posted on Nov, 23 2010 @ 12:11 AM
reply to post by buni11687
It's a shame the government decided to simply ignore one of the provisions of the constitution.
Article One. Section 10. Paragraph 2.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for
executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Why was this important to highway tolls. Because those highway tolls were exactly one of the taxes that this clause of the Constitution was supposed
Read the Federalist paper #42.
The pertinent section.
The defect of power in the existing Confederacy to regulate the commerce between its several members, is in the number of those which have been
clearly pointed out by experience. To the proofs and remarks which former papers have brought into view on this subject, it may be added that without
this supplemental provision, the great and essential power of regulating foreign commerce would have been incomplete and ineffectual. A very material
object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the
latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of
import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the
former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge
of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquillity. To
those who do not view the question through the medium of passion or of interest, the desire of the commercial States to collect, in any form, an
indirect revenue from their uncommercial neighbors, must appear not less impolitic than it is unfair; since it would stimulate the injured party, by
resentment as well as interest, to resort to less convenient channels for their foreign trade. But the mild voice of reason, pleading the cause of an
enlarged and permanent interest, is but too often drowned, before public bodies as well as individuals, by the clamors of an impatient avidity for
immediate and immoderate gain. The necessity of a superintending authority over the reciprocal trade of confederated States, has been illustrated
by other examples as well as our own. In Switzerland, where the Union is so very slight, each canton is obliged to allow to merchandises a passage
through its jurisdiction into other cantons, without an augmentation of the tolls. In Germany it is a law of the empire, that the princes and states
shall not lay tolls or customs on bridges, rivers, or passages, without the consent of the emperor and the diet; though it appears from a quotation in
an antecedent paper, that the practice in this, as in many other instances in that confederacy, has not followed the law, and has produced there the
mischiefs which have been foreseen here. Among the restraints imposed by the Union of the Netherlands on its members, one is, that they shall not
establish imposts disadvantageous to their neighbors, without the general permission.
They passed this code specifically to stop states such as Texas or originally New York from placing obnoxious tariffs and taxes on the import and
export traffic of other states.
Highway tolls are supposed to be unconstitutional when applied to commercial traffic. Unless the revenue is given to the federal treasury. And that
traffic is the intended victim of these highway tolls. A 80,000 lb tractor trailer would probably pay 5 to 10 times what a car would be charged for
the same length of tollway.
edit on 23-11-2010 by ntech because: (no reason given)