Barrier:

A century of rotary telephones and 25 mpg transportation efficiency of the Model-T have the identical same cause and solution.

Details are provided below, but in summary:

  • Cause: Federal violation of the Constitution to create Federal communications, power, and transportation monopolies.
  • Solution: Enforce the Rule of Law as specified in the US and State Constitutions:
    • In the US Constitutional convention states voted 8 to 3 to forbid Federal taxing to build "internal improvements" to prevent rebuilding the path to war experienced during the Revolution. The Boston Tea Party was a demonstration against a government transportation monopoly that triggered that war.
      • Preamble limits Federal taxing to issues of war and forbids taxing to provide welfare.
      • "post Roads" restriction, Article I, Section 8.
      • "Ports" restriction, Article 1, Section 9.
      • Commerce Clause
      • Necessary and Proper Clause

Congressional Office of Technology Assessment study: PB-244854, Page 41, 1974:

Urban transportation technology has advanced at such a slow pace that prevailing systems are almost indistinguishable from their counterparts of four to six decades ago (aside from some relatively minor cosmetic changes). However, the lack of progress is not a result of failure to advance technology. Much advanced transportation technology exists. Rather, it is a failure to devise effective ways to introduce the technology into urban transportation.

This failure stems from a lack of understanding by UMTA [responsible Federal agency] of the capabilities of the private sector and local transportation authorities and UMTA’S underestimation of the difficulties inherent in developing and implementing reliable and cost effective new systems.

Add 45 years to the "four to six decades" of government regulatory barriers to innovation. We saw this same barrier in the century of rotary telephones under an unconstitutional Federal monopoly. The Federal government was created in war, to wage war. Its nature and duty are to minimize war by coercing compliance with law.

Innovation is a compliance failure. When the Federal government controls the means of production, liberty to innovate is denied.

PB-244854

To mitigate hardships suffered during the 1973 Oil Embargo the Congressional Office of Technology Assessment published PB-244854 in 1974.

  • It identified Personal Rapid Transit and Automated Guideways as the likely solution to ending America's urban traffic congestion and foreign oil addiction. JPods and Hyperloops are modern versions of such podcar networks.
  • On Page 41 it identified that Federal bureaucracy was the likely barrier and had been the barrier to such innovation for 4 to 6 decades. Now in 2020, 46 years of barriers have been added to the 4-6 decades:

Page 41:

Chapter 3: Major Problems in Automated Guideway Transit

INSTITUTIONAL

Compared with many other areas of entrepreneurial endeavor, the environment for innovation in transportation should be favorable. Urban transportation needs are extensive. Production of transporta- tion hardware is dominated by relatively large and well en owed companies with much experience in the research and development process. Given these conditions, one would expect the state of the art of urban transportation technology to be highly advanced. The actual situation, however, is quite the opposite.

Urban transportation technology has advanced at such a slow pace that prevailing systems are almost indistinguishable from their counterparts of four to six decades ago (aside from some relatively minor cosmetic changes). However, the lack of progress is not a result of failure to advance technology. Much advanced transportation technology exists. Rather, it is a failure to devise effective ways to introduce the technology into urban transportation.

This failure stems from a lack of understanding by UMTA of the capabilities of the private sector and local transportation authorities and UMTA’S underestimation of the difficulties inherent in developing and implementing reliable and cost effective new systems. In retro- spect, the new systems efforts have served not to stimulate interest in new technology but to discourage already reluctant local transit operators from considering it. The lessons of BART, Morgantown and AIRTRANS have not been lost on UMTA’S capital grants office which is now, understandably, reluctant to consider forms of AGT for capital grants funding. In addition to this limitation of the market, certain practices of the Federal government further discourage initiative within the supply industry.

There are two areas in which the federal government could move to eliminate existing barriers to AGT innovation: contractual practices and capital grant procedures. Additionally, some of the institutional arrangements for system development adopted abroad are worthy of serious consideration in this country.

Metrics of how noxious bureaucratic monopolies are to a sustainable and safe future.

Eight Presidents noted foreign oil addiction as a direct threat to national security since 1973. Yet for 47 years Federal infrastructure policies have done nothing to reduce this addiction. Since The Federal-Aid Highway Act of 1916 began violating the Constitution's "post Roads" restriction:

  • The Federal government has locked in the 25 mpg efficiency of the Model-T.
  • Approximately 46% of the 400+ ton-mpg (link) freight railroads have been replaced by 25 mpg roads.
  • Since The Federal-Aid Highway Act of 1956, American cities have sprawled like no others in the world forcing American families to own 1.8 cars to be economically competitive. Those who are too young, old, poor, or disabled are disadvantaged by Federal policy.

Lesson from the Internet

Similar to the century without transportation innovation, until 1982 there was nearly a century of rotary telephones. In 1982 that Federal monopoly was declared unconstitutional. With liberty to innovate restored, millions of jobs and vast wealth were created as communications digitized to provide better services at lower costs.

Ending the unconstitutional Federal highway monopoly will restore liberty to innovate transportation. As with communications, once liberty is restored millions of jobs and vast wealth were created digitized mobility to provide better services at lower costs. Link to Red Bull TV documentary on The Future of Transportation. This forecasts how:

  • Hyperloops will be the "fiber optics", high-speed aspect of a physical version of the Internet between cities.
  • JPods will be the "WiFi", local area urban networks of the Physical Internet®.
  • Self-driving cars, scooters, Uber will be the "BlueTooth", last-device.

Enforcing the "post Roads" Restriction

The Boston Tea Party was a demonstration against a government transportation monopoly that triggered a war. To preempt rebuilding that path to war, the "post Roads" and "Ports" restrictions were voted into the Constitution on Sept 14, 1787 forbidding Federal taxing and building highways and canals beyond what was required to defend free speech. The US Constitution is an enumerated powers document. Powers not enumerate are forbidden. As 21 Presidential veto messages make clear, the current Federal highway system is unconstitutional.

Climate Change, perpetual oil wars since 1991, oil-dollar funded terrorist attack on America, and $23 trillion in Federal debt buying foreign oil and fighting oil wars are violations of the Preamble, Necessary and Proper, and Commerce Clauses. These clauses are restated in Amendments 9 and 10 of the Bill of Rights.

State Constitution

To prevent the defect of government monopolies approximately 34 state constitutions specifically forbid them. Examples:

  • Arkansas: Article 2, Bill of Rights, 19. "Perpetuities and monopolies. Perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emoluments, privileges or honors ever be granted or conferred in this State."
  • Georgia: Article I, Bill of Rights, Section VI, Paragraph V: "Shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of encouraging a monopoly, which is hereby declared to be unlawful and void."
  • Maryland: Article. 41. "That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered."
  • Massachusetts, Article 6: "No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges."
  • North Carolina: Article 1, Sec. 34. Perpetuities and monopolies. "Perpetuities and monopolies are contrary to the genius of a free state and shall not be allowed."
  • Oklahoma: Article II, Bill of Rights, SECTION II-32. "Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State."
  • Wyoming: Art. 1, 30. Monopolies and perpetuities prohibited. "Perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed. Corporations being creatures of the state, endowed for the public good with a portion of its sovereign powers, must be subject to its control."