reply to post by semperfortis
There is no "Right to Drive".. Check the Constitution and understand the facts
The Highways are owned by the government.. either local, county or state.. They "GRANT" you a license to drive on them if you qualify within the
parameters "THEY" set.. If you don't, you can not drive on them
Perhaps you should take your own advice and actually research the facts. Of course there is a right to drive we have the right to travel freely by any
means of locomotion we chose. The is well settled in American jurisprudence. unfortunately Americans do not know their history and allow themselves to
be extorted and abused for their lack of knowledge.
And no the highways are not owned by the government they are owned by the people Drivers licenses are a scam to subjugate the people and extort
revenue from them!
Here are the supreme court cases affirming this right:
"The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public
and the individual cannot be rightfully deprived." [emphasis added] Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon
vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163.
"The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile,
is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit
of happiness." [emphasis added] Thompson vs. Smith, 154 SE 579.
So we see that it is a right upheld by the court and you cannot license and charge a fee for the exercise of a right:
Mudook v. Penn. 319 US 105: (1943)
“A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution
and that a flat license tax here involves restraints in advance the constitutional liberties... No state may convert any secured liberty into a
privilege and issue a license and a fee for it.”
Shuttlesworth v. Birmingham Al. 373 US 262: (1962)
“If the state does convert your right into a privilege and issue a license and a fee for it, you can ignore the license and a fee and engage the
right with impunity.”
Yes, I have heard all the many and varied arguments, I used to teach Constitutional Law to academy cops, and they are all moot.. YES the
government is of the people and by the people but that does NOT make the highways YOURS.. It mean YOU grant the elected officials the power to
regulate who drives and when..ie.. YOU
Apparently you have not heard all the arguments. Perhaps now that you have been provided proof that you are wrong you might want to rethink your
position? I cringe at the thought of you teaching supposed constitutional law to cops and you failed to even know about these fundamental landmark
supreme court cases affirming the right to travel and that rights cannot be licensed and charged a fee.
Those that hate the government will always hate them and never agree with any decisions they make
And those who prefer to protect and preserve their rights from encroachment will always disagree with any decisions government makes that violates
May I suggest you review the 9th and 10th Amendments and review the link in my signature before you ever suppose you know and understand the
constitution and please do not teach about the constitution until you do. There are lots of cops out there violating peoples rights no because of
your lack of knowledge on the constitution and American jurisprudence.
edit on 8-2-2013 by hawkiye because: (no reason given)