3 ms·
Zoning is interstate commerce since in aggregate it has an effect on interstate commerce (Wickard v Filburn). Feds could ban or reform zoning just as they can
by beaglesss 2y ago
Zoning is interstate commerce since in aggregate it has an effect on interstate commerce (Wickard v Filburn).
Feds could ban or reform zoning just as they can ban me from growing and smoking a marijuana plant that never leaves my property nor enters commerce.
- AnimalMuppet 2y agoYuck. But it might work. I'd prefer something that is somewhat less of a perversion of the Constitution, though. Find some other grounds on which zoning is unconstitutional. (The advantage of that is that governments aren't allowed to do what's unconstitutional, whether or not the federal government has the right to overrule local law. Like, zoning might be considered a "taking". The government has taken from me the right to build a skyscraper on this piece of land, so they have to make "just compensation" - they have to pay me the difference between what the land is worth now and what it would have been worth if I could build the skyscraper on it. Making zoning that expensive could make it impossible for local governments to do it.
- beaglesss 2y agoThe government is far more likely to go along with a ruling expanding central power than reducing overall power IMO.