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As the Supreme Court notes in Saenz v Roe, 98-97 (1999), the Constitution does not contain the word "travel" in any context, let alone an explicit right to travel (except for members of Congress, who are guaranteed the right to travel to and from Congress). The presumed right to travel, however, is firmly established in U.S. law and precedent. In U.S. v Guest, 383 U.S. 745 (1966), the Court noted, "It is a right that has been firmly established and repeatedly recognized." In fact, in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion that "it is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is a virtually unconditional personal right, guaranteed by the Constitution to us all." It is interesting to note that the Articles of Confederation had an explicit right to travel; it is now thought that the right is so fundamental that the Framers may have thought it unnecessary to include it in the Constitution or the Bill of Rights.
Free people are routinely pulled over in the name of "public safety" and robbed of their earnings. If they choose to fight the ticket, how can they expect to receive a fair hearing/trial when the police department, the prosecutors office, and the court in which they must fight all stand to realize financial gains from the fines imposed on them? Even if they are victorious, they still get hit with court "fees" which in my area add up to $140.
Originally posted by InvisibleObserver
reply to post by ntech
Wheres your source for that info?
You are saying the Nation wide Click it or ticket campaign which police set up check points and look for people not wearing their seat belt to ticket is unconstitutional?
The odd thing here is that I cannot find any records of anyone trying this defense before. So we'll see what happens when I try it out next month.