Liberty Over Local Contol

The fight of local governments against restrictions imposed by the State on their ability to raise property taxes will be central in the upcoming Texas legislative session. A key principal to remember is "liberty trumps local control" every time as expressed by Matt Rinaldi who so eloquently wrote in a 2015 oped. Here are key excerpts:

Local control is an important governing principle, but liberty is a more important governing principle. When the two are in conflict, liberty trumps local control. The importance of local control is obvious. As President Ronald Reagan said, the "government is best which remains closest to the people." 

Local governments are far superior to state governments in their ability to communicate with, aggregate feedback from and respond to issues raised by local constituents in areas like public education, zoning, fire codes and traffic regulations. State micromanagement of these areas is unnecessary and more likely to be out of line with local needs.

However, while local government is often best at implementing policy, it poses a bigger risk of enacting laws that infringe on individual rights. James Madison first warned us of this threat in the Federalist No. 10, penned in 1787. Smaller voter bases and donor pools mean local elections are more susceptible than statewide elections to be affected by a single special interest group. Less voter engagement in local races means local government infringements on liberty are less likely to be identified and held in check. It is the responsibility of the Legislature to correct these instances of local government overreach.

The superiority of liberty over local control as a governing principle is nothing new. It is firmly established in our nation’s history and enshrined in our founding documents, most notably in the 14th Amendment to the U.S. Constitution.