Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.3 4.3bsd-beta 6/6/85; site dg_rtp.UUCP Path: utzoo!linus!decvax!mcnc!rti-sel!dg_rtp!goudreau From: goudreau@dg_rtp.UUCP Newsgroups: net.auto Subject: Re: 65MPH Message-ID: <174@dg_rtp.UUCP> Date: Sun, 23-Feb-86 18:11:06 EST Article-I.D.: dg_rtp.174 Posted: Sun Feb 23 18:11:06 1986 Date-Received: Wed, 26-Feb-86 06:56:10 EST References: <594@drutx.UUCP> Reply-To: goudreau@dg_rtp.UUCP (Bob Goudreau) Organization: Data General, RTP North Carolina Lines: 49 In article <594@drutx.UUCP> pagiven@drutx.UUCP (GivenP) writes: >There is one issue, however, that I have not seen discussed here, >or more generally, in any of the popular media. And that is a >State's rights issue. The Federal government has been granted cer- >tain powers by the Consitution of the United States and ALL other >powers are resevered for the several States. Although I confess >complete ignorance of Constitutional law, I submit to you, gentle >reader, that adjusting automobile speed limits is not one of those >special powers granted to our central government. > >The setting of speed limits, if any, is, I believe, a proper ques- >tion for the consideration of State governments. The State, may or >may not in its wisdom, cede this power to County or local govern- >ment. The State may even use a national paradigm for speed limits, >as in criminal justice, if it so chooses. > >It seems to me that the States acquiesce because catching speeders >represents a good revenue source for the State (the irresistible >temptation for some to exceed 55 MPH on roads clearly designed for >faster travel, creates a class of violators from which the police >can easily cull the unwary) without having to answer to the people >directly; after all, it IS a Federally mandated law! I personally >cannot seriously believe that there is any one, universal, good and >proper speed limit for everywhere in the United States. Actually, any state is free to set its own speed limits, even in excess of 55 mph. Likewise, a state may set its own drinking age, even below 21. But in either case the state risks losing Federal Highway Funding. The laws passed by Congress didn't say "the speed limit is hereby set to 55 mph;" they basically said, "any state which doesn't set its [ speed limit | drinking age ] to by will have of its Federal Highway funds cut off." It was then up to each state legislature to implement (or not) these "suggestions" as it saw fit. (Also, it isn't enough for the state to merely *set* the limit and then ignore it; it must demonstrate a certain level of compliance with the law.) So, the basic question for California is "Does the cost of enforcing 55 mph exceed the amount of money we'd lose from the Feds if we went to 65?" The state legislature may well decide the answer is "yes". By the way, I agree with you about the (dubious) usefulness of one national speed limit. States seemed to deal well with setting their own in the good old days. It still works that way at the provincial level in Canada. How do we go about getting Congress to repeal this legislation? Reagan used to mention this as one of his objectives, but I haven't heard anything since his 1980 Campaign. Are there any members of Congress who are willing to introduce this sort of bill? Bob Goudreau