Americans Shouldn't Have To Drive, But the Law Insists on It

An anonymous reader shares a report: In America, the freedom of movement comes with an asterisk: the obligation to drive. This truism has been echoed by the U.S. Supreme Court, which has pronounced car ownership a "virtual necessity." The Court's pronouncement is telling. Yes, in a sense, America is car-dependent by choice -- but it is also car-dependent by law. As I detail in a forthcoming journal article, over the course of several generations lawmakers rewrote the rules of American life to conform to the interests of Big Oil, the auto barons, and the car-loving 1 percenters of the Roaring Twenties. They gave legal force to a mind-set -- let's call it automobile supremacy -- that kills 40,000 Americans a year and seriously injures more than 4 million more. Include all those harmed by emissions and climate change, and the damage is even greater. As a teenager growing up in the shadow of Detroit, I had no reason to feel this was unjust, much less encouraged by law. It is both.

It's no secret that American public policy throughout the 20th century endorsed the car -- for instance, by building a massive network of urban and interstate highways at public expense. Less well understood is how the legal framework governing American life enforces dependency on the automobile. To begin with, mundane road regulations embed automobile supremacy into federal, state, and local law. But inequities in traffic regulation are only the beginning. Land-use law, criminal law, torts, insurance, vehicle safety regulations, even the tax code -- all these sources of law provide rewards to cooperate with what has become the dominant transport mode, and punishment for those who defy it.