There are supposed to be limits on federal power. Indeed, the Constitution exists to define those limits. But with each passing day, those limits are worn ever away.

For instance, just yesterday, President Bush signed a bill that passed both houses of Congress unanimously. The bill bans condominium and homeowners associations from limiting displays of the American flag.

Great. Wonderful. I like the flag, and I think HOAs that restrict its display are idiots.

But would someone please identify for me which authority-granting clause of the Constitution empowers Congress and the President to involve themselves with the day-to-day running of homeowners’ associations?! I mean, come on. No one can seriously argue that HAOs somehow impact or participate in interstate commerce, right? (This is rhetorical question. I realize that if challenged, that’s precisely what the Solitors’ General office will argue before the nine wise souls of Capitol Hill.)

HOAs are the ultimate creature of local government. County and city governments have, over the years, empowered HOAs under law to handle many of the pesky day-to-day administrative items that bureaucrats don’t want to be bothered with. You know, like keeping up the streets and collecting the garbage. But now, the feds want to stick their nose in.

Here’s my message to Congress and the White House: Stop it. Go away. Go work on something that matters. You know, like winning the War on Terror.

There are things the federal government can do well. The list is short. Regulating homeowners associations isn’t on it.

Full disclosure: A few years ago, when my wife and I bought our house, I decided I didn’t want to be a member of one of these aggressive, ridiculous HOAs that does things like regulate the display of the American flag. So I ran for the board. And now I’m the President. And our HOA does its business and, for the most part, leaves our neighbors alone. But just to be clear, I’m not defending HOAs. I’m not a fan. The point of the post above stands on its own.

Jim: My first instinct is to agree with Marshall. I mean, that’s just a general attitude, not just regarding the issue of homeowner associations.

But I wonder if this example gets at the soft underbelly of the conservative view, preferring state solutions to federal ones, and local solutions to state ones; the concept that as many decisions as possible ought to be made by the government closest to the people.

Of course, sometimes your local government just stinks, and is dominated by fruitcakes and loons and power-hungry meglomaniacs. (My perspective may be skewed by the amount of time I spent living in the District of Columbia.) So if my local government is filled with the kind of people who declare the flag “jingoistic” and demand that missile defense not be deployed over the locality’s airspace, do I want the Federal Government to come in and put a stop to nonsense?

It’s probably wrong, but it’s tempting.

On the specific topic of Home Owner’s Associations, I always feel divided when I go to Hilton Head Island, where my parents live. Particularly on the plantations - the unfortunately-named gated communities - there are building codes that are quasi-fascistic. I mean, “it’s earth tones or we send a mob to burn your house to the ground, buster.” (Okay, I exaggerate slightly.) The asthetic effect of these regulations is terrific - every house is in tune with the natural palette of greens and browns around it; there are no hot pinks or garish designs to ruin the sense of community.

So I love the effect of strict Homeowner’s associations on the look of a community. But the moment they tried to restrict one of my preferences, I would probably find it to be an outrageous violation of my rights as a property owner…

Marshall: I should have known that there was no way I was going to prevent this conversation from turning into a debate about the merits of homeowners associations…

However, I think that I will try not to take the Hilton Head bait and instead focus on your allusion to the various peoples republics that have sprung up in major cities like D.C. and San Francisco. Here’s why you shouldn’t be tempted: the people of those communities elected their socialist leaders. That was their choice. And the majority rules. Luckily, under the Constitution, folks not in the majority are protected from oppression by the Bill of Rights. One of those is the First Amendment. And displaying the American flag is clearly an exercise of those rights. (I think, in this rare case, that even the Courts agree with me.) So we don’t need a law, and we don’t need Congress sticking its nose even further into stuff it shouldn’t be anywhere near. Go away, Congress. Go away.