Tag: greenhouse gases

Big Brother Wants to Watch You Drive

In 2008, the Washington legislature passed a law mandating a 50 percent reduction in per capita driving by 2050. California and Oregon laws or regulations have similar but somewhat less draconian targets.

The Obama administration wants to mandate that all new cars come equipped with vehicle-to-infrastructure communications, so the car can send signals to and receive messages from street lights and other infrastructure.

Now the California Air Resources Board is considering regulations requiring that all cars monitor their owners’ driving habits, including but not limited to how many miles they drive, how much fuel they use, and how much pollution or greenhouse gases they emit.

Put these all together and you have a system in which the government will not only know where your vehicle is at all times, but can turn off your vehicle if it decides you are driving too much or driving in a way that emits too many grams of carbon dioxide or is otherwise offensive to some bureaucratic imperative.

I sometimes think privacy advocates are a paranoid bunch, seeing men in black around every corner and surveillance helicopters or drones in the air at all times. On the other hand, if a technology is available–such as the ability to record cell phone calls–the government has proven it will use it.

Consider all of the lovable progressives out there who think the government should “punish climate change liars,” meaning people who have differing opinions on scientific issues. It’s not much a stretch to think that, any time they happen to be in power, they will use the available technology to make people stop driving. After all, just how important can that extra trip to the supermarket be compared to the absolute imperative of preventing the seas from rising a quadrillionth of an inch?

Of course, the elected officials and bureaucrats who run this system will exempt themselves from the rules. After all, nothing is more important than their work of running the country and making sure people don’t abuse their freedom by engaging in too much mobility.

As California writer Steven Greenhut points out, we already have red-light cameras, and some “eastern states have suspended drivers from using toll lanes after their transponders showed them to be speeders.” They’re not invading our privacy, the greens will argue, they are just making sure that our actions aren’t harming Mother Earth.

Of course, for many it really isn’t about greenhouse gas emissions. Mobility allows (or, as anti-auto groups would say, forces) people to living in low-density “sprawl” where they can escape taxation by cities eager to subsidize stadiums, convention centers, and light-rail lines. All they have to do is ramp down people’s monthly driving rations–something like a cap-and-trade system that steadily reduces the caps–and suburbanites will eventually find that they have to move back to the cities.

No doubt some will argue that even those who drive the most fuel-efficient cars should be subject to the same driving limits because suburban homes waste energy too. Or that people will be safer from terrorists if they are all jammed together in cities close to emergency facilities than if they are spread across the countryside. Or that suburbanites are parasites on the cities and should be reassimilated back into the cities’ benign embrace and taxing districts.

Whatever the argument, the point is that if the technology is there, the government will use it. If people really want to buy cars that monitor their every move and are capable of communicating those moves to some central infrastructure, they should be allowed to do so. But allowing the government to mandate these things is simply asking to have well-meaning, and sometimes not-so-well-meaning, government bureaucrats control how we travel and where we live.

Move DC or Move Out of DC?

Washington DC has proposed an anti-auto transportation plan that is ironically called “MoveDC” when its real goal is to reduce the mobility of DC residents. The plan calls for reducing auto commuting from 54 percent to no more than 25 percent of all workers in the district, while favoring transit, cycling, and walking.

Click image to download the plan’s executive summary. Click here to download other parts of the plan.

The plan would discourage auto driving by tolling roads entering the district and cordon-pricing. Tolls aren’t necessarily a bad idea: as I explained in this paper, properly designed tolls can relieve congestion and actually increase roadway capacities. But you can count on DC to design them wrong, using them more as a punitive and fundraising tool than as a way to relieve congestion. Cordon pricing is invariably a bad idea, much more of a way for cities to capture dollars from suburban commuters than to influence travel habits.

The plan assumes that the district’s population will increase by 170,000 people over the next 25 years, which is supposed to have some kind of apocalyptic result if all of those people drive as much as people drive today. The district’s official population in 2010 was 602,000 people, a 155,000-person drop from 1970. While Census Bureau estimates say the district’s population is once again growing, it doesn’t seem all that apocalyptic if the population returns to 1970 levels.

The Census Bureau estimates that 54 percent of people employed in the district drove to work, while only 37 percent took transit in 2012. Since part of the MoveDC plan calls for discouraging people outside the district from driving to work in the district, it appears the goal is to cut that 54 percent by more than half. DC’s plan to discourage driving by taxing commuters through cordon pricing is more likely to push jobs into the suburbs than to reach this goal.

Congestion isn’t a serious problem in the district, mainly because the legal height limit prevents Manhattan-like job concentrations. Instead, the main congestion problems are on the highways entering the district. These problems can be solved through congestion tolls, which would encourage some travelers to shift the time they drive. Because road capacities dramatically decline when they become congested, keeping the roads uncongested would effectively double their capacity during rush hour, which ironically could allow even more people to drive to work. DC’s anti-auto planners won’t want to do that, which is why they are likely to focus more on cordon pricing than congestion tolling.

If reducing congestion isn’t the issue, then what is the goal of the anti-auto emphasis? MoveDC says it is “rapidly rising travel costs, and concerns about rising carbon emissions.” People deal with rising travel costs by replacing their cars less frequently and buying more fuel-efficient cars when they do replace them. MoveDC’s solution is to substitute high-cost urban transit for low-cost driving, even though transit actually emits more greenhouse gases per passenger mile than driving.

Congress: The Least Dangerous Branch

That’s the topic of my Washington Examiner column this week. In it, I discuss last week’s budget battle and the failure of “policy riders” designed to rein in the Obama EPA’s attempts to regulate greenhouse gases without a congressional vote specifically authorizing it. The Obama team believes it has the authority to implement comprehensive climate change regulation, Congress be damned. Worse still, under current constitutional law–which has little to do with the actual Constitution–they’re probably right. Thanks to overbroad congressional delegation, “the Imperial Presidency Comes in Green, Too.” At home and abroad, the legislative branch sits on the sidelines as the executive state makes the law and wages war, despite the fact that “all legislative powers” the Constitution grants are vested in Congress, among them the power “to declare War.”

Yet, as I point out in the column, Congress retains every power the Constitution gave it–powers broad enough that talk of “co-equal branches” is a misnomer. Excerpt:

The constitutional scholar Charles Black once commented, “My classes think I am trying to be funny when I say that, by simple majorities,” Congress could shrink the White House staff to one secretary, and that, with a two-thirds vote, “Congress could put the White House up at auction.” (I sometimes find myself wishing they would.)

But Professor Black wasn’t trying to be funny: it’s in Congress’s power to do that. And if Congress can sell the White House, surely it can defund an illegal war and rein in a runaway bureaucracy.

If they don’t, it’s because they like the current system. And why wouldn’t they? It lets them take credit for passing high-minded, vaguely worded statutes, and take it again by railing against the bureaucracy when it imposes costs in the course of deciding what those statutes mean.

Last year, in the journal White House Studies [.pdf], I explored some of the reasons we’ve drifted so far from the original design:

Federalist 51 envisions a constitutional balance of power reinforced by the connection
between “the interests of the man and the constitutional rights of the place.” Yet, as NYU‘s Daryl Levinson notes, ―beyond the vague suggestion of a psychological identification between official and institution, Madison failed to offer any mechanism by which this connection would take hold…. for most members, the psychological identification with party appears greatly to outweigh loyalty to the institution. Levinson notes that when one party holds both branches, presidential vetoes greatly decrease, and delegation skyrockets. Under unified government, “the shared policy goals of, or common sources of political reward for, officials in the legislative and executive branches create cross-cutting, cooperative political dynamics rather than conflictual ones.”

Individual presidents have every reason to protect and expand their power; but individual senators and representatives lack similar incentive to defend Congress’s constitutional prerogatives. “Congress” is an abstraction. Congressmen are not, and their most basic interest is getting reelected. Ceding power can be a means toward that end: it allows members to have their cake and eat it too. They can let the president launch a war, reserving the right to criticize him if things go badly. And they can take credit for passing high-minded, vaguely worded statutes, and take it again by railing against the executive-branch bureaucracy when it imposes costs in the course of deciding what those statutes mean.

In David Schoenbrod’s metaphor, modern American governance is a “shell game,” with We the People as the rubes.  That game will go on unless and until the voters start holding Congress accountable for dodging responsibility.