Our CARB Overlords

People rightly complain about the federal government regulating – which is to say, controlling – practically everything. Well, how about California – as regards the cars you’re allowed to buy?

There is this thing called the California Air Resources  Board (CARB) which operates as a de facto Congress – for the entire country – as regards the cars we’re allowed to buy (and the electric care we’re being forced to buy) because the regulations it emits regarding which cars may (and may not be) be sold in the state effectively apply to every other state. The Politically Incorr... Thomas E. Woods Jr. Best Price: $1.51 Buy New $8.71 (as of 06:15 UTC - Details)

Because a majority of state governments (and their own regulatory apparats) decided to adopt and apply CARB’s regulatory emissions as their own. Thereby ceding the legislative function to a California bureaucracy that – in the very best light – emits regulations premised on conditions in California that are not warranted in Oregon, to cite one of the states that mirrors whatever CARB emits.

Keep in mind that no one in any of the states outside of CA had an opportunity to vote for – or against – CARB’s emissions. Their state overlords simply decided to mirror and impose them. So much for “our democracy.”

It began a long time ago – back in the ’70s – when CARB was created to deal with CA’s  air pollution problems, especially souther CA’s air pollution problems. In short order, CARB emitted regulations that effectively forced the car manufacturers to build vehicles specifically for California. These were called “California” cars at the time. They were fitted with different (more complex) emissions equipment than what were called “49 state” cars had to have at the time. Some “California” cars could not be sold with engines that were available in “49 state” cars because they could not comply with California’s standards.

One example being the “California” Chevy Corvette of this time, which was the only Corvette ever sold with a 5.0 (305 cubic inch) V8 rather than the 5.7 liter (350 cubic inch) V8 that was standard in “49 state” Corvettes. There were also deletions – equipment you could not get in “California” cars, such as the manual transmission that was available in 1979 Trans-Ams sold in the other 49 states but not in CA.

It was of course burdensome – and expensive – for the car manufacturers to make “California” cars and “49 state” cars. Eventually, the car manufacturers decided to make all their cars California compliant – and so now everyone pays more for CARB’s regulatory emissions when they buy a car. Pagan America: The Dec... Davidson, John Daniel Best Price: $16.40 Buy New $20.19 (as of 11:31 UTC - Details)

And that is how CARB operates as a de facto legislature for the entire country with regard to cars.

It raises interesting constitutional questions – as regards interstate commerce, specifically. Which – per the Constitution – is a federal rather than a state power. Bad enough that the federal regulatory apparat operates as a de facto legislature, having somehow acquired what amounts to the power to legislate. For what are regulations? Are they suggestions? Or do they have the force and effect of laws? The federal EPA has the power to enforce the regulations it emits – and has armed enforcers who do exactly that.

This is power to emit – and enforce – regulations is what might you might fairly call tyrannical since the regulatory apparats that emit them are not elected by anyone and so cannot be held accountable to the people who are under duress to comply with the regulations emitted. There is no way to directly vote a bureaucrat out of his office. Especially one emitting de facto laws in California that residents of other states are effectively forced to comply with (and pay for).

It is at the very least arguably unconstitutional – because California is a state and no state has the constitutional power to dictate the terms and conditions of commerce nationally.

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