could try but it would be quickly challenged and ultimately found unconstitutional. states are the canonical units of government by design. an amendment might work in limited ways, but that’s also a much harder road (e.g., equal rights act).