Some Not Quite Random Thoughts On Americans and Their Cars
by L. Neil Smith
[email protected]
Special to The Libertarian Enterprise
The private automobile, and the exhilarating sense of freedom it
engenders, is central to everything unique in the American character.
Today it's come under attack by a coalition of prohibitionists and
Luddites.
Every day, tens of millions of Americans employ what amounts to the
best mass transit system in the world to travel from exactly where
they are to exactly where they want to go, at exactly any time they
desire. No lugging their groceries or bulky packages to bus stops,
train stations, or subway terminals in the heat, rain, cold, sleet,
or snow. No unwanted or dangerous company. No undesirable noises or
smells.
Half of this "best mass transit system in the world" -- streets,
roads, and highways -- is a monopoly of various governments. The
automobile itself belongs to individuals. While automobiles
themselves improve a little each year, and have done so since before
the turn of the last century, the failures of the best mass transit
system in the world are on the "public" side. Problems attributed to
the automobile -- air pollution, traffic congestion, lack of parking
space, and most accidents, injuries, fatalities -- arise from an
unwillingness on the part of bureaucrats and politicians simply to
resign themselves to the reality of the automobile (they've only had
a century, after all) and adapt.
There's a reason for this. Those who want to be bureaucrats and
politicians despise the automobile because (among other things) it
represents so many well-solved problems they can't claim credit for
and exploit. Also, it affords its owner a mobility and privacy which
it absolutely kills their shriveled souls not to be able to intrude
upon.
Nor, in a political society dedicated to "life, liberty, and the
pursuit of happiness" should the recreational benefits of the private
automobile be neglected. The simple pleasure derived from owning and
operating fine machinery is something that bureaucrats and
politicians comprehend only dimly enough to loathe and want to
eradicate, recently by using "safety" as an excuse to regulate the
function and appearance of vehicles they actually dislike for reasons
of cultural or class prejudice.
A friend of mine with plenty of political savvy, holds that the main
thrust of the last 10 years of environmentalism and regulations
governing the ownership and use of automobiles is to force Americans
out of the country -- as the Brits did so brutally to the Scots --
and into cities where they can be controlled. The first time he said
this, I had my doubts. The more I learn, the more sense it makes.
While our children and our grandchildren broil in crowded, stinking
tenements, Algore's vile spawn will to ride to hounds in what used to
be our back yards.
What they dare not acknowledge is that ownership and use of an
automobile is a right guaranteed by the the first ten amendments to
the Constitution, commonly known as the Bill of Rights, specifically
by the Ninth Amendment which provides for "unenumerated rights" and
by the Tenth Amendment, which limits government to only a tiny
handful of functions.
Should a Ninth or Tenth Amendment right be enforced any less
stringently or energetically than those rights protected, say, by the
First and Second Amendments? Absolutely not. The automobile and its
owner should be accorded exactly the same protection that the First
Amendment extends to freedom of expression, religion, and assembly,
and the Second Amendment is supposed to extend to firearms and their
owners.
If the automobile and its owners deserve Constitutional protection it
follows that the enemies of the automobile and its owners --
in Congress, in legislatures, on county commissions, on city
councils, and in university administrations -- deserve to feel the
full weight of the highest law of the land descend on them whenever
they threaten those rights that we commonly associate with the
automobile and its owners.
Two classes of objects and activities must never be taxed, no matter
what trumped-up excuse bureaucrats and politicians pull out of the
air to justify it. Food, clothing, shelter, and transportation are
basic necessities of life. Anything guaranteed by the Bill of Rights
should be sacrosanct. No aspect of the ownership or use of an
automobile should be taxable -- and if that causes problems with
financing the present bloated level of government, so what? Since
when are Americans obliged to have more government than they're
willing -- voluntarily, without the least trace of coercion -- to
support?
To drive this concept home, government must leave car design and fuel
formulas to the private market system that made them possible in the
first place. (All that any government knows how to do is break things
and kill people, neither of which promotes automotive safety or
progress.)
It means defunding light rail, empty bus companies, and other
transportation confidence schemes across America (and deregulating
taxis for those who don't use a car) and using the enormous savings
that result to improve roads or reduce taxes. We must also search for
private alternatives to our present backward, stagnant public highway
technology.
It also means eliminating driver's licensing (something far better
handled by insurance companies, if it has to be handled at all) along
with the nationwide tracking and identification system commonly known
as "license plates". Both represent powers that were unwisely granted
to the government in the first place, were widely abused almost from
the beginning, and today have become tools of a rapidly growing
police state.
The right to privacy must be fully restored with regard to the
automobile and made equivalent to privacy in homes (something that
needs some work, too, if we don't want to end up like the Japanese,
who are subject to random searches any time the police feel like it).
Roadblocks to enforce DUI or seatbelt laws -- an excuse to search for
drugs, guns, or other things the police don't approve of -- must be
forbidden.
Seizures and "civil forfeitures" without due process have become
common since the War on Drugs was instigated. They must not only be
forbidden, but restitution must be provided to the victims of
previous forfeitures, along with severe punishment for those who
carried them out.
The next time some bureaucrat or politician starts spouting off about
subways, light rail, or some other multibillion tax-dollar confidence
scheme to empty our pockets and control our movements, step on his
toes, grab him by his lapels, and shout up his nostrils (it's the
only known way to communicate with these vermin) that the American
people already have the best mass transit system in the world -- one
that takes them from exactly where they are to exactly where they
want to go, at exactly any time they desire. -- and fully intend to
keep it.
Perhaps a new bumper sticker should be printed that proclaims,
"THEY CAN HAVE MY CAR KEYS -- WHEN THEY
PRY THEM FROM MY COLD, DEAD FINGERS!"
Any attempt to pass or enforce an unconstitutional law -- especially
any law that violates the first ten amendments to the Constitution,
commonly known as the Bill of Rights -- is a crime punishable by ten
years in prison and a ten thousand dollar fine for each offense
(Title 18 U.S.C, Sections 241 and 242). If you'd like to see
that law enforced, go to http://www.smith2004.org
and make your wishes known.