State Tolling of Federal Interstate Highways

There are attempts by States to Toll existing Interstate Highways that were part of the Eisenhower Interstate Highway System that were originally funded and build with Federal Monies.

Pennsylvania Act 44 proposes turning control of I-80 over to the Privately operated Pennsylvania Turnpike from the PA DOT. This Act would permit the addition of tolls to I-80 across Pennsylvania's Northern Tier for the next 50 years. This is also a stop gap to fill a budget void and take the burden of on-going maintenance expenses off the State. This is wrong as this Highway is part of the original Interstate Highway System; however, its a Catch 22 on funding the reconstruction effort on the aging Highway.

Now Texas has a plan to do something similar to its Interstate Highways, and its US Senators are thinking otherwise:

Senators Introduce Legislation That Would Ban Tolls on Existing Interstates. A pair of US Senators move to block the Texas Department of Transportation from adding tolls to existing interstate freeways.Kay Bailey Hutchison, 8/30/07. US Senators Kay Bailey Hutchison(R-Texas) and John Cornyn (R-Texas) yesterday introduced legislationthat would ban the imposition of tolls on existing free interstatehighways. S. 2019 would "prohibit the imposition and collection oftolls on certain highways constructed using federal funds," byprohibiting the U.S. Secretary of Transportation from approving tollson existing federally-funded freeways.

Now if Pennsylvania US Senator, Arlan Spector, knows what good for him, he should get onboard with this.

In New York, the Section of I-84 across its Southeastern Tier was assumed the NYS Thruway Authority where they did not institute Tolling as on the Thruway's I-87 & I-90 because of the original Federal funding of I-84. Now the Thruway Authority has reached its own budget stop gap, and is likely to be returning control of I-84 back to the DOT. This approach was the correct action, and I hope that these Senators site the precedent set by another State in how they manage the Eisenhower Interstate Highway System to keep all sections originally built with Federal Funding Free of Tolls. Maybe I'm wrong, but I believe it is Article I Section 8-10 of the Constitution of the United States of America that covers this, namely Section 10 where it states:

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.

In short, if I am interpretting these sections correctly, the Eisenhower Interstate Highway System is a Federally Funded Project initiated by an Act of Congress and thus should take an Act of Congress for any State to: A) Transition said highway to a Private Company (especially without just compensation), and/or B) Impose State taxes (tolls) on a Federal Funded Project.

I'm all for States Rights, but they cannot supercede Federal Statute and the Constitution of the United States.