A recent review of plans by various states to tax drivers per mile instead of per gallon of gas for road care finds that the whole idea violates the U.S. Constitution that guarantees Americans the right to travel freely about the country.
These taxes are said to violate the Privileges and Immunities Clause of Article IV and the Due Process Clause of the 14th Amendment, the analysis claims.
This tax idea is being considered in Utah, California, Illinois, New York, and many more. The states are considering tracking devices that “supposedly” stop calculating your tax once you leave the state. And if you believe that system will always work and states won’t “accidentally” continue taxing you when you are driving in another state, I have a bridge in Brooklyn to sell you.
But this scheme is also being considered by the federal government as seen in the “Bipartisan Infrastructure Deal” where Sec. 13002 would impose a tax on every driver. The provision would also force car makers to include tracking technology in every new car going forward.
How is it legal for governments to track your every move via intrusive location technology to levy a tax?
It doesn’t seem that it is. The precedent may be old, but it seems to perfectly apply to this taxation plan.
Per The Blaze:
In its 1868 decision Crandall v. State of Nevada, the Supreme Court ruled that states cannot impose taxes or regulations that burden the right of individuals to travel freely, including the modes of travel they use. The case specifically addressed Nevada’s attempt to tax individuals leaving the state by various means of conveyance, such as stagecoaches or steamboats.
The right to travel freely is a fundamental right; as such, it is protected under the Privileges and Immunities Clause of Article IV and the Due Process Clause of the 14th Amendment.
The Court’s reasoning was grounded in the principle that such taxes would infringe upon a fundamental right and exceed the permissible scope of state taxation powers.
Since all citizens have the right to move around freely, a state cannot impose taxes that interfere with their ability to leave.
I, for one, do not want tracking devices in my car. How can that not also take away your freedom? If your every move will be tracked and logged by government, you have no freedom of movement at all.
And if these liars try to claim that your movements won’t ever be used against you… they are simply lying to you. You know damn well it will. Every lawyer trying to sue you, every cop trying to find out where you’ve been, every government that wants to mine your data for more taxation schemes…. all of them will have access to your movements. Any claim to the contrary is just a flat-out lie.
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