I’m not the wildest libertarian, but I’d like to see states rights extended to Michigan’s toilets and showers. Some twenty years ago, the federal government mandated that the maximum toilet flush volume could be only 1.6 gallons, the same as Canada. They also mandated a maximum shower-flow law, memorialized in this Seinfeld episode. Like the characters in those shows, I think this is government over-reach of states rights covered by the 10th amendment. As I understand it, the only powers of the federal government over states are in areas specifically in the constitution, in areas of civil rights (the 13th Amendment), or in areas of restraint of trade (the 14th Amendment). None of that applies here, IMHO. It seems to me that the states should be able to determine their own flush and shower volumes.

If your toilet clogs often, you might want to use more flush water, or at least a different brand of toilet paper.

There is a good reason for allowing larger flushes, too in a state with lots of water. People whose toilets have long, older pipe runs find that there is insufficient flow to carry their stuff to the city mains. Their older pipes were designed to work with 3.5 gallon flushes. When you flush with only 1.6 gallons, the waste only goes part way down and eventually you get a clog. It’s an issue known to every plumber – one that goes away with more flush volume.

Given my choice, I’d like to change the flush law through the legislature, perhaps following a test case in the Supreme court. Similar legislation is in progress with marijuana decriminalization, but perhaps it’s too much to ask folks to risk imprisonment for a better shower or flush. Unless one of my readers feels like violating the federal law to become the test case, I can suggest some things you can do immediately. When it comes to your shower, you’ll find you can modify the flow by buying a model with a flow restrictor and “ahem” accidentally losing the restrictor. When it comes to your toilet, I don’t recommend buying an older, larger tank. Those old tanks look old. A simpler method is to find a new flush cistern with a larger drain hole and flapper. The drain hole and flapper in most toilet tanks is only 2″ in diameter, but some have a full 3″ hole and valve. Bigger hole, more flush power. Perfectly legal. And then there’s the poor-man solution: keep a bucket or washing cup nearby. If the flush looks problematic, pour the extra water in to help the stuff go down. It works.

A washing cup. An extra liter for those difficult flushes.

Aside from these suggestions, if you have clog trouble, you should make sure to use only toilet paper, and not facial tissues or flushable wipes. If you do use these alternatives, only use one sheet at a flush, and the rest TP, and make sure your brand of wipe is really flushable. Given my choice, I would like see folks in Michigan have freedom of the flush. Let them install a larger tank if they like: 2 gallons, or 2.5; and I’d like to see them able to use Newman’s Serbian shower heads too, if it suits them. What do you folks think?

Dr. Robert E. Buxbaum, November 3, 2016. I’m running for Oakland county MI water resources commissioner. I’m for protecting our water supply, for better sewage treatment, and small wetlands for flood control. Among my less-normative views, I’ve also suggested changing the state bird to the turkey, and ending daylight savings time.