Are the NJ/PA/DE toll bridges unconstitutional?

[Pab Sungenis]

(reposted with permission from my blog: http://cnx.com/?p=1201)

One of the lesser looked at parts of the Constitution:

Article I, Section 9.

No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.

Think about that: it’s against the Constitution to require “vessels” to pay duties to enter another state. Well, that’s exactly what happens here in New Jersey.

The only ways to cross from New Jersey into Pennsylvania or Delaware, two of the three states that it borders, is to pay a duty (toll) to enter those states. There is no corresponding duty to enter New Jersey from either of those states, only to leave New Jersey and enter Pennsylvania or Delaware.

Every road from New Jersey into Pennsylvania goes over a toll bridge, except for the express connector between the New Jersey and Pennsylvania Turnpikes, which requires entering a Pennsylvania toll road as soon as you’ve crossed the state line. These duties range from 50 cents (up at the Delaware Water Gap, but I haven’t checked that toll in years so as far as I know it could be $1 or $2 now) to $4 to enter Philadelphia.

It seems to me that Article 1, Section 9, suggests that the States of Pennsylvania and Delaware are in blatant violation of the Constitution. There must be at least one road between Pennsylvania and New Jersey that can be traversed without paying a duty. And the only road between New Jersey and Delaware (which uses the Delaware Memorial Bridge) must likewise be free to travel over.

Of course, no one is going to look into this issue because the Democrats are too chickenshit, and the Republicans (who, Christ help us, are soon going to control New Jersey) don’t give a shit about the Constitution except when it protects their personal interests.

©2009 2,000 Monkeys With Typewriters, LLC, All Rights Reserved

[polichick]

1. I've often wondered how NJ can charge fees for citizens to walk on the beach...

That doesn't happen around the country ~ can the beach really be owned by the towns charging fees?

[ejpoeta]

4. they can really charge fees to access a public beach!! omg that is such bs.

[polichick]

7. $8 a day for each adult this year - I don't know what gives them the right. nt

[FarCenter]

17. It helps each town pay for lifeguards, police, trash pickup, etc.

[polichick]

28. Sure, but why do they think the town owns the beach? Everywhere else...

...in the country the beach belongs to the people, and they make money from parking.

[Burma Jones]

2. I think they charge double what they would normally charge

and only collect tolls one way........

saves time on the trip south.

[ejpoeta]

3. good luck with that. we have been fighting tolls in some places here in NY

for years. granted, we CAN drive another way and avoid the tolls whereas your situation doesn't even give you an option. But if there's money coming in, then you are going to have a hell of a time getting rid of that money train. They'll talk about jobs being lost and everything else under the sun to avoid losing their tolls.

[Pab Sungenis]

5. What? No troll has unrec'd this into < 0 territory yet?

I'm offended.

[Stinky The Clown]

19. hahahah

No one is Observing today

[Pab Sungenis]

23. Never mind.

They found it.

[FBaggins]

6. "Duty" and "Toll" are not synonyms

A duty is a tax levied on the import or export of goods.

Section 9 keeps states from imposing taxes on interstate commerce.

Even a truck carrying goods for sale isn't paying a "duty" when it pays a bridge toll... unless the amount of the toll is somehow related to the value/amount/origin of the goods.

[Barack_America]

10. What if I told you that most people go to NJ to buy booze...

...and many people from NJ come to PA to buy clothes?

They're taxing my booze! It's unconstitutional!


;)

[FBaggins]

14. Wouldn't matter...

... unless they tax you on the booze itself when you cross.

Even that might not be enough. It might require that you intend to resell the booze in order for it to be a duty. Otherwise, states wouldn't be able to tax you for the lost sales tax on goods you buy from other states.

[tabbycat31]

27. NJ has no sales tax on clothes

now when I lived in NY, I frequently went to NJ or CT to buy clothes due to the tax (i was within 1/2 hour of each state so travel was not a problem)

[abumbyanyothername]

8. Not exactly on point, but the reasoning could apply

http://www.nytimes.com/2009/04/02/us/02ezpass.html

See the Massachusetts case referenced at the bottom of the article.

<snip>

In the 2007 Massachusetts case, a state judge, Allan van Gestel, upheld the discounted toll program for residents near the bridges and tunnels, saying it imposed a “minimal” burden on the right to interstate travel guaranteed by equal protection. Rhode Island officials have said they looked closely at that case in determining the legality of their current policy.

In an interview, Judge van Gestel, who is now retired, expressed surprise that his reasoning had had such influence on Rhode Island. He noted that his had been a state-level case, while the new lawsuits were filed in federal court, and that it had not turned on the issue of the commerce clause.

The plaintiff in the Massachusetts case, Carol F. Surprenant, an emeritus professor of marketing at the University of Rhode Island, seemed nonplussed when reached by telephone on Tuesday. Before giving the name of her lawyer and ending the call, Ms. Surprenant, who has received several press inquiries about the case, said, “I cannot believe that this many people are interested in restraint of trade.”

[Blue_Tires]

9. lol...the subject of NJ/PA/DE tolls has long been verboten

in the lounge, at least...

i can't touch this one...

[One_Life_To_Give]

11. Is the Bridge Federal?

Interstate Waterways upon which a vessel would travel are all Federal. Under the jurisdiction of the US Coast Guard who maintains the Aids to Navigation upon them, Core of Engineers for dredging channels and the NOAA for charting depths, channels, facilities etc.

I don't believe it is permissable to charge a fee or toll upon any parts of the Federal Highway system. So the bridge is presumably a state or private asset. As I believe Turnpikes existed at the time the constitution was written. It would be hard to claim that the actual Usage of a state and/or private facility did not entitle the owner to collect fees. Also I think the Erie Canal collected fees although technically a vessel could of only been passing thru New York State.

[TZ]

12. How do you know there are no roads that aren't toll? Have you checked them yourself?

I've been told several times that there are bridges without tolls. They aren't as convenient and take longer. I might be wrong but isn't the Commodore Barrie (sp?) bridge into PA from NJ free?

[charlie and algernon]

13. I know at least 1 free bridge between Easton, PA and Philipsburg, NJ.

[Barack_America]

15. New Hope, PA and Lambertville, NJ

[Pab Sungenis]

16. Commodore Barry is $4.00.

Someone else mentioned two other bridges between NJ and PA that apparently have no tolls.

Still, there is literally only one road between New Jersey and Delaware. It goes over the Delaware Memorial Bridge, which has a toll.

[Reverend_Smitty]

31. There are 3 bridges that connect Trenton, NJ to Morrisville, PA...2 of which are toll free

Plus if you go up a little further up the river the Scudder Falls Bridge that is part of Route 295/95 is free. There are plenty of free entry points into PA/NJ, you just need to know where to look

[FarCenter]

18. It's more convenient for all the Trenton state workers who live in PA to avoid the high taxes in NJ

To charge tolls in only one direction.

[dajoki]

20. Is Corzine going down?

:shrug:

[Pab Sungenis]

22. It's starting to look like he is.

It's the same kind of frustration and media manipulation that brought down Florio.

[dajoki]

24. Sad, isn't it?

[FBaggins]

25. Unfortunately correct.

He's approaching the "dead boy or live goat" level.

It's usually the case that an incumbent who regularly fails to hit 50% (in a 2-way race), even if he's ahead... is in trouble. The partisan balance in NJ would tend to offset some of that...


...but he's down by 7+ points and has been down almmost universally since January.

There's time for Democrats to turn things around by next Fall... but not by this November.

[LynneSin]

21. Did ya ever think we put those tolls there to keep New Jersey folks out

:hide:

[rug]

26. There is still a privately owned interstate bridge over the Delaware River in Dingmans Ferry, PA.

http://www.dingmansbridge.com/

[Pab Sungenis]

29. Still a toll bridge.

Not a free road between the two states. But a very nice bridge in a very nice area.

[dysfunctional press]

30. you aren't being charged a toll to enter/leave the state- you're paying a toll to use the bridge.