The Birth of the Living Constitution

What’s the proper method for interpreting the U.S. Constitution? Should it be viewed according to its original meaning? Or should the document be viewed in the light of contemporary conditions? If you answered no to the second question and yes to the third, you may be a living constitutionalist.

As Georgetown law professor Larry Solum explains in a fascinating new article at his Legal Theory Blog, “living constitutionalism is the view that the legal content of constitutional doctrine does and should change in response to changing circumstances and values.” This view has been around for a long time. According to Solum, the phrase itself apparently dates back to a 1927 book titled The Living Constitution, though it was the influential progressive historian Charles Beard who first took the phrase and really ran with it. “Since most of the words and phrases dealing with the powers and the limits of government are vague and must in practice be interpreted by human beings,” Beard wrote in 1936, “it follows that the Constitution as practice is a living thing.”

If you have any interest in U.S. legal history, Solum’s article is well worth your time. But I was surprised to find that Solum made no mention of Woodrow Wilson, who must surely rank as one of the most important early theorists of living constitutionalism. For example, in his 1885 book Congressional Government, Wilson argued that the Constitution must be able to “adapt itself to the new conditions of an advancing society” or else it would be worthless to that society. “If it could not stretch itself to the measure of the times,” Wilson wrote of the Constitution, it “must be thrown off and left behind, as a bygone device.”

The idea of throwing off the Constitution as a bygone device proved to be extremely influential on Wilson’s intellectual heirs during the New Deal period. For example, in 1935 the U.S. Supreme Court struck down the National Industrial Recovery Act on the grounds that Congress’s power “to regulate commerce…among the several states” did not extend so far as to allow Congress to regulate certain economic activities that never crossed any state lines whatsoever. According to the Court’s 9-0 ruling in Schechter Poultry Co. v. United States, “extraordinary conditions do not create or enlarge constitutional power.”

In response to that decision, President Franklin Roosevelt took a page from Woodrow Wilson and blasted the Court for adhering to the out-of-date constitutional limits originally set by the Commerce Clause. “The country was in the horse-and-buggy age when that clause was written,” Roosevelt complained. As far as FDR was concerned, the justices should be using a very different method of legal interpretation, one that would “view the interstate commerce clause in the light of present-day civilization.” In short: living constitutionalism.

To make a long story short, Roosevelt lost that case but his (and Wilson’s) views prevailed in the long run. For better or worse, living constitutionalism is now one of the dominant methods of legal interpretation in American law.

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Vancouver House For Sale: Only 2,099 Bitcoin

In February 2016 we explained, correctly in retrospect, that the reason behind the unprecedented surge in Vancouver home prices was the seemingly constant flood of “hot Chinese money” desperate to park itself as far away from China’s banking system, and into offshore real-estate. This is how we laid out the stylized sequence of events that culminated with Vancouver home prices surging by over 20%:

  1. Chinese investors smuggled out millions in embezzled cash, hot money or perfectly legal funds, bypassing the $50,000/year limit in legal capital outflows.
  2. They make “all cash” purchases, usually sight unseen, using third parties intermediaries to preserve their anonymity, or directly in person, in cities like Vancouver, New York, London or San Francisco.
  3. The house becomes a new “Swiss bank account”, providing the promise of an anonymous store of value and retaining the cash equivalent value of the original capital outflow.
  4. Then the owners disappear, never to be heard from or seen again.

Separately, in mid-2015, when bitcoin was still trading in the low $200s, we also predicted that in an attempt to bypass China’s increasingly more draconian capital controls, Chinese oligarchs and ordinary savers would increasingly turn to what at the time was a largely unregulated medium of exchange: bitcoin.

we would not be surprised to see another push higher in the value of bitcoin: it was earlier this summer when the digital currency, which can bypass capital controls and national borders with the click of a button, surged on Grexit concerns and fears a Drachma return would crush the savings of an entire nation. Since then, BTC has dropped (in no small part as a result of the previously documented “forking” with Bitcoin XT), however if a few hundred million Chinese decide that the time has come to use bitcoin as the capital controls bypassing currency of choice, and decide to invest even a tiny fraction of the $22 trillion in Chinese deposits in bitcoin (whose total market cap at last check was just over $3 billion), sit back and watch as we witness the second coming of the bitcoin bubble, one which could make the previous all time highs in the digital currency, seems like a low print.

With one bitcoin now going for roughly $1,800 – and with the PBOC repeatedly cracking down on all forms of bitcoin cross-border flow – this prediction also turned out to be right.

So putting the two together, at least one enterprising Canadian homeowner has decided to make life for potential Chinese buyers especially easy, and in a posting on the Hong Kong edition of Craigslist, has listed a relatively modest Vancouver house for the price of 2,099 bitcoin.

Bitcoin New House for sale 2099 btc (Vancouver,Canada)

 

Brand new house for sale in Vancouver, British Columbia, Canada. One of the hottest markets on the planet,Voted #1 place to live in the world. Bitcoin and Ethereal accepted.2099 btc.

 

For more information please respond to Ad. The house is located in Coquitlam.

 

At today’s exchange rate of US$1,737 for one bitcoin, the US dollar equivalent price is roughly $3.6 million or C$4.9 million. So what does nearly five million Canadian dollars buy enterprising Chinese investors who are willing to pay up for the convenience of bypassing currency conversion into Canadian dollars altogether? This:

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Caught On Video In Greece: Golden Dawn MP Attacks New Democracy Group Leader

Submitted by Keep Talking Greece

An unprecedented incident took place in the Greek Parliament earlier on Monday. At least one Golden Dawn MP verbally and physically attacked the leader of the parliamentary group of New Democracy. The incident occurred in front of the cameras as the debate carried out at the economic parliamentary committee on the new austerity package is being transmitted live.

Golden Dawn MP Ilias Kasidiaris was speaking in the Parliament demanding rejecting the urgent procedures under which the new austerity package was brought to the Parliament.

At this point, the former minister and parliamentary group leader of New Democracy, Nikos Dendias passed in front of Kasidiaris.

“Go away! Don’t you see that I am speaking?” Kasidiaris shouted at Dendias who stepped back and stood in front of the GD MP thus telling him something the cameras did not catch. GD MP Lagos stood up and obviously took position to defend Kasidiaris.

“What’s this attitude?” Kasidiaris shouted at the ND lawmaker. The Parliament TV zoomed out, a loud noise went through the hall, all members of the parliament stood up and looked towards the back seats where the incident took place.

Acting parliament speaker, Makis Balaouras, started to scream “Guard! Guard! Guard!”. A pandemonium broke out. “Mr Kasidiaris is expelled!” the parliament speaking screamed outloud as if in panic. He kept calling for the guards to take Kasidiaris out. “Where is the guard! Please! Guard! Where’s the guard?” Balaouras shouted “Guards to take out Kasidiaris!”

The live transmission was cut.

Some media reported that there was a sound like a slap to be heard on the live transmission.  

Some eye-witness described the incident saying “the GD MP used verbal and physical violence,” or that he “violently pushed away” Dendias.

On the video, two GD MPs are head telling Dendias to “Come, get out of here!”

Taking the floor after the incident, GD MP Yiannis Lagos indirectly admitted the incident saying “This is democratization a la carte. An incident took place and everyone of you condemned it. But you forget that two years ago, because of this gentleman and of Samaras, Kasidiaris and some of use landed in prison without evidence. Which of the two is violence?”

Lagos warned the lawmakers that “if it wasn’t for the Golden Dawn MPs and Kasidiaris to show self-discipline you would be running away right now.”

Many lawmakers, including some of New Democracy and other parties refrained from saying the word ‘slap’ as ‘this would humiliate the Greek parliament’ as they said.

The parliament speaker asked Kasidiaris to be expelled from the Parliament and be fined. A relevant motions is being currently discussed in the parliament.

Addressing the parliament, Nikos Dendias, said the crime he committed was to pass in front of Kasidiaris. “Everybody saw what happened,” Dendias said.

“We will not allow these fascist behaviors,” said SYRIZA MP Nikos Mantas.

Makis Voridis form ND asked the whole parliamentary group of Golden Dawn to be expelled.

“An MP in the Parliament uses physical violence, this behavior is unacceptable, it humiliates the House” former PASOK minister Andreas Lovers stresses asking that Kasidiaris will be expelled.

Speaking to Skai TV, Loverdos said, he hoped the television cameras did not record the details of the incident as this would humiliate the Parliament.

It is not the first time, Golden Dawn MPs show bully behavior in the Parliament. They used to swear and verbally attack anyone, until the trial against them started.

State ERT TV reports that the whole Golden Dawn parliamentary group was expelled from the parliamentary committee. ERT reporter confirms the physical attack saying that Dendias lost his balance and almost fell on a Parliament seat.

There are reports that the GD MPs threw bottles of waters.

Kasidiaris’ verbal attack was apparently so vulgar that no Greek media dares to report about it.

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Ann Coulter Turns On Trump: “This Is The Great Negotiator?”

Ann Coulter was a Trump believer from the beginning.  As far back at June 2015 she predicted a Trump victory on the Bill Maher show and was openly mocked by the audience and other panelists.  But, turns out she was quite right.

 

Coulter even went on to publish a book entitled “In Trump We Trust” which she hailed as the story of a “one-man wrecking ball against our dysfunctional and corrupt establishment.” 

But, after a series of flip-flops on everything from the timing of the border wall to the ‘obsolescence’ of NATO, Coulter is growing a little weary of waiting on Trump to deliver on campaign promises.

Sitting down for an interview with the Daily Caller, Coulter said she’s “not very happy with what has happened so far” and asked “is the great negotiator?”

Uhhhh. I’m not very happy with what has happened so far. I guess we have to try to push him to keep his promises. But this isn’t North Korea, and if he doesn’t keep his promises I’m out. This is why we voted for him. I think everyone who voted for him knew his personality was grotesque, it was the issues.

 

I hate to say it, but I agree with every line in my friend Frank Bruni’s op-ed in The New York Times today. Where is the great negotiation? Where is the bull in the china shop we wanted? That budget the Republicans pushed through was like a practical joke… Did we win anything? And this is the great negotiator?

 

We had no choice. Yeah, I mean my fingers are still crossed, it’s not like I’m out yet, but boy things don’t look good. I’ve said to other people, “It’s as if we’re in Chicago and Trump tells us he’s going to get us to LA in six days. But for the first three days we are driving towards New York. Yes it is true he can still turn around and get us to LA in three days, but I’m a little nervous.

Asked why she thought Trump was failing, Coulter blamed a lack of “professional” political experience and a Washington establishment intent upon bringing down his administration.

“…just put it down to him not being a professional politician and having to come into the presidency with no support network, with all of official Washington against him.

 

I do of course blame Congress most of all. They are swine. They only care about their own careers. Who knows how much of it is corruption and how much of it is pure stupidity. People should start sending Paul Ryan bricks to indicate how much we want the wall.

 

They are the opposition party to Donald Trump. This is really something we’ve never seen before. The president stands alone, it’s his own political party, he’s Gary Cooper. All we have is millions of Americans behind him, but he doesn’t have anybody in Washington behind him.

Coulter

 

Meanwhile, Coulter also took a shot at Trump’s new National Security Advisor H. R. McMaster for coming off as a caricature of a “stupid Republican” with his pronunciation of “Murica”…

It’s just that it has been such a disaster so far, and that General Kelly is so preposterous, and McMaster — did you see him at that press conference? I thought he was retarded. You have to link to that video.

 

I’ve never actually heard anyone other than liberals mocking their idea of a stupid Republican say, “Murica.”

…something we also noted last week…

“But his pronunciation of “Muricah” stole the spotlight…”

 

And while Coulter said she’s still holding out ‘hope’ for the Trump presidency, a dangerous thing when it comes to Washington D.C. and politicians, she concluded by saying, “I think all of the Trump true believers are petrified.”

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State Troopers Wrote 12,000+ More Tickets in NYC So Far This Year Than All of Last Year

State troopers posted in New York City have written nearly 800 percent more tickets this year than they did in all of 2016, according to The New York Post; state troopers had written just 4 tickets in 2015 and none in 2014. State troopers also made nearly 50 percent more arrests this year than in all of last year, with 63 people arrested so far—there were none in 2015.

New York’s governor, Democrat Andrew Cuomo, sent 150 state troopers into New York City in December, with The Post reporting that the deployment had two goals: “to haul in revenue to state coffers, and rankle ­rival Mayor de Blasio, ­according to observers.”

The Post estimates that the state troopers have raised more than $3 million from writing tickets in the city—speeding tickets are $203, with $88 going to the state, while tickets for using a cellphone while driving are $288.

The governor’s office insists the extra deployment of troopers in New York City was because of “worldwide terror threats that targeted infrastructure and to catch scofflaws when the state moved to congestion alleviating cashless tolling,” as Richard Azzopardi, a spokesperson for the governor, told The Post. A state police spokesperson, meanwhile, said that the “simple answer to why there are more tickets is we weren’t on bridges and tunnels and now we are.”

A criminology professor, Eugene O’Donnell, pointed out to The Post that “putting primarily rural and traffic-oriented. . . troopers into an urban environment should be done with the greatest care and collaboration” and not for “political point scoring,” likening Cuomo’s actions, “using law enforcement to do political machinations,” to those of New Jersey Governor Chris Christie (R).

Azzopardi insisted to The Post that O’Donnell, who he called”a so-called expert,” didn’t know “the first thing about state police training because there are state troopers in other cities in New York. New York City has 8 million residents. The next largest city in New York is Buffalo, with a population of 261,130. Azzopardi’s suggestion that policing in both cities would involve the same kind of training is troubling.

h/t Chad

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The Math Behind OPEC’s Revised Production Cut Still Does Not Work

“Whatever it takes.”

Saudi Energy Minister Khalid al-Falih and Russia’s Energy Minister Alexander Novak

That’s what Saudi Energy Minister Khalid al-Falih and his Russian counterpart Alexander Novak said in a statement overnight in Beijing they would to reduce the global oil inventory overhang, using the immortal phrase coined by ECB President Mario Draghi five years ago in his successful bid to defend the euro. For OPEC, however, “whatever it takes” may not be enough.

As reported earlier oil surged today, with Brent rising above its 50 and 200 DMA, after Saudi Arabia and Russia announced an agreement that the OPEC production cuts of 1.2MMbbls agreed upon last year in Vienna, should be extended through the end of the first quarter of 2018, effectively assuring that the May 25 OPEC summit later this month will agree on the same. There is, however, a problem: based on the simple math, a simple extension will not be nearly enough to bring the oil market back into balance. 

First there is the problem of excess supply, and not just resurgent US shale production, which is set to surpass an all time high 10 million barrels per day in the near future.

Over the weekend, Libya – the OPEC member with Africa’s largest crude reserves – announced it was pumping more than 814,000 barrels a day, thanks mostly to rising output from two fields that re-started last month, Jadalla Alaokali, a board member at the National Oil Corp., told Bloomberg on Sunday. At the end of April, Libya was producing about 700,000 barrels a day.

While output from the politically divided country is at its highest since October 2014 when it pumped 850,000 barrels a day, in an ideal world its output could grow substantially from here. Prior to the Arab Spring uprising, Libya – which together with Iran and Nigeria was exempted from OPEC’s cuts due to internal strife – pumped as much as 1.6 million barrels a day. It’s targeting production of 1.32 million barrels a day by the end of this year, the NOC said last week in a statement, some 500kb/d higher.

Then there is Nigeria, where the Forcados pipeline came back online last week and the Qua Iboe pipeline is being tested currently, with both together allowing output to reach its pre-disruption level of 1.8 mb/d. The oil ministry said that Nigerian oil output averaged 1.45mb/d suggesting an increase of 300kb/s in the near future is all too possible absent another set of production disruptions.

Of course, in the interim, North American output is booming, and where according to Baker Hughes, the number of US rigs has risen for 17 consecutive weeks, the highest level since the week of April 17, 2015, and the longest stretch of increases in six years.

 

Furthermore, the U.S. DOE recently published a new forecast that revised the country’s oil output up yet again. And yes, it was revised higher. Crude-oil production is now expected to rise by 960,000 barrels a day between December 2016 and December 2017. That compares with a 210,00 barrel a day increase it foresaw just before OPEC’s November gathering. Add in a 470,000 barrel a day ramp up in the production of natural gas liquids, and OPEC’s entire cut is more than offset.

Then there is OPEC’s own forecast, according to which the cartel trimmed its estimate of the need for OPEC crude this year by 300,000 barrels a day. At that level of production – 31.92 million barrels a day – inventories will remain static, assuming demand and non-OPEC supply forecasts are correct. As a reminder, based on secondary sources, OPEC produced 31.74 million barrels a day in April. According to Bloomberg’s Julian Lee, simply rolling that level forward for another six months will exhaust the excess at an average rate of 722,000 barrels a day in the second half and will see about 120 million barrels removed from inventories in the nine months begun at the end of March. “That may seem like a lot, but OPEC puts the excess at the end of the first quarter at 276 million barrels — and that’s just in the developed countries of the OECD.”

Then there is the question of demand.

We look at India first, where as Reuters’ Christopher Johnson points out, citing JBC numbers, oil demand growth continues to slow and is now expected to be only 185,000bpd this year, vs 290,000 in 2016.

Then there is China, where oil imports likewise declined from record highs according to the latest trade data. Buying by China, which overtook the U.S. during the first quarter as the world’s biggest importer, averaged 8.4 million barrels a day in April, down 8.8% from a record the previous month. At the same time, net exports of oil products fell almost 49% from March to 1.01 million tons

The import decline from a record in March was due to seasonal refining maintenance picking up and independent processors, known as teapots, reaching their buying quotas, according to Jean Zou, an analyst at Shanghai-based commodities researcher ICIS-China. “Teapot buying in April eased a bit after the high level in March,” Zou said. Imports last month by the independent refiners in Shandong province, where the majority are based, dropped to about 7.8 million metric tons, from 9.9 million in March, she said.

However, even that may mask the true level of underlying demand.

According to researcher SCI99, crude inventories at major ports in Shandong province in East China rose to 9-month high last week, suggesting that much of the newly imported oil is simply being held in inert storage with little downstream demand. Echoing what Zou said, energy research consultancy Energy Aspects said that the increase of crude inventories at major ports in Shandong is linked to uncertainty over import quotas for teapot refiners. “The quotas are a key factor in this build-up,” analyst Michal Meidan said in emailed response to questions Friday, and added that refinery maintenance could also be a factor.

Making matters worse, according to a BMI Research note on Monday, a second round of quotas for Chinese independent refiners won’t provide a “significant” boost to nation’s imports. As a result, the scope for government-set quotas surprising to the upside remains low as Beijing moves to gradually curb import quotas allocated to domestic refiners to manage a persistent refined fuels glut at home.

More to the matter at hand, China’s decision to keep restrictions on teapots from exporting refined fuels independently for 2nd consecutive quarter could also lead to lower crude runs, as exporting fuels through state-owned cos. is both costly and cumbersome, and as competition intensifies in domestic market.

And with a mini-glut of upstream crude already piled up, Chinese demand over the next few months will surely dip, especially if recent teapot quotas are not restored.

* * *

As a result, simply adding up the supply increases among Libya, Nigeria, Iran and US production, offset by the demand reduction in India and China means that merely extending the cuts won’t bring oil inventories anywhere close to their five-year average level by the end of December, or even end of March. And, as Bloomberg’s Lee also notes, “let’s set aside the fact that the five-year average has been inflated by two years of surplus, which means stockpiles will have to come down significantly below that to return to normal levels.”

So what does OPEC need to do in addition to extending production cuts? The answer: it needs to double them.

According to Bloomberg calculations, OPEC’s own numbers show the group needs to limit its total production to 30.88 million barrels a day from July to deplete the excess OECD inventory – a decrease of 900,000 barrels a day from current levels. But with Libya and Nigeria, which are exempt from the supply-reduction deal, both restoring production after months-long disruptions, deeper cuts will be required still.

Lee’s conclusion: “If OPEC wants to drain surplus inventories by the end of the year, its members are going to have to accept some real pain. Even then, the risk is that their actions spur more supply from U.S. shale. It’s time for some tough decisions.”

Finally, none other than Goldman confirmed as much in a note earlier today, when it specified the two conditions OPEC’s production cut will need to meet for the revised extension cuts to work:

For the strategy to work we believe that (1) compliance needs to remain high and (2) long-term oil prices need to remain low to prevent shale producers from ramping up investment significantly more. In fact, an extension of the cuts should go hand in hand with guidance of future production increases by low cost producers, in our view, with an already notable emphasis by Saudi and others that oil prices will likely remain in a $45-55/bbl long-term range, in line with our forecasts

It will take the market time to digest the unrevised math, not to mention the Saudi unwillingness to “accept some real pain.” Until then, we expect algos to ignite a buying frenzy every time bullish OPEC headlines cross the tape, as has been the case for the past year. In the meantime, having flipped from near-record long positions, futures specs have seen their net long positions tumble in recent weeks. We expect this to reverse as the momentum resumes chasing price higher once again, until yet another surge in bullishness leads to mass liquidations, resulting in yet another mini flash crash such as the one observed two weeks ago when Pierre Andurand – one of the world’s biggest oil bulls and largest oil hedge fund traders – ended up liquidating his long positions.

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Too Far, Too Fast? Strategists Expect European Stocks To Tumble By Year-End

Equity strategists are cooling on the prospects for further gains in European stocks just as investors poured a record amount of money into the region’s equity funds…

After a French election victory for centrist Emmanuel Macron and analysts suggesting that optimism over better profits is largely priced in, forecasters now see fewer triggers for the rally to continue in 2017.

Equity strategists, “having been torched for their prior optimism in the past, might be cautious in continuing to call Europe up after a very good run,” saidMichael Ingram, a market strategist at BGC Partners in London.

 

“It’s difficult to identify any near-term catalysts for continued outperformance as most of the political tripwires appear to have been negotiated, easy monetary policy is priced in and the European earnings season is essentially done.”

As Bloomberg reports, the Euro Stoxx 50 Index of the biggest euro-area stocks will finish the year at 3,498, 3.8 percent lower than Friday’s close, according to the average in asurvey of 15 banks compiled by Bloomberg. For the Stoxx 600, nine banks expect the gauge to end the year 2.4 percent lower than Friday’s level, a mean of their predictions shows.

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Good Sense on Immigration Among Republicans Is Not Dead: New at Reason

Finally, Republicans have come up with a decent plan to fix immigration, notes Reason Foundation Senior Analyst Shikha Dalmia. Or at least Wallsome of them have. Wisconsin’s Sen. Ron Johnson introduced a bill in the Senate Judiciary Committee to give states more authority in recruiting foreign workers and Colorado’s Rep. Ken Buck in the House. Their bills, which are modeled after Canada’s Provincial Nominee Program, would give states a set quota to sponsor foreigners that best meet their local labor needs. They are modest, to be sure. But they are still a giant step in the right direction because they at least eschew the zero-sum logic of fences and walls. They also sidestep Washington’s messy politics that have stymied reform and let states make their own bets about immigrants.

View this article.

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Here’s Why You’ll Pay Higher Gas Prices Whatever The Market

Authored by Irina Slav via OilPrice.com,

The average gasoline tax in the U.S. is 49.5 cents per gallon, according to data from the American Petroleum Institute. That’s not too bad as far as averages go, but it has been climbing over the last five years and it will continue rising as states lose hope that the federal government will chip in for infrastructure construction and maintenance, and transportation.

Washington has been wary of raising the federal fuel tax. So wary, in fact, that the last time it adjusted the rate was more than two decades ago. Meanwhile, international oil prices have been jumping up and down, cars have become much more fuel efficient, and inflation has been biting into state income from gas taxes. In addition, there is a whole new challenge in the shape of electric vehicles that in the future will increasingly undermine fuel sales income for states.

Left with no options, 22 states have raised their fuel tax since 2012 and more will likely resort to the unpopular measure in the coming years. Since January 2017, Governing magazine notes, three states have passed laws to increase the gas excise tax: California, Tennessee, and Indiana. In California, the total tax, state plus federal, is now 57.20 cents per gallon. In Tennessee, the figure is 39.80 cents. In Indiana, the overall tax consumers pay on a gallon of gas is 51.24 cents.

According to one research organization, the Institute on Taxation and Economic Policy, the number of states that have already introduced higher gas taxes is unusual, and what’s more, this number will continue to rise, with another seven states likely to pass higher gas tax laws before the end of the year: Alaska, Louisiana, Wisconsin, South Carolina, Oregon, and Oklahoma, and West Virginia. Why? Because, although taxpayers can hardly be too happy about it, business groups are backing the higher taxes, ITEP analyst Carl Davies.

It’s a simple truth, though not a widely liked one, that states—and national governments—need income from taxes to produce goods and services for the people who pay the taxes. While it’s true that in the last decade there have been good reasons to keep prices at the pump steadily taxed, now that demand for road infrastructure and transport services is growing, states are finding themselves short of the money needed to respond to this demand.

The Great Recession saw prices shoot up to above US$3 per gallon, and by 2014 they’d gone above US$3.50 per gallon. That would have been a very bad time to even consider raising the tax. Yet now prices are at historic lows thanks to shale and to a global glut. In fact, prices are so low that on some part of the States, rivalry between two or more gas stations has led to prices as low as US$0.95 and even US$0.78 per gallon. True, these extremes were touched for a few hours but they are indicative of price developments prompted by global fundamental trends.

So, drivers across the states that have not yet hiked their gas tax can reasonably expect that, in the not too distant future, they will have to pay more for gas, regardless of which way global prices go. That’s the bad news. The good news is that these global prices are unlikely to go much higher than they are now, as long as shale producers continue ramping up their output and lowering production prices. Unless, of course, it turns out that the shale boom is actually a bubble as some observers argue.

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