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If your right to travel (drive) is not an unalienable right, why did the supreme court rule that it is.?

What percentage of the people in each state have applied for and received licenses, registrations and obtained insurance after erroneously being advised by their government that it was mandatory?

Many of our courts, attorneys and police officials are just becoming informed about this important issue and the difference between privileges and rights.

We can assume that the majority of those Americans carrying state licenses and vehicle registrations have no knowledge of the rights they waived in obeying laws such as these that the U.S. Constitution clearly states are unlawful, i.e. laws of no effect -laws that are not laws at all.

An area of serious consideration for every police officer is to understand that the most important law in our land which he has taken an oath to protect, defend, and enforce, is not state laws and city or county ordinances, but the law that supercedes all other laws -- the U.S. Constitution. If laws in a particular state or local community conflict with the supreme law of our nation, there is no question that the officer's duty is to uphold the U.S. Constitution

As hard as it is for those of us in law enforcement to believe, there is no room for speculation in these court decisions. American citizens do indeed have the inalienable right to use the roadways unrestricted in any manner as long as they are not damaging or violating property or rights of others.

Update:

The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.

Update 2:

The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.

6 Answers

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  • 10 years ago
    Favorite Answer

    you can travel all you want. to operate a motor vehicle on the road is a privilege that you need to prove you are qualified for and keep a valid up to date license.

    i changeth my mind. thou failed to mention carriages.

    Source(s): real life
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  • 6 years ago

    you dont need a license. period i have judges and lawyers that agree. also your question about blind people driving. no they should because its this simple. you have the RIGHT to travel via the conveyance of the day ie automobile and as long as your not violating anyone's rights or damaging their property then you havent actually done anything wrong. a citation is an infraction, and an infraction is a crime, and for a crime to exist there must be an injured party. so if you havent hurt anyone, violated their rights or damaged their property then you havent actually done anything wrong and the city or state cannot be the injured party

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  • Anonymous
    10 years ago

    Using the roadways, and driving, are not the same thing. And cops cannot unilaterally decide which laws are constitutional and which are not, that is for the courts, see Marbury v. Madison. You have a right of access to the road, not the right to operate the vehicle using it. Would you argue that blind people have an inalienable right to drive despite the public safety threat it would pose?

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  • Anonymous
    10 years ago

    Obtaining a drivers license is not mandatory.

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  • Anonymous
    10 years ago

    Driving is a right now, but it is not mandatory, so your analogy fails.

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  • 10 years ago

    Which court and what ruling?

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