Highway Formula Fairness Act

The establishment and funding of highways, as instrumental to commerce among the states and the establishment of post roads, falls squarely within the enumerated powers of Congress. A measure adjusting the formula for apportioning federal highway funds among the states constitutes a legitimate exercise of the taxing and spending power for the general welfare, and regulation of interstate commerce, promoting the commercial intercourse essential to the union's vigor and security. Such legislative discretion in distributing revenues derived from general taxation ensures an energetic national gove…

The proposed 'Highway Formula Fairness Act' presumes a federal authority to apportion funds for highways among the states through formulas, an exercise of power nowhere enumerated in the Constitution. The federal compact grants Congress authority only over post roads incidental to the postal service and commerce among the states, not a general superintendence of internal highways, which are matters reserved to the states. Such legislation invades the sovereignty of the states by dictating the distribution of funds derived from taxes, compelling states to conform to federal schemes under threat…

The proposed legislation concerns the apportionment of funds for highways, which falls within the enumerated powers of Congress to lay and collect taxes for the general welfare and to establish post roads. Such internal improvements serving interstate communication and commerce are a national concern amenable to federal action, provided they do not infringe upon the reserved powers of the states. The formula for distribution lies within legislative discretion over appropriations, as the powers delegated to the federal government include provision for common objects like transportation infrastr…

The introduction and referral of the Highway Formula Fairness Act to committee falls within the legislative powers vested in Congress by the Constitution. Congress possesses authority to regulate commerce among the several States, which encompasses transportation infrastructure such as highways, as affirmed in Gibbons v. Ogden (1824), wherein the power over interstate commerce was held to be complete and exclusive. Moreover, the necessary and proper clause empowers Congress to enact laws essential to executing its enumerated powers, including those related to post roads and general welfare exp…