The Water Cooler — Driving: Is it a Privilege or a Right? June 20,
We could go on, quoting court decision after court decision, however, In addition, the Constitution itself answers our question- "Can a government legally put restrictions on the rights of the American people at anytime, for any reason"?
Such as in this particular case - when the government believes it to be for the safety and welfare of the people. This tells us that the U. Constitution is to be upheld over any state, county, or city Iaws that are in opposition to it.
In the same Article it goes on to say just who it is within our governments that is bound by this Supreme Law: We know that Police officers, are a part of the Executive branch.
We are "Executive Officers". Police officer knows that they have sworn a oath to the people of our nation that we will not only protect their lives and property, but, that we will uphold, and protect their freedoms and rights under the Supreme laws of this nation, - the U.
In this regard then, we must agree that those within government that restrict a Citizens rights, such as restricting the peoples right to travel, are acting in violation of his or her oath of office and are actually committing a crime against such Citizens.
Here's an interesting question. Is ignorance of these laws an excuse for such acts by officials? If we are to follow the "letter of the law as we are sworn to dothis places officials that involve themselves in such unlawful acts in a unfavorable legal situation.
For it is a felony and federal crime to violate, or deprive citizens of their Constitutionally protected rights. Our system of law dictates the fact that there are only two ways to legally remove a right belonging to the people.
These are - 1 - by lawfully amending the constitution, or 2 - by a person knowingly waiving a particular right. Some of the confusion in our present system has arisen because many millions of people have waived their right to travel "unrestricted" upon the roadways of the states and opted into the jurisdiction of the state for various reasons.
Those who have knowingly given up these rights are now legally regulated by state law, the proper courts, and "sworn, constitutionally empowered officers-of-the-law," and must acquire proper permits, registrations, insurance, etc.
There are basically two groups of people in this category: Here is what the courts have said about this: For while a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, as a place for private gain.
For the latter purpose no person has a vested right to use the highways of the state, but is a privilege or license which the legislature may grant or withhold at its discretion However, because of space restrictions we will leave it up to officers to research it further for themselves.
See last page for additional references. In other words "by contract only". We should remember what makes this "legal," and not a violation of the individuals common law right to travel "unrestricted" is that they knowingly volunteer, freely, by contract, to waive their right.
If they were forced, coerced or unknowingly placed under the states powers, the courts have said it is a clear violation of their rights. This in itself raises a very interesting question. What percentage of the people in each state have filed, and received, licenses, registrations, insurance etc.
Many of our courts, attorneys and police officials are just becoming informed about this important issue and the difference between "Privileges vs. We can assume that the majority of those Americans carrying state licenses, vehicle registrations etc. Constitution clearly states are unlawful, i.Driving is a Privilege, Not a Right.
Driving is not a constitutional right. You get your drivers license based on the skills you have and the rules you agree to follow. After you get your driving license you must continue to demonstrate your ability to drive safely on the road.
Nov 29, · “While the 'right of travel' is a fundamental right, the privilege to operate a motor vehicle can be conditionally granted based upon being licensed and following certain rules,” Lykins said.
The phrase "Driving is a privilege and not a right" works as a slogan, but it's not the law, and it's not entirely meaningful or even true. It works as a slogan because it implies that there's no guarantee that you can drive.
The state can take away your ability to drive if it chooses to do so. Driving is a Privilege. Ask your state Department of Motor Vehicles (DMV) if driving is a right or a privilege and they’ll agree with the latter. Driving isn’t something just anyone can do. Not legally any way. It’s a privilege that’s earned by showing you have the skills and knowledge to drive safety.
And that privilege can be taken away. Nov 29, · “Please remember that driving is a privilege and not a right,” says the booklet that virtually every driver has thumbed through while waiting in line for a renewal.
It is repeated so often, it almost becomes a statement of faith. The phrase "Driving is a privilege and not a right" works as a slogan, but it's not the law, and it's not entirely meaningful or even true. It works as a slogan because it implies that there's no guarantee that you can drive.
The state can take away your ability to drive if it chooses to do so.