Adam MacLeod is an associate professor at Faulkner University’s Thomas Goode Jones School of Law and author of Property and Practical Reason (Cambridge University Press). He got a ticket because a camera took a picture of his car. He tells his story: That Time I Turned a Routine Traffic Ticket into the Constitutional Trial of the Century.
Traffic-camera laws seem like such minor, insignificant intrusions on liberty that few grasp their constitutional significance. But they reflect a profoundly mistaken view of American constitutionalism. One might say that the traffic camera is a sign of our times. Its widespread use and acceptance reveals how far we have drifted from our fundamental commitment to self-government. When our governing officials dismiss due process as mere semantics, when they exercise powers they don’t have and ignore duties they actually bear, and when we let them get away with it, we have ceased to be our own rulers.
When a cop admits to perjury on the witness stand, you know there is problem with the legal process. It is the “minor, insignificant intrusions on liberty” that flavor civil discourse and government effectiveness.
Think of this and the implications of the folks who decided to take the Dog Valley detour out of Verdi when I80 closed over the pass in the recent storm. There are all sorts of ways to get stuck in mud when driving.