California’s Mileage Tax: A Masterclass in Unconstitutionality

California—home to Silicon Valley, stunning coastlines, and now, a bold new attempt to tax residents into oblivion. The state’s latest initiative, the California Road Charge program, proposes taxing residents based on the miles they drive. Pitched as a necessary replacement for the state’s astronomical gas tax—already among the highest in the nation at 83.5 cents per gallon

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—let’s call this what it really is: a thinly veiled tax on the poor and working class, wrapped in the guise of progress.

A Hidden Tax on the Poor and Minorities

Let’s get one thing straight: a mileage tax is essentially a regressive tax, meaning it disproportionately impacts those with lower incomes. Who drives the most miles? The wealthy, working professionals commuting to corporate offices in Teslas? Hardly. It’s the working-class families, often living in areas with limited public transportation, who rely on their cars for survival. It’s the single mom commuting across town to a second job or the gig worker delivering food to make ends meet. This tax targets those already struggling to afford California’s sky-high living costs.

Minority communities are hit even harder. Historically underserved by public transit, many minorities rely on personal vehicles to access jobs, healthcare, and education. A mileage tax forces these communities to shoulder a disproportionate financial burden simply to participate in everyday life. While the wealthy can afford to absorb or even avoid these additional costs, the poor and minorities are left to make impossible choices.

Constitutional Concerns? Just Ignore Them

Oh, and let’s not forget the minor issue of constitutionality. The right to travel freely is a fundamental liberty protected under the Privileges and Immunities Clause of Article IV and the Due Process Clause of the 14th Amendment. The Supreme Court affirmed this in Crandall v. Nevada

Supreme Court of the United States

, making it clear that states cannot impose taxes or regulations that hinder this right. But why let constitutional protections get in the way of revenue generation?

By taxing every mile driven, California is effectively penalizing its residents for exercising their fundamental right to travel. The program not only creates financial barriers but also sets a chilling precedent for government overreach.

Privacy Is a Luxury, Apparently

To enforce this tax, the state offers tracking options ranging from plug-in devices to built-in vehicle tracking systems—or, if you’re feeling retro, manual odometer readings

California Department of Transportation

. These “solutions” aren’t just invasive; they’re a data security nightmare. Handing over real-time location and mileage data to the government or private companies opens the door to abuse, hacking, and surveillance. For those already marginalized, the fear of data misuse is yet another layer of oppression.

Public Transit Isn’t an Answer for Everyone

California might argue that expanding public transit is the solution, but let’s not kid ourselves. Public transit in many parts of the state is unreliable, underfunded, and inaccessible to those living in suburban or rural areas. For people in these communities, driving isn’t a luxury—it’s a necessity. A mileage tax punishes them for living in places where public transportation simply doesn’t exist.

The Rich Get a Free Pass

It’s no coincidence that the wealthy are barely inconvenienced by this proposal. Electric vehicles (EVs), often hailed as the solution to the gas tax shortfall, are already subsidized by taxpayers—many of whom can’t afford EVs themselves. Now, with a mileage tax, EV drivers can pat themselves on the back for being “environmentally friendly” while the working class foots the bill.

A Future of Surveillance and Inequity

California’s mileage tax isn’t just a bad idea—it’s a direct attack on the poor and minorities. It exacerbates existing inequalities, punishes those who can least afford it, and opens the door to unprecedented government surveillance. If this is the “progress” we’re supposed to embrace, perhaps it’s time to ask: progress for whom?

As more states consider similar programs, it’s critical to examine who these policies really serve. Are they funding infrastructure or lining the state’s coffers at the expense of its most vulnerable residents? Until we have answers, this so-called innovation is little more than a tax on survival.

The Real Road Ahead

California’s mileage tax is a wake-up call. It’s time to demand solutions that prioritize fairness, transparency, and equity—solutions that don’t penalize the people who can least afford to pay. Because when the freedom to travel becomes a privilege instead of a right, we’ve lost more than just a few cents per mile. We’ve lost the very foundation of what it means to live in a free society.