After sending out my 29 tweets on local control, which were all theory, I sent out these 14 specific implications of coming to understand that local control is a false doctrine:
That was all theory. Now, implications (1/14) #txlege
The state can limit the ability of municipalities to tax, including property taxes and sales taxes (2/14) #txlege
The state can limit the ability of municipalities to establish protected classes and so-called “non-discrimination” ordinances. (3/14) #txlege
The state can limit municipalities from passing plastic bag bans and tree ordinances (4/14) #txlege
I'm working on a paper in which I lay out all my arguments against the idea that local control is some kind of sacred government principle, and that states have no right to pre-empt local governments from doing pretty much whatever they want to do.
I had hoped to have the paper done before the start of Texas' special legislative session, but I had hoped to have it finished before the start of Texas' regular legislative session back in January, too, and that didn't happen either.
So I decided to post some of the most important points last night in a series of Twitter posts. But since Twitter must be the stupidest platform for lengthy, organized arguments, I'm posting them here in this blog as well.
This post contains the 29 tweets that lay out the general argument. In a second post I'll list the 14 additional tweets that lay out some implications of the argument.
1. [begin local control rant] #txlege
I've just received a copy of the lawsuit from the State of Tennessee against the Federal Communications Commission (FCC) for the FCC's order that attempts to overturn laws passed in states regulating municipal broadband networks in those states.
The argument is pretty clear and straightforward, as indeed I think it is. This is a most blatant violation of federalism. There is no constitutional grounds for a federal regulator to think it can overturn laws passed by the duly elected legislatures of the states.
In the Order, the FCC preempts Tennessee law pertaining to the operation of municipal electric plants, including the Electric Power Board of Chattanooga, an instrumentality of the City of Chattanooga, created and controlled by the State of Tennessee. In doing so, the FCC has unlawfully inserted itself between the State of Tennessee and the State's own political subdivisions. The State of Tennessee, as a sovereign and a party to the proceeding below, is aggrieved and seeks relief on the grounds that the Order 1) is contrary to the United States Constitution; 2) is in excess of the Commission's authority; 3) is arbitary, capricious and an abuse of discretion within the meaning of the Administrative Procedures Act; and 4) is otherwise contrary to law. . . . Accordingly, the State of Tennessee respectfully requests that this Court hold unlawful, vacate, enjoin, and set aside the Order, and provide such additional relief as may be appropriate.
Total Records: 3