What part of the Constitution is violated by zoning laws?

I have heard of laws that prevent the construction of structures that shade other properties (skyscrapers) or block views of the ocean. If those are apparently legal, why not a law that says you can't build a big apartment complex that would greatly increase traffic, for example?

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Schiendelman 3 hours ago | parent [-]

See the Village of Euclid v Ambler Realty case, which is what I'm referencing in my long comment. A federal appeals court found that those restrictions were racially motivated and cause racial segregation, which is unconstitutional (and we've studied this to death since to confirm it). The Supreme Court, nine white guys... ignored that finding when overturning the appellate court decision.

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apparent 2 hours ago | parent [-]

> The Supreme Court, nine white guys... ignored that finding when overturning the appellate court decision.

Higher courts are allowed to overturn lower courts. That's kind of the whole point of the hierarchy.

But regardless, that case was from 100 years ago. Are you saying that the reason people enact zoning laws now is the same? I love living in a suburb and would be equally displeased whether my neighborhood turned into apt complexes, regardless of the complexion of the residents.

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Schiendelman an hour ago | parent [-]

Of course you would. That's why it sticks around, because you get regulatory capture. It's the same reason we don't let a CEO write the rules for regulating their own company's competition. That's another more modern reason why it is unconstitutional, it just hasn't been challenged.

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apparent an hour ago | parent [-]

Perhaps I have a different understanding of "regulatory capture" than you do. To me, it means that the regulators are captured by the entities they are supposed to be regulating. It often happens when the main job prospects for people in an industry are either as regulators or in industry. If an oil company offers jobs to policy maker whose boss gets voted out of Congress, they can "capture" the regulators, who won't want to kill their golden ticket.

I'm unclear how this applies to zoning rules voted on by the people who live in an area. There is not an intermediary "zoning regulator" who is capturing anyone. Similarly, there is not a constituency that is being "captured" inappropriately. It is literally just a group of people deciding how they want to live.

If this is regulatory capture, then so is having laws against automatic weapons and speeding.

	▲	Schiendelman an hour ago \| parent [-]
		The harms potentially caused by shooting someone or hitting them with your car at high speed are not the same as someone building something next to you that you find aesthetically displeasing. Can I ask you to step back and think about the fact that you just made that comparison?