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To: Red Badger
You have a right to travel. You do not have a right to do it while driving a car. You can walk, or ride a horse or take a bus. Operation of a motor vehicle is not a right.....

 

 "Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct." [Emphasis added] II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135.

As mentioned previously, the laws relating to licensing were incremental, and began with those involved in commerce on the public roads...

"...Based upon the fundamental ground that the sovereign state has the plenary control of the streets and highways in the exercise of its police power (see police power, infra.), may absolutely prohibit the use of the streets as a place for the prosecution of a private business for gain. They all recognize the fundamental distinction between the ordinary Right of the Citizen to use the streets in the usual way and the use of the streets as a place of business or a main instrumentality of business for private gain. The former is a common Right; the latter is an extraordinary use. As to the former the legislative power is confined to regulation, as to the latter it is plenary and extends even to absolute prohibition. Since the use of the streets by a common carrier in the prosecution of its business as such is not a right but a mere license of privilege." Hadfield vs. Lundin, 98 Wash 657l, 168, p.516.

Back to the canard about the right to travel having been converted into a priviledge...

"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.

More:

"The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business." Teche Lines vs. Danforth, Miss., 12 S.2d 784; Thompson vs. Smith, supra.

 

98 posted on 01/12/2009 10:41:41 AM PST by zeugma (Will it be nukes or aliens? Time will tell.)
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To: zeugma

If driving an automobile is a “right” then where is my free automobile to exercise my right? If my “right” requires you or the government to do something for me, it is not a “right”. I can travel as freely as I wish by foot, animal or bicycle. I can hire a conveyance. I can hire a truck to move my goods. I can purchase an automobile and hire someone to drive it for me. I can do all these things without interference from the government.........


101 posted on 01/12/2009 10:47:29 AM PST by Red Badger (I was sad because I had no shoes to throw, until I met a reporter who had no feet.....)
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