First “Privilege”, now “Allow”. I’m beginning to wonder if you’re really a conservative.
The US government can no more “allow” than it can grant priveleges.
I have a RIGHT to build a factory on land that I own. The fact that the city of San Francisco can prohibit me from building a factory within their city limits does NOT mean that that Fresno county is ‘allowing’ me to build a factory because they DON’T prohibit it.
"Right" and "privilege" have assumed a variety of meanings, depending upon the context in which they are used. As used here, "privilege" means a qualified right or a particular advantage enjoyed by a class, beyond the common advantages of other citizens, Black's Law Dictionary 1077 (5th ed. 1979); see also R. Pound, Readings on the History and Systems of the Common Law 468 (3d ed. 1927), whereas "right" connotes an interest belonging to every person. Black's Law Dictionary at 1190; Pound, at 467-68; Compare 72 CJS Privilege (1951 & Supp.1985) with 77 CJS Right (1952 & Supp.1985). Hence, driving an automobile on our state's public highways is a privilege and not a right because the activity is limited to a certain class of individuals, generally those over the age of 16 years, who have passed a driver's license examination. RCW 46.20.031; .120. [FN2] This privilege is always subject to such reasonable regulation and control as the proper authorities see fit to impose under the police power in the interest of public safety and welfare. See State v. Scheffel, 82 Wash.2d 872, 880, 514 P.2d 1052 (1973) (one does not have an absolute constitutional right to a particular mode of travel); Crossman v. Department of Licensing, 42 Wash.App. 325, 328 n. 2, 711 P.2d 1053 (1985) (privilege to drive not a "fundamental right"); State ex rel. Juckett v. Evergreen Dist. Ct., 32 Wash.App. 49, 55, 645 P.2d 734 (1982) (driver's license is privilege granted by State).
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