Did you know that it is illegal to charge drivers of vehicles by the mile? It is actually unconstitutional. That hasn’t stopped Many states from moving forward o enacting these laws and taxing money from taxpayers. How did all this come into play and here is the reason you should not pay the tax.
The $1.2 trillion "Bipartisan Infrastructure Deal" SEC. 13002 - contains provisions which implement a federal per mile user fee on drivers of passenger vehicles and requires car makers to build driver monitoring technology. How will the government check your mileage, easy, smartphones know where you are and how fast you drive! These phones also listen to you too! I know you what you are thinking, our government and corporations are legally spying on Americans.
Back to the mileage tax, states would be able to track odometer in all vehicles that are registered. In California, Governor Newson wants to charge Californians 3 cents for each mile driven. This new rule is for gas and electric cars. He wants to also place these GPS odometers on motorcycles too. So there is no escape.
He claims to replace the by-the-mile fee program called California Road Charge fees and that California would remove the gasoline tax. Don’t hold your breath. It has been stated that these new tracking devices will know when you leave California at which point you will stop being charged for each mile you drive outside of California.
I stated that you should not pay a by the mile fees in any state, here’s why. Look of this legal case and the Scope of the Decision: In Crandall v. 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 are by various means of conveyance, such as stagecoaches or steamboats.
Fundamental Right to Travel: The Court affirmed that the right to travel freely is a fundamental right protected under the privileges and immunities clause of Article IV and the due process clause of the Fourteenth Amendment. This right encompasses both interstate and intrastate travel and includes the freedom to choose the mode of travel.
State Taxation Prohibited: Crandall v. Nevada established that states do not have the authority to tax the right to travel or the specific modes of travel that individuals use. 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.
Constitutional Constraints: The decision underscores constitutional constraints on state authority to tax activities or rights that are essential components of fundamental liberties. States cannot impose taxes that directly burden these rights without violating constitutional protections.
Judicial Interpretation: Crandall v. Nevada remains a precedent that clarifies the limitations of state power in taxing activities related to fundamental rights. It affirms the judiciary's role in interpreting and upholding constitutional guarantees against state actions that infringe upon individual freedoms.
In summary, Crandall v. Nevada definitively established that states cannot tax the right to travel freely or the modes of travel used by individuals. The decision reinforces the protection of fundamental rights under the Constitution and sets boundaries on state authority in taxation to ensure compliance with constitutional principles.
States are not granted the right to tax per mile per inch of a car or bike or walking per Crandall v. State of Nevada, 73 U.S. 35 from 1867. Interestingly, some states are just ignoring the laws and legal cases.
Since all citizens have the right to move around freely, a state cannot impose taxes that interfere with their ability to leave.
The bottom line since 1867, the government does not have the right to charge you by the miles. Some states have already implemented this law. Now it’s time to get these laws removed as it violates your freedom, takes your money and it conflicts with the Constitution of the United States.
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Lauren Fix, The Car Coach is a nationally recognized automotive expert, media guest, journalist, author, keynote speaker and television host. A trusted car expert, Lauren provides an insider’s perspective on a wide range of automotive topics and safety issues for both the auto industry and consumers. Her analysis is honest and straightforward.