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Showing posts with label Subsidiarity. Show all posts
Showing posts with label Subsidiarity. Show all posts

Sunday, April 10, 2022

Hoping to Take Home Rule Seriously

Many Kansas Republicans likely guffawed in disbelief when Governor Laura Kelly recently insisted "I am a major local-control advocate" and that she was opposed to "usurping" the power of local governments. The stereotype of Democrats as always favoring centralized government programs, with Republicans always fighting to keep government small and local, is deeply entrenched in our national political discourse, and it's an image which the Kansas Republican party fully intends to make use of this election year. The language of the state GOP, which dominated much of the spring legislative special session, presents Kelly’s emergency orders during the pandemic as examples of one-size-fits-all overreach, thus building on this stereotype expertly.

The truth, of course, as always, is more complex. And here in Kansas, that complexity--the product of trends in platform development and political socialization rooted in constitutional disputes over federal versus state power going back to the civil rights movement and before--is inextricable from the fact that the localities which the "small government" rhetoric of Kansas Republicans seems most often focused upon are the spacious, rural, and increasingly empty ones which cover most of the state's territory. Whereas to allow the local governments of Kansas’s few growing cities and urban areas to take care of themselves, by contrast, is often seen as a threat. When Kansas Senator John Doll (R-Garden City) recently commented “I think we [in the legislature] just do so many things to curb the power of the municipal,” his frustration was justified.

This session included two major examples of this dynamic. First, a bill to prevent Kansas cities and counties from banning, limiting, or even taxing plastic bags. This bill, which doesn't quite have enough support in the legislature to overturn a veto by Governor Kelly, emerged mostly in reaction to, not any actual local regulations, but rather just the successful environmental activism here in Wichita which led to the creation of a task force to explore and make recommendations regarding such regulations. Second, a bill to prevent Kansas cities and counties from issuing municipal IDs to undocumented residents so as to provide them with some protection from federal immigration enforcement. This bill, which does appear to have enough support to overcome an executive veto, and which rushed through the Kansas Senate with barely any debate at the urging of Attorney General (and all-but-officially the Republican candidate for governor this November) Derek Schmidt, emerged mostly in response to the passage of a local ordinance in Wyandotte County, which itself was the result of five years of conversations and negotiations driven by concerns over the public health and safety needs of many of the county's diverse, long-time, yet often unregistered residents. With both bills sitting on Governor Kelly's desk she thus finds herself in the position of potentially being able to use her veto pen to defend of local democracy, at least a little bit.

(Also, it's worth noting that these two examples are not alone, though they are the most prominent. There was also a bill, which the governor allowed to become law without her signature, that restricts the ability of cities or counties to impose limits upon individual citizens' use of natural gas, a bill which emerged in part when the city of Lawrence committed to switching entirely to green energy by 2035, and there remains a bill in committee that would prevent local government entities, including school districts and college and university boards, from responding to pandemic concerns by imposing mask mandates; that bill has strong support in the Republican caucus, and might yet come up for a vote at any time.)

Now anyone who has spent time watching the patterns of Kansas politics through the frame of the rural/urban divide, and how that plays out in shaping the electoral interests of legislators, can’t find this surprising. Over the past decade and a half, there have been many similar conflicts, with most Republican legislators consistently rebuffing the concerns democratically voiced in Kansas’s (very slowly, but nonetheless surely) liberalizing urban areas. There have been state laws which overturned city efforts to keep their insurance costs low by preserving gun-free zones in municipal buildings, and state decisions which have blocked city efforts to lower or eliminate the criminal penalties attached to medical or recreational marijuana use.

Federalism has always been, and always will be, a messy area of American politics, and extending the subsidiarity idea supposedly implicit to the federal principle further down the ladder, to the municipal level, obliges us to think hard about a host of theoretical, demographic, legal, and socio-economic matters relevant to what we really mean when we talk of "democratic sovereignty." After all, calls for “small government” or “local control” are often more self-interestedly instrumental rather than morally principled, and state legislatures dominated by Democrats don’t necessarily have a better record when it comes to respecting municipal democracy (as Eric Levits notes, "progressives are wont to frame popular democracy as morally sacrosanct even as we carefully guard our preferred exemptions from it"--though he argues, reasonably enough, that such inconsistencies don't reflect a foundational problem with democracy so much as a recognition that, practically speaking the "myriad obstacles" to true popular democracy in the United States require constant work-arounds). Still overall, the "populist" (or, specifically, anti-intellectual elite) character of much contemporary Republican rhetoric, while it does potentially have a localized, small-d democratic aspect to it, so consistently overlaps with a general anti-liberal, anti-urban, and anti-majoritarian position that it's easy to conclude that American conservatism today has, in Alex Pareene's words, "no philosophical commitment to localism," but rather "an instrumental attachment to federalism, and to the state form of subgovernment," because it is "the form best suited to maintain, at the local level, the dominance of the suburban and rural over the urban, and, at the national level, the dominance of geography over people."

Given all of that, why expect the Republican-dominated Kansas legislature, or the mostly Republican Kansas electorate in general to take more seriously sincere efforts by the citizens in Kansas's cities to govern themselves? Partly, perhaps, because Kansas has a literal “Home Rule” provision written into its state constitution, thereby is formally--if not necessarily effectively or coherently, as debates here in Wichita over popular protection of historical buildings demonstrates--committed to recognizing the self-governance of Kansas's towns and cities. Also, perhaps one could hope for some recognition of the value of allowing localities the liberty to govern themselves as many Kansas Republicans have felt driven toward (or have chosen to present themselves as pursuing for partisan reasons) an arguably more pluralistic, libertarian, "pro-choice" line--not regarding abortion, of course, but definitely when it comes to matters of public health and therefore, at least potentially, other policy concerns as well. The link between libertarianism and localism isn't a necessary one, of course, even assuming that either ideological position is rooted in actual beliefs. (The fact that Lawrence passed an ordinance motivated by concerns pretty much identical to Wyandotte’s with no reaction from the legislature--at least not initially--suggests that the Kansas Republican opposition to local urban governance is more a matter of political timing than legal interpretation.) Still, it's something that we left-leaning urban localists (there are some of us!) in this majority Republican state can hope for, at least.

Truthfully, there's probably no chance of Kansas losing its historically rural reputation and character, and the deep attachment to voting Republican which has come along with it, any time in my lifetime. But the fact remains that the state’s continued economic development, given that a revolution in the direction of autarkic agrarianism and anarcho-socialism is highly unlikely, is and will overwhelmingly in the hands of those urban parts of the state where the population is growing and connections to the actually existing nationalized and globalized economies of late capitalism are being maintained. There is just no getting around that plain fact. Hence, the local governments in those places, in particular, need a free (or at least a freerer) hand to respond to the interests and beliefs of their citizens, thereby enabling-- and, in fact, inducing--them to be that much more committed to our shared home. To treat urban Kansans’ efforts on behalf of public health, environmental stewardship, and civic life in the places they live with dismissive inconsistency, whether for sincerely state-centric ideological reasons or (more probably) for self-interested partisan ones, is no way to keep Kansas’s sunflower blooming.

Tuesday, March 09, 2021

Century II, Home Rule, and the Problem (and Appeal) of States Pushing Cities Around

[Cross-posted to Wichita Story]

On Sunday the Wichita Eagle ran two guest editorials--one by me on how state governments push cities around, and one by my friend John Todd on the effort by him and others to get the state to require cities to hold a public referendum before historic buildings like Century II could be torn down. Both essays are essentially about "home rule," though neither ever use that phrase. Let me try to expand on that idea here.

"Home rule" refers to the principle of municipal governments being allowed the ability to fully govern their own residents. Under our constitutional system, the national government and the state governments are assumed to have some degree of sovereignty; no such assumption necessarily holds counties and cities, however. While some have made the democratic argument that any self-identifying and politically recognized community should possess distinct governing authority--a claim with real historical, legal, and philosophical grounding--generally in the United States the opposite has been the case. Counties are understood as administrative arms of the state, and cities, as codified in a principle called "Dillon's Rule," as seen as entirely dependent creations, with "no inherent right of self-government which is beyond the legislative control of the state."

While the legislative record claims that Kansas, after the adoption of the Home Rule Amendment to the state constitution in 1960, has "stood Dillon's Rule on its head," in practice this has clearly not been the case, especially not in recent years. We here in Wichita, the largest stand-alone city in the whole state, know this well. In 2014, the city of Wichita fought in vain a state law overturning local gun control ordinances, thus passing along to cities like our own increased insurance costs as they could no longer legally limit concealed carry in public buildings like courthouses and libraries. The very next year, the state of Kansas sued Wichita to stop from us from following through on a minor local marijuana decriminalization referendum, obliging the city to continue to accept the costs of enforcing invasive drug laws that, on the basis of the referendum, have limited popular support. The tendency of our state government to minimize or outright dismiss local governmental concerns isn't limited to Wichita, of course. For example, the state allows the residents of 101 Kansas counties to choose their own election officials--but when it comes to counties with a significant urban population, such as you see in Kansas City, Overland Park, Topeka, and of course Wichita, the state government insists on making those appointments themselves.

In the jargon of governance, this is often known as "preemption"--the act of a state government taking away options that might be democratically determined by the people who live in and wish to govern themselves locally. It's an issue that is having a bit of moment right now. Governing magazine ran a long piece about how common state preemption of local authority has become over the course of the pandemic, and Strong Towns used it as a basis of their weekly podcast. Of course, the story of the Texas state government going bananas at the prospect of the city of Austin reforming their own police department (which, of course, the city of Austin pays for), has gotten a lot of attention, but don't count Kansas out; as of last month, the Kansas state senate debated a bill that would profoundly limit cities’ ability to explore sustainable energy alternatives to natural gas. It may not go anywhere–but considering the Kansas state government's track record (note how the state is currently considering forcing local counties, to which they gave explicit responsibility of managing and enforcing health restrictions during the pandemic, to bear the total, and devastating, cost of those mandates), I wouldn't be surprised to hear it being sent to governor's desk anyway.

So what do all of these issues pertaining to the limits on the power of local people to govern themselves through municipal or county bodies have to do with the argument over Century II? Because, in that particular case, both sides are, in essence, claiming "home rule" for themselves--though only those opposed to the proposed public referendum requirement are saying so specifically. In fact, Amanda Stanley, a lawyer working for the Kansas League of Municipalities, when arguing against the proposal during a legislative committee hearing in Topeka, called the idea of the state of Kansas requiring that the local populace be allowed to vote one way or another on the fate of historic buildings "the antithesis of home rule." 

That claim does make sense--but only if you set aside the general principle of local, democratic governance, and you think in terms of the institutions which such governance gives rise to. In the case of Wichita, what it has given rise to is a council-manager form of government, with a city manager and a professional staff in control of the details of the city's budget and general policies, and a city council, led (though only formally) by a mayor, which gives approval to and, in certain circumstances, initiates, stops, or gives correction to those policy directions. For those who spoke on behalf of the city in Topeka (including two members of the city council, Republican Bryan Frye and Democrat Brandon Johnson), "home rule" means "rule by the government of the city of Wichita."

Which, of course, we have, for all the reasons listed above, precious little of, whatever the formal proclamations of the Kansas state constitution. It seems reasonable to city leaders, whose hands are already tied in so many ways, to not have the tied any further by yet another state mandate. But this would be a state mandate connected to local democratic action, would it not? Local voters deciding on whether or not a proposal which involves the destruction of a beloved (by some, anyway) old building should go forward--that's not the same as the earlier examples of preemption, is it?

It clearly isn't, and that's part of the problem here: knowing exactly where real democratic empowerment lies. In some ways, those who spoke for the city really tipped their hand in an anti-democratic direction; when they testified in Topeka that the voters of Wichita (or wherever) lack sufficient training or experience “to make rational choices regarding the maintenance of such buildings,” the condescension is so thick you could cut it with a knife. But are they wrong? Not necessarily; part of the whole reason we have a representative systems of government is because it has become accepted as more or less obvious that, when societies (whether we're talking about cities or countries) become large and complex enough, mass democratic politics--government by plebiscite, in other words--becomes a risky project, particularly when complicated and long-term problems demand resolution. Not that direct democratic resolutions will always be wrong; the anti-populist terror most Americans are schooled in regarding the "tyranny of the majority" is too often a tool to make certain that the poor never fundamentally trouble those in power. But nonetheless, the institutions of representative government serve a valuable civic purpose, balancing distinct needs and forcing compromises over contentious issues. Those who take on the difficult, often thankless task for trying to organize, serve, and lead our city through our institutions can't be blamed for seeing public referendums like this as an additional complication of their jobs.

Maybe the problem, then, is their jobs themselves. Because, as I noted above, the institutions of our city government actually do not, for the most part, have the kind of power and responsibility which would enable them to balance distinct needs and force compromises. On the contrary, too often issues are laid out to them by the city staff in ways which foreclose any truly fundamental political arguments over priorities, with the members of the city council, including our mayor, rarely being able to enlist the kind of democratic support for any particular matter facing the city so as to challenge the broad determinations which the city manager's office has already made. What this means, in practice, is that historically in the city of Wichita, the only voices which have regularly tended to emerge so as to influence the direction of city policy are those already friendly to construction, development, the expansion of the city's built environment--the "growth machine," in other words. And after watching our city council either embrace or at least acquiesce to such growth-friendly (though hardly necessarily sustainable) calculations when it came to our baseball stadium, and fearing the same pattern being followed when it comes to the whole Wichita Riverfront, it makes sense for concern citizens of Wichita to want to make an end-run around these institutions, and appeal directly to the state in the name of their (potentially) populist and localist project.

Still, it's a risky proposition. In the aforementioned Strong Towns podcast, Charles Marohn, the founder of Strong Towns, looks at a situation in California today, where you see something comparatively rare--while usually it is Republican-dominated state legislatures preempting cities which tend more Democratic, in California is it a Democratic-dominated state government preempting the options available to cities. In California, a state-wide--but certainly not universal throughout California's cities--consensus about the problems with single-family zoning has emerged. This is an issue dear to ST's heart: privileging single-family zoning artificially imposes a suburban model upon development which is bad for the environment, bad for social and physical health, bad for housing costs, and most of all, very bad for the fiscal liabilities which cities must carry. Every city ought to severely limit single-family zoning! (To its very small but still real credit, the city of Wichita's Places for People plan may at least begin to introduce an escape from these commonly locked-in zoning requirements.)

But if every city in California ought to limit single-family zoning...should the state of California therefore mandate that the cities of California limit single-family zoning? Or since the costs of development, the liabilities of paying for streets and sewers, and, yes, the lure of construction jobs and population growth are all matters particular to cities, should decisions about zoning remain with them? Chuck Marohn admits--beginning at around 11:30 in the podcast--that as much as he's convinced that this is policy is the right one to follow, he's doubtful of the wisdom of states actually preempting local zoning decisions. In his view, the ideal of subsidiarity--of determining the most appropriate level for making decisions, and giving to that level the power and authority to make the decisions accordingly--while lacking in efficiency, is far better for real democratic legitimacy. Hence, rather than appealing to the state, even in the name of something which would enable and empower local democratic concerns, organize politically on the city level, and make the needed changes there. For all the reasons he mentions, I have to say I agree.

And so we come back to the city of Wichita, a city that--almost uniquely among all American cities of its size and situation--maintains a manager-council form of government, with a nominally (but of course not actually) non-partisan and part-time (exhaustively so, as any councilmember will admit) city council that is both too small and too under-staffed to effectively and democratically articulate and represent and fight and compromise over the divided desires of its citizens. Should the efforts of Save Century II, rather than appealing to the already much-abused preemptive proclivities of our state government, be focused on organizing around, campaigning for or against, and otherwise working with and seeking influence over the institutions of Wichita's city government? Yes, they should; that's the best local democracy that we have available. But given the deep structural problems and limitations of our city government as currently constituted (where what ought to be a straightforward discussion of ethics can get derailed by the supposedly horrendous possibility that the mayor has brought "big city politics" into the council!), do I blame them for seeing our city government as a possibly unreliable institution, perhaps incapable of holding to whatever a majority of voters may charge them to do, and instead seeking a state-level run-around? I have to admit: I don't blame them one bit.

Friday, May 29, 2020

The Invaluable Inefficiency of Neighborhoods

[This is a shortened version of my recent Mittelpolitanism post, up on the Strong Towns website.]

The death of suburbia has been predicted many times, and yet suburban development endures. Will the current pandemic finally make the difference? Strong Towns president Chuck Marohn suggested it might a month ago, for two reasons.

First, in the wake of the economic wreckage of COVID-19, governments may just be too broke to handle the fiscal liabilities and infrastructure costs of suburbia—and when those costs are more immediately felt by residents, they'll leave. He pointed out that “the North American development pattern is built with an assumption of permanent affluence”—something that the economic consequences of the current pandemic may finally disabuse many people of.

Second, even if the suburban experiment doesn’t economically collapse, he suggested it may do so because the closures and restrictions necessary to keep people alive have made suburban limitations manifest as never before. "Those of us living in cities can hear the birds instead of car horns,” Chuck wrote. “The air seems cleaner. The city, more human." So we may see a critical mass of people pushing against cities sacrificing their urban neighborhoods for the sake of enabling suburban commuter ease.

Both of these speculations could be countered, of course. In the first case, will the economic devastation of COVID-19 really be sufficiently devastating, and does anyone actually want it to be? Even setting aside the unfortunately enduring appeal of having one's own (heavily subsidized and mortgaged) castle on a cul-de-sac, the suburbs are central to school district competition, socio-economic sorting, and what David Imbroscio has called the logic of "liberal expansionism," the linkage of suburban development with the push for ever-greater regional investment in a city, whether corporate or governmental. With all that in place, isn’t it likely that the means to keep suburban costs steady will somehow be found, absent a truly total economic collapse? (Note the Republican support in Congress for a second round of pandemic-related stimulus, this one focused, predictably, on infrastructure projects which historically have primarily served suburban commuters.)

As for the second case, will the mere experience of a healthier urban environment with fewer cars really lead people to decide against them? That's a change much longed for by anyone who worries about either the environmental health or the cultural strength of where they live—but when you place it against the delight of record low gasoline prices, and rates of infection which make urban density quite reasonably seem as something to fear, I'm not sure how much I would count on it.

During a Eutopia Workshop discussion organized by the good folks at Solidarity Hall, Chuck suggested that, whatever our speculations of a post-suburban future, the pandemic is going to force nearly every American city or town into one of two camps. Cities that take what he labeled "option 1" would be those who dare not contemplate real economic collapse, and thus will instead insist that residents be provided with every economic opportunity for continuing suburban and auto-centric ways of life, no matter what. As for "option 2," that would be the cities which do what is necessary to adapt to the reality of suburban costs in the face of the economic recession we are almost certainly facing—including doing the work to build up those civic strengths which will enable their residents to follow through on what the restrictions we have been operating under have hopefully allowed most of us to recognize.

What might those civic strengths be? In a word, they’re neighborhoods.

Note that “neighborhoods” are not necessarily “communities.” Community feeling and friendships can obviously exist among neighbors, but they don’t have to: what really matters to a neighborhood is proximity. Neighbors, because they live nearby each other, end up creating public spaces that can be mutually shared, and forming (both with and sometimes against one another) routines around and in the midst of those public spaces which bring richness to ordinary patterns of life. As Nancy Rosenblum wrote in her superb book, Good Neighbors: The Democracy of Everyday Life in America, neighbors exemplify “weak ties.” Neighbors regard each other as "decent folk" (or at least aspire to, and commiserate with other decent folk in the neighborhood about those bad neighbors who choose to not so aspire). They show reciprocity, speak out when necessary, but also abide by the rule "live and let live." Hence, the neighborhood is a place conceived in light of at least a degree of pluralism, mobility, and anonymity, with proximity being the essential bond: 

To moral philosophers committed to more demanding expressions of mutual respect or principled toleration, live and let live falls short. To disparage it is a mistake, however...."Weak ties" based on infrequent interactions are...[themselves a] critical resource....[O]rganizations where neighbors develop the capacity for collective action are key...a close cousin to the...rudimentary cooperation in countering people who flaunt reasonable expectations for "for what anyone would do, here" (pp. 113, 139-140).

Understanding the central role in distinguishing between different cities, and especially between different city approaches to dealing with the pandemic crisis, is crucial. In a small community of friends, of people committed to a shared (but more often than not also quite exclusive) faith or ethos or way of life, encouraging people in recognizing that which Chuck pointed out, and supporting one another economically in making the adaptations he suspects may be mostly unavoidable, would presumably go much more smoothly than it likely will in the pluralistic cities which 80% of Americans live in. The Strong Towns aim, as I understand it, is to nudge the urban environments we have to greater sustainability, and thus greater local empowerment, within which a whole host of particular communities can play their organic role. To the extent that we can build up the "weak ties" of our neighborhoods, build up their shared spaces and the trust they inculcate, build up the opportunities they provide for people to see the costs and opportunities of collective life directly, the more likely option 2 will become.

A central part of that building involves the "social infrastructure" that Elias Crim, the director of Solidarity Hall, wrote in his response to Chuck's presentation. He discussed the "traditional economy of cooperation," which has parallels in various distributist, socialist, and communalist institutional forms—none of which are particularly efficient, at least not from a market perspective. They allow for overlapping and conflicting responsibilities, tradition-bound forms of interaction and service, complicated collective decision-making practices, pricing mechanisms and welfare policies that reflect localized information, and more—all of which will make for economic forms which are more resilient when disasters occur, but in the meantime do not maximize efficient results.

What does this have to do with neighborhoods? In a sense, everything—because in many ways, the weak ties of neighborhood associational life and routines are the very definition of "inefficient." Marc Dunkelman, in his book The Vanishing Neighbor: The Transformation of American Community, makes this his central thesis: that the routine, repetitive, inefficient, and overlapping encounters and social constructs which emerge from ordinary proximity with other people form a desperately important “middle ring” of casual trust and mutual support. Quoting Jane Jacobs’s line about neighborhoods being "valuably inefficient," he draws upon the work of Sean Safford to consider two different Rust Best cities—Youngstown, Ohio, and Allentown, Pennsylvania. In the latter, “neighbors attended a variety of different colleges and worked in different mills. They were congregants at different churches and regulars at different bars.....[This] random intersection of individuals from different pockets of society spurred big new ideas—even when they appeared to waste resources. Regions focused too exclusively on efficiency may have been able to produce more with less, but...[faced] an insufficient capacity to adapt to new circumstances" (pp. 171-172, 176).

If the current pandemic demands anything, it is certainly the "capacity to adapt to new circumstances." So as economic suffering and new realizations open up the possibility for a truly post-suburban future, however minimally, with such possibilities confronting all sorts of contrary pressures along the way, a focus on "weak," neighborly ties is crucial, as whatever transition may be in the offing may well depend upon those distinctive civic resources. What should such a focus look like? Much like some of the principles which Strong Towns has laid out in their Local Leader's Toolkit. In particular, for the enriching proximity of neighborhoods to function, the people living there:

*Need to have some basic food and housing security, especially at this time of economic insecurity and pandemic fear; they’re start hoarding, or pillaging, or simply leave otherwise.

*Need open spaces and alternatives for getting around; without them, the assumption that all their interactions should be conducted over a distance via the automobile will seem, whatever else their experiences with stay-at-home orders might be telling them.

*Don’t need invasive regulations interfering with their commercial and residential adaptations; the “live and let live” aspect of effective neighboring is never more important than when families shelter relatives, students, or co-workers during a time of lockdown, or start new businesses from their garages to replace lost income.

*Need, most of all, the cash to address those immediate local needs—the potholes in the street, the lack of bike racks at the grocery store, the vouchers for the bus ride to the farmers market or cross-town hub—which will reward the “decent folk” of a neighborhood for the work they’re doing in their places.

Not every town or city is an Allentown; every place has its unique social architecture. But wherever we live--which means, at present, wherever we are sheltering in place, wondering what comes next, and, quite possibly, relying upon our church and work communities, our family and friends, and our neighbors to get through the day--there are neighborhoods which need our help. Those overlapping, inefficient, weak ties between all of us, living next door or down the block from one another, are important for getting our places to make the beneficial shifts away from suburbia which this terrible pandemic makes possible. We should all find a good place nearby us to start.

The Coronavirus and County Authority

[This is a slightly updated and extended column of mine which ran in The Wichita Eagle on May 14, 2020; I'm late in getting it copied to here.]

Throughout this pandemic, we’ve gotten used to waiting on, listening to, and then either criticizing or thanking our elected leaders much more than usual. The reasons for this are obvious: during a public emergency we all, like it or not, depend upon those with governing authority who impose restrictions, provide support, and make decisions regarding public health.

What many Kansas have discovered, however, is that such authority isn’t always located where they thought it was. A lot of it, in fact, lies in the hands of Kansas’ 105 county commissions, probably the most often overlooked of all the state’s governing institutions.

To be fair, the same can be said for counties all across the United States. It’s common, in the political science literature, for scholars to admit that our knowledge of how county commissions make public decisions is sorely lacking. There’s no good reason for this, of course: County commissions adhere to the same public meeting requirements as other governing bodies. And yet, unlike the contentious fights that occur in city halls or the grandstanding that takes place in state legislatures--to say nothing of the constant attention focused on Washington D.C.--the day-to-day administrative work of counties often goes unnoticed by scholars and the media alike. Until, that is, a pandemic forces commissioners directly into the spotlight.

With few exceptions it is American counties, not cities, which have the ground-level responsibility for collecting data on health, overseeing the distribution of welfare, conducting the electoral business of democracy, and much more. But since county lines were historically drawn by state governments, dividing up their rural space without attention to the urban communities that later grew within them, it’s not unusual for those who seek and win county elections, and the officials they subsequently appoint, to become disconnected from the contentious, pluralistic reality they oversee.

There are, of course, plenty of contrary examples. In Johnson County, Public Health Director Sanmi Areola and his team have fought to communicate clearly across a complicated metropolitan area with many rival jurisdictions, as they have addressed Governor Kelly’s stay-at-home orders. In Shawnee County, the commission has mostly responded to County Health Officer Gianfranco Pezzino concerns positively, even contemplating, in the face of worrisome infection numbers, an unpopular extension of local lock-down orders as he recommends.

Still, examples of the occasional disconnect between Kansas citizens and those who run our counties aren’t hard to find. It’s not just a commissioner in Riley County attributing Manhattan’s low COVID-19 numbers to its lack of Chinese residents or commissioners in Sedgwick County joking about needing to talk more about the pandemic to justify the money they’ve received from the federal government. It’s simply the fact that in counties across Kansas, from Finney to Leavenworth, it has too often been the commissioners themselves criticizing state--or even their own county--health experts, playing to business or suburban communities that appear unaware of or unconcerned about what is happening in the downtown hospitals they depend upon. (It is worth noting that in 103 of Kansas's 105 counties, matters of public health are solely the province of county-level officials; only in Douglas County--with the city of Lawrence--and Cowley County--with the city of Winfield--are public health decisions made by a body that is jointly staffed and supervised by both the county and its primary urban area.)

The very shape of political institutions help form the beliefs of those who work within them. Consequently, as Kansas attempts to rebuild a new normal beyond the pandemic, thinking more seriously about home rule and the way cities, counties, and the state share governing authority should be near the top of every elected official’s list.

Monday, November 12, 2018

What Kind of Democracy Do Localists Want?

[Cross-posted to Front Porch Republic]

Last week the United States went through another one of our regular, mostly ritualized exercises in mass democracy. What did (or should) localists think of it all? I don't simply mean those who, wonderfully, maintain a robust connection to their local community and at least some degree of involvement in local affairs; I mean those who do all that and who intellectually situate their local action within a broader political or social scheme. So, in other words--what did philosophical localists think of the 2018 midterm elections, or any elections in our kludgey mass democracy, for that matter? Is there a localist opinion about democracy at all? And if so, what is it?

I find myself thinking about this particularly because of the Front Porch Republic conference I attended a month and a half ago. The focus of the conference was the legacy of 1968, that monumental year a half-century ago. There were multiple excellent presentations--both funny and thoughtful--given there about the nature and consequences of the changes and crises which that year visited upon the United States. And yet, through it all, through discussions of race and gender and politics and war, I felt there was something missing. The formidable Bill Kauffman articulated it for me, though only indirectly, by way of a brief snark about Tom Hayden during his presentation. An entire day of talking about 1968, with almost no mention of all the democratic activism, party controversies, and electoral anger which shaped the civic atmosphere within which the dramatic events of that year played out, and with only one joking reference to the famed author of the Port Huron Statement (or, if you prefer, the "compromised second draft"), one of the essential texts of 1960s student radicalism and participatory democracy, to boot? That seemed...odd. Race riots, the evolution of the welfare state, clashes between police and demonstrators, assassinations, changes in sexual habits, reflections on the Vietnam War--localists can say something about, and learn something about, all of those, as the conference amply demonstrated. But can they--can we, since I was right there, with my own localist sympathies on display--say something, and learn something, about democracy itself?

The key problem, obviously, is what is meant by "democracy." Search for that word on the Front Porch Republic website, and you'll get links to dozens of articles, going back many years, consisting of dozens of different takes on dozens of different aspects of the idea. So looking for some clarity is imperative.

Localism in the Mass Age: A Front Porch Republic Manifesto is a wonderful collection, though (appropriately enough!) it has some real limits as far as the "manifesto" part of its title goes. Pick up this terrific collection of essays, and you'll find multiple beautiful, insightful, challenging snapshots, taken from a localist perspective, of our present condition. But only a few of those snapshots include any comment at all about "democracy" as either a governing system or a political ideal, and only one--Jeff Polet's excellent "Federalism, Anti-Federalism, and the View from the Front Porch"--provides any real analysis. Polet's basic perspective, and it's one that appears shared by most of the other scattered comments in the book, is resolutely Tocquevillian: that is, it expresses the fear that democracy--government by the people--cannot, in itself, provide much by way of resistance to homogenizing economies and centralizing governments which would undermine the practices upon which democratic self-government depends. Democracy alone, the argument goes, provides no resistance to people thinking about their condition individualistically and materialistically, such thinking invariably invites market economies--and market regulations--which undermine real democratic premises.

In the U.S., Polet sees as having developed under the reign of what he calls "egalitarian democracy," which in his view presumes a system of government that takes boundless individual equality as its starting point. From that beginning, as Tocqueville argued, individual comparisons to and resentments towards others are enabled, leading to the drive felt by most individuals to forever improve themselves, which in turn leads to endless demands for economic growth and (eventually) regulatory expansion, both of which undermine "the preservation of individuals in their self-sufficient liberty" (pp. 54-55). The democratic impulse, then, at least when not constrained and contextualized by being "enmeshed in distinctive local communities," will only encourage retreat from the social sphere, eroding "our capacity to love what is nearest and most particular," and creating "disconnected citizens who relate primarily by means of tolerance or cash relations" (pp. 55-56). Sadly, the massive, intricate, yet also crudely partisan and more often than not thoroughly nationalized political debates of the just-completed midterm elections don't immediately suggest any reason for localists to dissent from Polet's diagnosis.

Polet's Tocquevillian analysis is reflected, and refined, within the new book by Patrick Deneen (one of the founding fathers of Front Porch Republic), Why Liberalism Failed. Deneen's sometimes superb (because of its smart, carefully written synthesis of so many anti-liberal arguments) and sometimes frustrating (because that synthesis is too often simplistic and incomplete) book makes the claim that the localist concern with democracy expressed by Polet and others is, in his view at least, best expressed as a concern with liberal democracy. As he put it:

Liberalism...adjectively coexists with the noun "democracy," apparently giving pride of place to the more ancient regime form in which the people rule. However, the oft-used phrase achieves something rather different from its apparent meaning: the adjective not only modifies 'democracy' but proposes a redefinition of the ancient regime into its effective opposite, to one in which the people do not rule but are instead satisfied with the material and martial benefits of living in a liberal res idiotica....[T]he true genius of liberalism was to subtly but persistently shape and educate the citizenry to equate "democracy" with the ideal of self-made and self-making individuals...while accepting the patina of political democracy shrouding a powerful and distant government whose deeper legitimacy arises from enlarging the opportunities and experience of expressive individualism. As long as liberal democracy expands the "empire of liberty," mainly in the form of expansive rights, power, and wealth, the actual absence of active democratic self-rule is not only acceptable but a desired end" (pp. 154-155).

There are several interesting implications here, perhaps the most important of which is that localists presumably ought to have an affection for that "ancient," more communitarian or republican forms of democracy which are "illiberal," as Deneen puts it elsewhere in his book. Relying on Tocqueville yet again, Deneen locates "democracy properly understood" with the Puritans, and their legacy of small, mostly homogeneous, religiously oriented towns practicing direct, collective self-rule. "Democracy required the abridgment of the desires and preferences of the individual, particularly in light of an awareness of a common good that could become discernible only through ongoing interactions with fellow citizens...Democracy, in [Tocqueville's] view, was defined not by rights to voting either exercised or eschewed but by the ongoing discussion and disputation and practices of self-rule in particular places over a long period of time" (pp. 175-176). People who have been shaped by and/or long for the virtues of localism ought to want to be part of the maintenance and governance of such; hence, local democracy ought to be a goal, and localists ought not be deluded into thinking that the expansive (and therefore often alienating) operations of contemporary mass, electoral, liberal democracy can do the trick.

But is that an argument to refuse to participate in the democratic system America currently has? Or a call for localists to engage in it, and by so doing strive to reform and re-vivify it? Deneen, unfortunately, basically passes over the whole range of historical and philosophical arguments dealing with populist or participatory democracy. He does acknowledge that "progressive liberals" have, over the past 100 years, taken many steps which have enabled "more direct forms of democratic governance," but since those same reforms have been attended by a professionalization of the policy-making process, he thinks the result has actually been a limiting of democracy to "the expression of preferences," which, unlike actual, practical governing work, can be easily abstracted, commodified, and marketed to (pp. 159-160). The fear that democratic reforms aiming at increasing participation only end up increasing the influence of elite experts is, admittedly, one reason to be suspicious of any talk about civic empowerment which doesn't involve a wholesale rejection of liberalism. And yet, it's hardly the case that "elites" are absent from "ancient" or "illiberal" forms of democracy either. On the contrary, they are recognized explicitly as playing a needed role. Polet writes that the corruption of American democracy could only have happened once "authority was dislocated" in "religion, economics, family life [and] local life" (p, 58) and Deneen worries that always working to forestall "local autocracies or theocracies" in the name of freedom and equality only extends an anti-democratic "liberal hegemony" (pp. 196-197). So what, exactly, are the sorts of elites which philosophical localists who 1) hope to preserve democracy without 2) dismissing everything liberalism and egalitarianism have accomplished (accomplishments that Deneed, Polet, and every other serious localist can't pretend to ignore) need be most afraid of?

Perhaps the elites in question are those connected with cities and the powerful financial and cultural forces which such urban spaces both cultivate and presume? That may seen like a rather peculiar leap, but it is a connection which, once again, Tocqueville explicitly puts on the table: as Polet argues (p. 56), and Deneen and other localists concur, for Tocqueville the great sign of the degeneration of democracy is the rise of "capital cities," metropolises of significant size, all of which are able to command economic and social resources that exacerbate the always-lurking aspirations and resentments of self-interested individuals. To quote the man himself: "In cities men cannot be prevented from concerting together, and from awakening a mutual excitement which prompts sudden and passionate resolutions....To subject the provinces to the metropolis is therefore not only to place the destiny of the empire in the hands of a portion of the community...but to place it in the hands of a populace acting under its own impulses, which must be avoided as dangerous" (Democracy in America, Part 1, Chp. 17).

The key passage there, I think, at least in reference to what seems common among all these localist defenses of "ancient" or "illiberal" democracy, is that the population of cities is "acting under its own impulses"--in contrast, in presumably, to those in smaller communities, whose passions are still subject to community expectations, local traditions, and family roles. Of course, to enjoy the ability to act under one's own impulses has been the attraction of cities for hundreds of millions for thousands of years--the legendary 13th-century German peasant who claimed "Die Stadtluft macht frei!" wasn't a creature shaped by the acquisitiveness and envies of modern market economies, that's for certain. But the fact that cities have always played a central role--whether enriching, parasitic, or both--in our socio-economic and socio-political contexts is hardly an argument against thinking about their democratic costs and consequences. The Republican voters here in very Republican Kansas who, in the wake of an election which put Democrat Laura Kelly in the governor's mansion, look at the election map, note the nine urban (or more urban than their neighbors) counties that gave her a winning plurality, and start muttering about the need for an electoral college for the our state, can perhaps be forgiven, even if they're wrong.

Why am I confident they're wrong? Because there is a reason the peasants (and the people of Trego, Labette, Nemaha, Hamilton, and 92 other rural counties here in Kansas) fled to the local walled city (and to the cities of Sedgwick, Johnson, Douglas, and about six other more urbanized counties in our state), and that reason was, for the most part, entirely unobjectionable, politically speaking. It was, of course, about going to where the economic opportunities are. Unless you simply reject out of hand the very notion of respecting the reasons human beings actually give for their own actions, then the fear of urban temptations systematically poisoning local norms and perspectives has to be accepted as a fiction. That's not to say that there aren't a host of other variables are at work in the matter of urbanization, many of which deserve serious structural critique. But it is, I think, simply wrong to ignore that--to quote John Médaille from his mostly sympathetic FPR review of Deneen's book--while politics may be downstream from culture, culture, itself, is "downstream from breakfast." People need satisfying work, and such work is, tragically, often hard to find outside of cities. If the localist argument for democracy necessitates a push against the dominance of cities, the target should not be the disempowering of urban voters, but rather the disempowering of the global capitalism which rewards financial centers, rather than once-productive farming towns, with the wealth from which economic opportunities are made. (As Médaille also smartly observed, "subsidiarity works two ways"--localists need to attend to the "higher level formations" that allow "the household economy" to flourish in the first place.)

As I noted, none of this is a reason for localists, particularly those wanting to hold onto the pursuit of the virtues of self-government, to become unconcerned boosters of urbanism. One of Deneen's teachers, the famed political theorist Benjamin Barber, became such a booster towards the end of his life, and while his final books (If Mayors Ruled the World and Cool Cities) make some important and challenging arguments about urban sovereignty, environmental politics, and the enduring questions of democratic legitimacy, the romance of "global capital flows," "nodes of cultural transmission," and much more cosmopolitan cant got in the way of a genuinely serious consideration of the social (and, perhaps, democratic) costs of urbanism to Barber's republicanism. Deneen wrote a wonderful survey of Barber's career ("How Swiss Is Ben Barber?" in Strong Democracy in Crisis [2016]) which carefully, and somewhat regretfully, charted Barber's move from his original description and defense of the "local, direct forms of democracy" found in the "pastoral, non-commercial, 'parochial'" cantons of Switzerland in the 1960s, to his articular of "strong democracy" in light of "the unavoidable reality of modernization, capitalism, liberalism, and the nation-state," and finally to his claimed "return to the local," with his emphasis upon urban democracy...though, tellingly, mostly just the democratic potential of elite networks tying together the great, global cities of the world (since they have are characterized by both a sufficiently cosmopolitan population and a sufficiently command over financial resources to supposedly be able to put forward democratically sustainable and actually effective climate change-fighting policies). Deneen succinctly puts forward the fundamental problem here:

Even as [Barber] commends cities as "natural venues for citizen participation," he does not dwell on the relative civic disconnection that not only is a signal feature of many...of the world's cities...but may in fact constitute one of the main attractions for urban dwellers: that is, relative anonymity, "loose connections," and an engrossing concern for private and commercial opportunities....Barber's latest book represents...a "return" to his earliest concerns that link democracy with a strong local connection...but having "translated" that concern in the context of the modern, commercial, cosmopolitan city, it is not clear that he has similarly "translated" the likelihood of democratic flourishing in such a double-edged locus (pp. 109-110).

The doubled-locus in question is one that any localist who values democracy but also values liberal capitalism (or at least does not want to see it abruptly and arbitrarily overthrown) has to struggle with. Urbanites (which is, of course, close to 80% of us in the United States, and over half the planet's population overall) need to be able to, and should be able to seek to, exercise the same opportunities for self-government that all localists hold dear, but that runs against the general anonymity, the disconnected elites, and the abstract, non-embedded cultural priorities which large and diverse cities appear to promote and, to a degree, depend upon. Cities are not, I think, best understood as partaking in some kind of structurally anti-Tocquevillian conspiracy against the possibility of more communitarian forms of democracy, but nonetheless cities are profoundly, even constitutively, liberal in their functioning. And even if that philosophical liberalism doesn't always translate into voting for self-described "liberal" or "progressive" candidates and causes, it does often enough that the divide between the majority of urban voters and the majority of rural voters was one of the clearest and starkest results of the 2018 midterm elections, and not just here in Kansas.

The best research confirms the basic localist suspicion that "people in larger cities are much less likely to contact officials, attend community or organizational meetings...vote in local elections...or be recruited for political activity by neighbors, and are less interested in local affairs." They are not, in short, as consistent incubators of democratic habits as smaller towns may be--very possibly because of all the aforementioned Tocquevillian reasons, especially the depressing dominance of urban politics by deracinated, disconnected elites. But to call for federal and exclusionary structures that would block urban populations from exercising their democratic demands for fair representation is shows, I think, perversely too much attachment to electoral politics in a liberal society. Specifically, instead of thinking about how to change, re-arrange, and therefore renew democratic possibilities within our polities, it reveals a desire to thrust any and all perceived threats to their already-problematic status quo outside of them. (Thankfully, urban voters here in Kansas were essential to defeating a gubernatorial candidate who had built much of his career around attempting just that.) It may well be that the participatory ideas of democratic activists like Hayden never really truly engaged with the way cities can change, and thus quite possibly warp and undermine (or perhaps occasionally even enrich?), democracy; he was once quoted in The New York Times as saying that ending "the alienation from government that is so prevalent in society today...the answer is not busting up a big city into a lot of small cities," and one would hope that, were he alive today, he'd be willing to at least entertain that possibility. But whatever the limitations of democratic activism, their ideas need to be wrestled with by philosophical republicans and localists like Polet and Deneen, confronted as they are by the reality of liberal democracy, with all its flaws, in America today.

In parting, one example of such intellectual engagement: Susannah Black's essay "Port City Confidential," one of the most lyrical and thoughtful contributions in Localism in the Mass Age. Black confronts the problem which cities pose for conservatism--and, by a not-too-strained extension (or so I would argue), the problem they pose for any communitarian, republican, or illiberal articulations of democracy as well. To not figure out how to democratically accept the city--and the kinds of practical education in limits and community connection and place with they provide, to at least some urbanites, in some contexts, some of the time--is to allow one's "hunger for stability" to associate stability solely with "the quasi-mythical stable communities of the past," rather than recognizing that urban life incorporates, instead of an illusionary stability, the higher "New Jerusalem" ideal of "a multiethnic exuberant rejection of all apartheid, a city full of people from all the nations" (p. 217). That sounds very cosmopolitan--but the hope for localists, especially in our 21st-century liberal capitalist world, must be that there remains (via one kind of philosophical or political formulation or another) an actual polis within our globalized, urbanized cosmopolis. Perhaps Barber was not entirely wrong to gesture in that direction--at the very least, the liberal voters and (hopefully) aspiring democratic activists of today's cities might be able to make a better accounting of themselves as part of interdependent, aspirational networks, local and regional and otherwise, rather than as mere contestants for control over the modern liberal state.

Monday, December 26, 2016

After Trump #1: Getting Urbanists and Localists Together

[Cross-posted to Front Porch Republic]

So at the beginning of the month, when I finally got my election reflections out of my system, I concluded by re-iterating what I said back in November: that whoever won the presidency, the localist alternative to national dysfunction and decline will continue to exist as an option to be explored--or, better, as a demand that must be responded to. Since Trump's victory, the truth of that observation has been reflected in cities across the country. Urban centers, by large margins, did not go for Trump, and it's not hard to guess why: besides the fact that cities are, almost by definition, more religiously and racially diverse than rural areas, they are also the self-perpetuating engines of both global finance capitalism and the education meritocracy, both of which are synonymous with the sort of pluralistic, neoliberal system which Clinton, for better or worse, embodied. So it's not surprising that multiple large American cities--or at least multiple agencies, both public and private, within these cities--have called to resist Trump's agenda (particularly as regards immigration), and that there are people are looking seriously at how urban areas could both legally and financially pull off that resistance. Perhaps this is an example what a Front Porch Republic commenter called the left's "strange new respect for localism" (a respect which is much needed, that's for certain!)--but if so, is it a respect that the usual defenders of local government and local economies will support? My suspicion is that they'll need some persuading on that point--and the nature of city governments, and urban cultures generally, are part of the reason. So, as one small effort to try to organize my thoughts about politics in the Trump era, let me see if I can make the case for why urbanism should, and usually does, comport with localism, and thus why urban-sympathetic conservatives and radical and democratic localists, as we all face 2017, have much in common. 

Let's begin with the basic complaint that so many people have with city government--namely, as the old adage about "City Hall" puts it, you can't fight it. The assumption is that you'll have no voice there, no influence, no way to make your case, no way to seek any kind of reasonable compromise: you're just going to be subject to their red tape, their arbitrary rules, and that's the end of it. As someone who actually serves on a public advisory board here in Wichita, KS, I can testify that's not really true--I have, in fact, seen more than a few determined citizens and citizen groups work with government, make city leaders aware of issues, press their case, and come out winning in the end. But I also know that those circumstances stand out because they're unusual. The more usual model is the random citizen, diligently going about their lives, working at their business, doing their job, raising their kids, pursuing their goals--and running smack into some ordinance or rule or law, one they'd never heard of before and couldn't possibly account for. And when they turn to the relevant authority, such accountings are not forthcoming--just an edict to obey. The understandable frustration which this causes is magnified when the source is not the distant capitol, but a group of people just right downtown. So the anger of the restaurant owner dealing with city agencies, the construction company facing zoning regulations, the solitary individual trying to figure out why they're suddenly subject to the costs of their house being included in a re-drawn flood plain district--yes, that really is common enough to give life to the proverb.

But should we allow such proverbs, however unfortunately accurate they may sometimes reflect our all-too-human sensibilities, to guide our thinking? Especially if one takes seriously localist or republican ideas, if one believes that there is a real value in making use of local knowledge or in civic engagement within one's community, the fact that random inhabitants of a particular place may often find themselves flummoxed by the rules which organize said place doesn't seem like a sufficient reason to complain about either the place or the rules themselves. Unless, that is, one's underlying assumption is some variation on Robert Nozick's (or Ron Swanson's?) nightwatchman state, where the general goal is to minimize all government, no matter what it's basis. In which case, since presumably it will usually be some form of local government that one will most often run into--and hence have it called to one's attention and ire--and since over 80% of Americans live in some sort of urban environment, whether city or suburban, its predictable that city governments get the brunt of this libertarian frustration. And as much as we might prefer to think in terms of populist economic sovereignty or democratic subsidiarity, a plain old pseudo-(but not, I think, actual)-Jeffersonian (or Calhounian) defensive libertarian frustration plays a role in much American localism.

Anyone who has really looked at the history of American political thought knows this. Jeff Taylor's massively detailed Politics on a Human Scale: The American Tradition of Decentralism almost never mentions cities (his focus is almost entirely on the constitutional debate throughout American history over the power of the national government versus that of the states), but when it does, they're depicted as sources of a centralizing, regulating tendency, which was essentially the position taken by Thomas Jefferson, William Jennings Bryan, and many others sympathetic to the mostly agrarian, mostly pastoral (and, in practice, states-right-based) yeoman vision of American freedom. As he puts it early on: "Urban areas include their fair share of decentralists and big-city anonymity provides liberty of a sort, but agrarianism remains foundational to the dispersal of power and independence from the state" (p. 6). So if the true aim of liberty is to free the individual from the sort of sovereign restrictions and complications which states impose, one might correctly assume that cities--with their economies based on trade, manufacturing, and other kinds of financial innovation, thus prioritizing a concentration of distinct laboring individuals and commercial interests over the shared maintenance of productive land, all of which results in conflicts over property and privacy, which in turn necessitates that distributive and divisive arrangements be made--will inevitably be a major site of such restrictions, and thus are to be avoided by friends of liberty. The fact that, in the 20th and 21st centuries, those restrictions have at least nominally moved in an egalitarian direction doesn't make things any better, and in fact more than a few traditionalists might say it has made things even worse. All of which means that urbanism can't really be a legitimate expression of localism, right?

Except...wrong. Consider some caveats--first and most obviously, as I've written about before, there is the fact that cities are almost never, in fact, themselves sources of sovereign authority. As such, their authority may be experienced as centralizing and state-like--but it isn't, at least not entirely. It is, rather, based at least in part upon assumptions which are significantly more organic, historical, pragmatic, even anarchic and "appearential," than could possibly be the case in the imagined community of a modern nation-state. State power acts along lines that are justified constitutionally or contractually (or so we hope!), with a--usually, mostly--accepted civic identity and history aligning with the legal validation of its use of coercive power. While the edicts of a city borrow the form of such justifications, they nonetheless function in the lives of those of us who live in them (which is, as noted above, almost all of us) differently. Why? Because an urban context is rarely experienced as a national or state one, or even as a subset of such. Loren King, in his essay "Cities, Subsidiarity, and Federalism," noted that "when we imagine the coherence of a city, and when we identify with that city and our fellow residents, our imagined coherence and identity are grounded in visceral experiences of the elements of the city....the spatial integration typical of cities is not merely dense but multifaceted and often characterized by subtle forms of interdependence, both of which help to establish an imagined coherence, even a widely accepted identify of some sort, to the city as such." In other words, unless is already ideologically committed to the aforementioned libertarian minimalism, it is simply a social fact that the conceptual operation of urban organization and centralization is different from that of the state. You actually can go to city hall, it is a place that can actually be entered, and city council meetings are contexts where people can actually speak and (at least in theory) be heard--whereas Congress allows no such option to those who visit it, and is on solid constitutional ground in doing so.

The experience of urban interdependence and identification clearly is of a particular sort. Usually involving a degree of anonymity (which Taylor allowed was a not insignificant aspect of personal liberty), often not involving a deeply shared cultural frame of reference, urban interdependence instead fosters a kind of "cosmopolitan ethos." Now that very idea, if you take seriously the observation that an ethos can only be developed by a defined people who express and practice it, and that a defined people--a polis--necessarily have to be possessed of a place, may seem incoherent, not to mention in tension with what I just wrote about city hall. But perhaps that is the complicated truth which so many localists (perhaps in particular those of us reluctant to admit how thoroughly the developments of industrialization and capitalism have transformed our categories of thought) have a hard time admitting to ourselves: that cities, as sites of plurality and commerce and transformation, can have cultures, can have identities which function in at least a pseudo-communitarian way to make up for absence of a sovereign language or historical consciousness or cultural frame in terms of enabling all those city regulations to operate. Sure, the police officer's warrant and city hall's threats of fines enable them to do their work too--but not all of it. Those of us who take seriously the decentralist tradition Taylor writes about assume that Jefferson and Bryan and thousands of other advocates of localized, producer-based economies and communities were not wrong about the idea that, in rural and small town environments, there can be fewer, and thus more effective and less alienating and more humane, forms of government, because the people who make them up and are subject to them are more likely to known to one another, and share certain community-wide perspectives and expectations--they have local knowledge, in other words. Perhaps in cities that local knowledge is somewhat compromised by size and density. But the sense of the place, the shared and participatory identity which the patterns of urban life inculcate, the urban "crews" that Susannah Black has so thoughtfully described, and the foundation for understanding (and at least a minimal level of trust) which both supports and follows from all that? Just because the people in question came together for cosmopolitan reasons rather than due to traditions rooted in village history doesn't mean attachments aren't experienced anyway.

Will those attachments implicitly justify city governments in understanding themselves as serving a body larger than the individual, and one expected to impose a rational order upon its individual residents? Probably often. Yet those attachments will also guide the way that order will be conceived. In his delightful history of urbanism and its discontents, Americans Against the City, Steven Conn makes the argument that cities provide a home for cosmopolitan values which can take on an enriching and even rooted life of their own in opposition to the anti-urbanism more common to American life. Now pick up that idea, and combine it with the argument Jacob T. Levy laid out in his article "Federalism, Liberalism, and the Separation of Loyalties" (which later became a component of his excellent book). In that article, Levy emphasizes that an important aspect of the struggle for individual liberty against centralizing governments--and thus, presumably, the real point of any real  (as opposed to merely Confederacy-addled or individual-liberation obsessed) localism--is for individuals to connect themselves with distinct loyalty-generating and interest-establishing political bodies, which would then lead to effective resistance to larger patterns of governance. For Levy, this meant making a defense of those provincial bodies which have historically characterized federal arrangements--and which have, of course, regularly antagonized those committed to more creating a more efficient, more rational and national, system of rule. Levy originally wasn't very sympathetic to the idea that municipalities could play such a counter-veiling role, though not out of any anti-urban animus; he simply didn't see them as having a large enough population, a grounded enough constitutional legality, or a distinct enough economy to serve as a rival concentration of interests to distant and distancing states. As he commented, "if interests don't crystallize into something like an identity or ideology...it seems unlikely to suffice in [presenting an alternative to centralization]." However, Levy hedged on that claim somewhat in his later book, especially as he came to recognize that provinces, states, and counties often reflect a jurisdictionally and constitutionally generated point of view, and thus are often dominated by elites who have an interest in that perspective, rather than reflecting organic local agendas and priorities.
 And that comports with Conn's historical research, which makes very clear just how distinctive the cosmopolitan focus and urban patterns of city life have been in the United States. Maybe, in a country with a thoroughly nationalized media and economy, where rural provinces have been often bankrupted and de-populated by many of those same national trends, yet still possess the constitutional power to present themselves as competitive participants in the national game, perhaps it is cities and city life, and the distinctly cosmopolitan community attachments they arguably generate loyalty towards and identification with, which may provide the strongest challenge to centralization, and the most fruitful source for new localist energy and ideas. As Conn concluded:

[T]he cities that will do well in the next generation...[will be the ones that] have not lost their "cityness--they make room for a sense of civic identity that transcends the boundaries of race or class or ethnicity or religion....[The lessons they teach] in civility and diversity aren't simply feel-good exercises, either. They are essential for a functioning democracy. One of the real strains on our political system now is that, while Americans are mobile, or rootless, or disconnected (whichever your prefer), our political system is still structured geographically....If we want a democracy that works more effectively to define and then address our common good [and, I would add, that means the local common good], then we need to recognize the ways in which cities function to foster that. (Americans Against the City, pp. 303-304, 306)

One of the great obstacles of the post-Marxist left in the Western world has been its debilitating pre-occupation with and internal struggle over whether or how to attempt to build "socialism in one country"--or, to escape dated Cold War terms, how balance global struggles for justice against local needs for community. In this, the internationalist bent of many on the egalitarian side of things has been unfortunately abetted by individualists who see no need to recognize any economic borders whatsoever, much the political salience of localities. This needs to change. Defending urban areas as valid sites for the political expression of localist attachment and thus as a source of counter-veiling identity and democratic power is hardly a solution to global problems (despite the well-intentioned but goofy yammering of a few). But it is, I think, key for people who are rightfully concerned about what 2017 may bring, whether from the left or the right, to learn to recognize that the idea of urban resistance has more in common with the traditionalist defense of local spaces against centralization than they might at first realize (which is not necessarily a defense of all local traditions!), and similarly that urbanism's generally equalizing acts of regulation and organization are, no matter what Joel Kotkin and other defenders of suburbia say, simply not the same as state actions (which is not necessarily a defense of all urban regulations!). Many conservatives have prided themselves on mouthing decentralizing or subsidiarian truisms, without actually practicing themselves; too many liberals and progressives and socialists have, in my view, perhaps because of the aforementioned attachment to thinking in grand and international terms, taken them at their word and simply rejected the lessons which localist ideas have to teach the effort to build up strong communities. In the wake of the election, perhaps the ideologically capacious concept of localism will finally be recognized as not something simply agrarian, or simply urban, but something essential for getting through the systems break-down all around us.