Stephan,

I understand that you don’t necessarily mean to endorse the argument you are presenting. But, just to get clear on the details of the setup:

1. In the argument, as presented, the people who you claim to be the rightful owners of the road system are “U.S. taxpayers” (since it was their money that was stolen to build and maintain the roads). You then suggest that this is a reason why rules of the road could legitimately be adopted which exclude or condition access for “outsiders,” which apparently you read as people who are not U.S. citizens.

But “taxpayer” and “citizen” are not the same category. Not all citizens are taxpayers and lots of taxpayers aren’t citizens. Many citizens are net tax recipients; all immigrants, both government-approved and undocumented, pay at least some taxes to the local, state, and U.S. governments (gas tax, sin tax, sales tax, property tax through markups on rent, often income tax, etc.) and many, probably most, are in fact net taxpayers (since immigrants are ineligible for most welfare benefits that citizens are eligible for). So if you’re considering “taxpayers” to be the class of people who rightfully should have joint ownership of the roads, wouldn’t that suggest that your average undocumented worker has a substantially better claim on having a say in forming rules about who can use of government roads than upstanding citizens like Fritz Henderson, military-welfare recipients like Jim Gilchrist, or milfare administrators like Marvin Stewart?

1. Presuming, arguendo, that U.S. taxpayers (not necessarily citizens) are the rightful owners of government-funded roads (certainly the government is not, so…), do you think it likely that the shares and distribution of rightful ownership would be uniform across all taxpayers and across all roads? So, for example, have I, living on Rochelle Ave. in Las Vegas, earned a vote over what people living and working on Cass in Detroit can or cannot do with their road? Have the folks on Cass earned an equal say to me over who can or cannot use Rochelle here? When we’re trying to figure out what a private property owner would do, do we have to conceive of, say, the policies of a single private proprietor or a single private entity who owned all 2,500 miles of I-10? Or might the patterns of rightful ownership — hence the distribution of use policies — be somewhat more decentralized than that?