Courts enforcing the Constitution in ending the Federal communications monopoly in 1982 resulted in a century of rotary telephones being replaced by the Internet. Millions of jobs were created digitizing communications.

Millions of jobs will be created converting the traffic costs ($1.7 trillion/year) into jobs following the enforcement of the Constitution's Preamble and specifically the "post Roads" restriction. States, not the Federal government, are sovereign over "internal improvements". This divided sovereignty is affirmed in Article 1.2 of the West Virginia Constitution.

/////////     Draft Executive Order to enforce the US and West Virginia Constitutions:     ////////

  1. WHEREAS, liberty is the source of the general welfare through tolerance of individuals offering choices and the people sorting those choices in the Darwinian crucible of free markets and free speech; and,
  2. WHEREAS, the Boston Tea Party was a demonstration against a government transportation monopoly that triggered a war; and,
  3. WHEREAS, the US Constitution is an enumerated powers document, where liberties and state sovereignties not enumerated as sacrificed to the Federal government, are retained by the people and states; and,
  4. WHEREAS, the US Constitution specifically forbids Federal taxing to build infrastructure beyond that required to defend free speech and mandates that every state be treated equally in commerce and infrastructure (post Roads and Ports Clauses); and,

Federalist #45: "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

  1. WHEREAS, Federal violation of the US Constitution implemented communications (President Wilson’s Executive Order July 22, 1918) and transportation monopolies (The Federal-Aid Highway Act of 1916) resulting in a century of rotary telephones and the 25 MPG efficiency of the Model-T; and,
  2. WHEREAS, Federal courts enforcing the US Constitution ended the Federal communications monopoly in 1982 resulting in millions of jobs innovating better products at lower costs; and,
  3. WHEREAS, 46% of the 400+ ton-mpg railroads were abandoned since The Federal-Aid Highway Act of 1944 removed efficiency as a market force; and,
  4. WHEREAS, the Federal highway monopoly has blocked the digitizing of transportation networks that began in 1972 with the Personal Rapid Transit (PRT) network in Morgantown, WV; and,

Tricia Nixon opened the Morgantown PRT on Oct. 24, 1972. It has since delivered 150 million passenger-miles with two minor injuries in 2016. In that same period of time, 1.8 million Americans died on roads.

Congressional Office of Technology Assessment Study PB-244854 (1974) documents how PRT networks could end American foreign-oil addiction and the hardships of the 1973 Oil Embargo. It warned of “institutional failures” within Federal management of infrastructure as a barrier to urban transportation innovation for "four to six decades".

  1. WHEREAS, the Federal highway monopoly created foreign oil addiction (7.2 million barrels/day week of May 17, 2019); and,
  2. WHEREAS, the highway bureaucracy ignored the calls to action by eight US Presidents to end foreign oil addiction and the sacrifice of soldiers buying time to answer those Presidents since 1991; and,
  3. WHEREAS, West Virginia has sovereignty over internal improvements, and all other aspects of welfare, under both the US and West Virginia Constitutions; and,
  4. WHEREAS, West Virginia regulation by the Division of Labor has a safety record 50,000-times better than Federal highway safety (0.9 versus 11,200 injuries per million); and,

NOW, THEREFORE, BE IT RESOLVED that the State of West Virginia shall grant Rights of Way access and regulate sustainable transportation networks based on:

    • Privately funded construction.
    • Operating without government subsidies.
    • Exceeding 120 passenger-miles per gallon efficiency (5 times standard).
    • Networks paying 5% of their gross revenues to the Rights of Way holders.
    • Complying with existing West Virginia regulations:

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Cost of violating the Constitution

  • Eight US Presidents issued, and the Federal bureaucratic monopolies ignored, calls to action to end foreign oil addiction.
  • Oil-dollars funded terrorist attacks on America.
  • American soldiers have been buying time with blood to end foreign oil addiction since 1991. Again, bureaucratic monopolies ignored the sacrifice.
  • Federal debt increased in tandem with buying foreign oil. Debt is the tax on future labor, a tax imposed on the labor of children without their consent.
  • Pollution from Federal monopolies that mandate burning oil to move two tons to move a person is tilting the balance of nature into Climate Change.

The Framers understood and wrote the Constitution to forbid Federal monopolies in transportation:

  • The Boston Tea Party was a demonstration against a government transportation monopoly that triggered a war.
  • To prevent rebuilding that path to war:
    • The Preamble divided sovereignty between the Federal government for war ("provide" defense) and the people and states for all else ("promote the general welfare" is a restriction from providing).
    • "post Roads" and "Ports" restrictions were voted into the Constitution on Sept 14, 1787, specifically because of the Boston Tea Party and George Mason's recognition that monopolies would result if the Federal government could tax to build roads beyond its obligation to defend free speech by assuring letters could be delivered.
    • Presidents issued 21 veto messages as powerful Congressmen (Henry Clay) had wanted to tax all Americans to special road projects in his Kentucky (pork projects).
    • Commerce Clause states clear limits on Federal involvement in commerce.
      • When the Confederate Constitution was written it clarified the intent of the framers and 21 Presidential vetoes to forbid Federal taxing to build highways and the monopoly risks associated:
        • (3) To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce; 

Violating the Constitution:

  • On Aug 1, 1918, by Executive Order, President Wilson nationalized communications as so began the century of rotary telephones under Federal monopoly. Courts declaring the Federal communications monopoly unconstitutional in 1982 allowed long-dormant innovations of the Internet to commercialize. Millions of jobs were created building better services at lower costs.
  • Using the term "natural monopoly" communications, power, and transportation infrastructure fell under Federal monopoles. The transportation monopoly began with the Federal-Aid Highway Act of 1916.
  • These monopolies violate the clear text of the Constitution and have resulted in perpetual oil-wars since 1991, oil-dollar funded terrorist attacks on America, and a century of the 25 mpg efficiency of the Model-T. Approximately 46% of 400+ ton-mpg freight railroads have been replaced by 25 mpg roads. Mass transit systems will tax all Americans to subsidize a loss of 80 cents of every dollar of operating costs.