The clash between Florida Governor Ron DeSantis and the Walt Disney Company has become a prominent battleground in America’s culture wars. As DeSantis, a Republican with conservative leanings, seeks to challenge what he considers “woke” ideologies, Disney has openly criticized controversial legislation, resulting in a back-and-forth between the two parties. However, beneath this conflict lies a significant question: what role does “local” democracy play? The legal battles between DeSantis and Disney revolve around the power of state laws versus the ability of local municipalities or corporate zones to establish their own regulations, similar to the setup in Switzerland.
The founding fathers of the United States embraced a federal structure for the nation’s democracy in the 18th century. However, as observed by James Madison in the Federalist Papers, the system was designed to be neither entirely national nor entirely federal. In the 19th century, the French writer Alexis de Tocqueville noted the constant struggle between federal, state, and municipal politicians, leading to a government that was not precisely national nor federal. In contemporary times, the situation has arguably become more complex, with states adopting increasingly divergent positions on issues such as abortion rights, gun control, and environmental initiatives, often testing the boundaries of federal law.
Conflicts frequently arise between state legislatures and municipalities, particularly when the former is dominated by Republicans and the latter by Democrats. The case of Disney exemplifies this dynamic, albeit within the control of a company. However, according to the Local Solutions Support Center, a left-leaning advocacy group, over 650 “pre-emption bills” seeking to impose state rules on public municipalities are currently being proposed in Republican-controlled legislatures, aiming to suppress local challenges.
An attention-grabbing example is the “Death Star” bill under discussion in the Texas state legislature. This bill aims to enable local businesses to sue cities that implement local regulations more progressive than state laws, potentially targeting politically blue enclaves like Austin. Florida, under DeSantis, is also considering a Death Star bill. Similar bills in states like Texas, Georgia, Florida, and Oklahoma could compel prosecutors in liberal cities to enforce anti-LGBT+ rules or abortion bans, even if local sentiment opposes them. The Tennessee legislature is attempting to limit the power of politicians in progressive Nashville, and similar dynamics are unfolding elsewhere.
Republican leaders argue that these bills reflect the democratic process, as red-state legislatures were elected to pursue conservative agendas. However, analysts like Darrell West from the Brookings Institution warn that the United States is entering a risky phase that pits blue states against red ones and blue cities against red states, posing a threat to democracy as a whole. These jurisdictional conflicts strain federalism and create uncertainty for businesses attempting to navigate conflicting regulations.
The situation could potentially worsen, as Census Bureau data indicates a notable population shift from Democratic states to Republican-controlled states, especially urban areas, a trend that predates the pandemic and has been accelerated by remote work. In the long run, this influx of blue-minded individuals into red states could fuel further rebellion. Consequently, federalism and local politics may become even more emotionally charged and captivating during the 2024 elections. Mickey Mouse’s involvement in these conflicts won’t be the last.
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