Highway Robbery in the Dead of Night

A group called Michigan Taxpayers United has filed suit to reverse the 30% increase in the state's gas tax enacted -- by 56 votes in the 110 member House -- at 4:30 in the morning on July 16 and, following the signature of Gov. John "Taxcutter" Engler, put into effect less than two weeks later.

Raising the tax without a popular vote at the very least violates the spirit of the Headlee Tax Limitation Amendment to our state constitution which prohibits state and local tax increases "without direct voter approval."

Most people are not particularly surprised when taxes are raised without their approval, anyway. They have grown accustomed to such legislative shell games as, for instance, calling a tax a "fee" and claiming that it, therefore, does not come under any of the Headlee restrictions.

However, many don't realize that the 1978 Headlee amendment also includes a formula establishing "a limit on the total amount of taxes which may be imposed by the legislature in any fiscal year." Michigan Taxpayers United is arguing in court that, since the total take for Michigan government now exceeds that cap, the gas tax increase violates the letter of the law, as well.

Even less widely known among those of us who have been the victims of this highway robbery is that the legislature also violated the spirit, if not the letter, of another clause, unrelated to Headlee, in the Michigan Constitution.

Article IV, Section 27 states: "No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the Legislature may give immediate effect to acts by a two-thirds vote of the members elected and serving in each house."

That seems clear enough. So how could the state gas tax go up four cents a gallon less than a fortnight after it passed by a bare one vote majority in the House, instead of next April 1 as required by our constitution?

According to the leadership of both major parties, the 'immediate effect' provision was part of the earliest draft of the legislation which did receive better than 2/3 support. The bill was then amended, albeit by the slimmest of majorities, to include the gas tax increase. Cute, eh?

One state representative, David Jaye (R-Washington Township), was so outraged he collected 25 signatures from his fellow representatives demanding a roll call vote on the final, amended bill. "It's dishonest for politicians to say 'we are giving the bill immediate effect' before it's in its final form," said Jaye. "That's like a meat inspector giving hamburger a clean bill of health after just looking at the cow!"

In an even more appropriate comparison with magician Harry Houdini and his untimely demise Jaye called the procedural sleight-of-hand a "suckerpunch" to taxpayers. But the House leadership deftly parried his attempted counterpunch and the 'immediate effect' provision stood.

Governments are often finding constitutional limitations on their powers inconvenient. This is not particularly surprising since limiting the powers of government is, after all, the whole purpose of constitutions. But a bit of clever legislative legerdemain can usually remove the impediments to their progressive plans. In the side-stepping of Article IV, Section 27 we have a perfect case in point.

According to our public masters, this kind of 'hand is quicker than the eye' (or 'House procedure is better than the Constitution') maneuvering is justified because the gas tax increase was desperately needed.

Look at the condition of our roads!

In fact, it's very important to them that you keep your eye on the roads. They wouldn't want you to look at where the gas tax revenues they were already getting were actually going.

Nearly $5 million a year is subsidizing the Trolley and the People Mover in downtown Detroit. Another $5 million is subsidizing passenger and freight trains. Another $5 million -- you environmentalists better sit down for this one -- is going to build and maintain private logging roads so timber companies can cut down trees which would otherwise be unprofitable to harvest.

These are just a few highlights. The list goes on and on. And on. In fact, almost half of the money raised by the state gas tax goes to projects and subsidies that have nothing to do with providing you and me with roads that don't resemble moonscapes.

It should be entertaining to see how state officials respond if a judge makes them roll back this tax increase. It's always a joy to watch real artists at work. The problem with your average con man is simply a lack of vision. Our state officials know how to play Three Card Monty on a grand scale. See? Nothing up their sleeves -- while they're reaching into your pocket. Again.

Tim O'Brien is the Executive Director of the Libertarian Party of Michigan.