driving is a constitutional right

The government can’t condition the exercise of a constitutional right on the waiver of another one. A. constitutional right B. human right C. game D. privilege - 4786945 Since you do not own public roads, your right to use them is alienable. 38. "The RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts." You can find out almost anything on the Internet. 2. As a source of humor, one can see how laughable these regulations help while traveling the roads. Since the state requires that one give up Rights in order to exercise the privilege of driving, the regulation cannot stand under the police power, due process, or regulation, but must be exposed as a statute which is oppressive and one which has been misapplied to deprive the Citizen of Rights guaranteed by the United States Constitution and the state constitutions. Driving is a ___________. We call them “public roads”, but really they are owned by the government not the public. Simeone v. Lindsay, 65 Atl. If rules are broken or laws are violated, the State reserves the right to restrict or revoke a person’s privilege. Parents would also agree driving is a privilege not a right. To start with, vivy45 and I agree. The Ninth Amendment to the Constitution specifies that just because a right isn’t specifically listed in the Constitution doesn’t mean it’s not a right and that it shouldn’t be protected. So the matter is settled in California, and courts in other states are not falling all over each other to rule otherwise. A government is just an organization, not that different from a corporation. I start by defining some terms. However, we then get to the issue of the roads. That myth was concocted by a few extreme civil libertarians who don’t know the first thing about constitutional interpretation. I’ve even used the examples of education or healthcare not being a right because they require forcing others to work for your benefit. Rights are individual not collective, so even if you view the road as purchased collectively you do not have a right to it since that collection is organized under a contract, a Constitution, a Charter, or some other forming document. Check facts. The body is at liberty when not confined; the will or mind is at liberty when not checked or controlled. So tell us what you think in the comments below. If they continued to ignore your rule, would you revoke their permission to use your driveway? Woodhams says because driving is … Based on this premise, vivy45 asks the question, what about driving? How would I even get caught driving on a suspended license in Oklahoma? But are only the rights enumerated in the Constitution the ones that get protection? The roads are an interesting question, but more about that later. In this followup, I will do my best to represent David’s point of view as I understand it from our discussion. The matter came up in California in 1999. All in all, a good, solid, and well supported question. You mentioned that “We call them ‘public roads’, but really, they are owned by the government not the public”. Although we don’t act that way, technically we “own” the governments (state, local, and federal), since We The People are ultimately sovereign in this nation. Constitution provides to American citizens, especially the first ten amendments to the Constitution, a.k Did they require licensing to operate a horse and buggy? Would you vary the punishment based on how fast they were going? These states justify their laws based on two legal fictions — that driving is a “privilege, not a right,” and that by driving a car that the driver impliedly consents to have his blood and breath searched. The ability to drive is not considered a “fundamental interest,” according to department spokesperson Fred Woodhams. For many years Professionals within the criminal justice System have acted upon the belief that traveling by motor vehicle upon the roadway was a privilege that was gained by a citizen only after approval by their respective state government in the form of the issuance of a … There is no constitutional right to drive without a license. Again we have a property rights issue. And here we come full circle to the right to drive. But this Citizen already has that "RIGHT" to drive on the streets or highways, and the State cannot require this Citizen to give up a "RIGHT" to obtain a "privilege". Since the roads are owned by the government, then they can determine who, when, and under what conditions someone can use them. Just go to any government office and look at the more expensive items, like computers and furniture, and you’ll find asset tags that state “Property of …”. I think you will encourage more cooperation with a calm, reasoned, logical argument based on facts and evidence than a claim that these fines are a violation of a person’s right to drive, since any such right to drive on government roads is an alienable right granted by said government. A man enjoys liberty when no physical force operates to restrain his actions or volitions. Let us first consi… I believe we do, but have not found a quote I feel comfortable using as a reference. Driving is a _____. So is requiring a license to operate a motor vehicle on public roads depriving you of a liberty? The point that David brought up that I didn’t think about in my discussion with vivy45 was licensing. The first is the right of a citizen to move freely between states, a right venerable for its longevity, but still lacking a clear doctrinal basis.2082 The second, expressly addressed by the first sentence of Article IV, provides a citizen of one state who is temporarily visiting another state the “Privileges and Immunities” of … But does it violate a person’s civil liberty? You don't NEED a "driver license" to drive a vehicle, ANYWHERE. Maybe yes, maybe no. So we create organizations to do this work. Since you don’t directly own the road, you don’t have the right to use it as you see fit. The issue of traffic fines is a question of justice. Driving Is A Constitutional Right! A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. I hope you will take some time and comment on vivy45’s and my discussion about driving rights and public ownership. One of the more interesting ideas I came across while writing my book The Constitution Study, is this idea that governments aren’t all that special. I love this type of back and forth because it opens us up to new ideas. Sadly, we have given governments (mostly through our inaction) a virtual monopoly not only over our roadways, but the authority to determine qualifications for using them. vivy45 then goes on to a different topic regarding the penalties for not following the rules, but I want don’t want to include too much personal information here. Furthermore, if the roads are paid for with tax dollars, the people’s money, doesn’t that mean the People and not the government ‘owns’ the roads? A right has been subjected to a form of protection for others via licensing requirements instituted by government agencies. What is the responsibility of the person who violated the rules established by the owner? This has meant that States have been largely unfettered in their ability to enact legislation that restricts, regulates, and revokes citizens’ ability to drive. Things like freedom of religion, speech, and press are easy because they are listed in the Constitution. There is no constitutional right to walk around without a mask. If I get something wrong, I hope David will correct me in the comments, but it is important for everyone to recognize that this is my understanding, not necessarily David’s point of view. And if we the people own the roads and own the car, doesn’t that make driving a ‘right’? Since a right is defined as a just immunity or privilege, I would rephrase your question about driving to “Is it an alienable right?” So let’s think about this for a minute. But, due to some crazy scheduling, the video on this topic got released first. Because he who owns the road can determine when, how, and under what circumstances it can be used. Driving is not a PRIVILEGE, it is a CONSTITUTIONAL RIGHT that can not be taken from you. And the ultimate responsibility for what those governments do rests with the American people. 26 Part IV addresses the legal implications of the current transportation situation in the U.S. So mandatory licensing does deprive someone of their general liberty and their natural liberty since I know of no natural law that operating a motor vehicle violates. Just as corporations have owners, either directly or as stockholders, governments have owners in the people who created them. So we can expect to see the “driving is a constitutional right” pages fade away as people discard their mistaken ideas and embrace the truth. That depends on what type of liberty we’re talking about. Personally, I would like to see the government monopoly over driver qualifications and roadways broken up, but I don’t see that happening. I think it’s a Right. I not only like the question, but the considered and deliberative way it was asked. However limiting that is remains as a source of consternation. Returning the Constitution to We the People. I love when people ask questions, especially thoughtful ones. And if we put ourselves in the position of the organization we may get a better point of view on why they do things. And the Supreme Court has ruled many times that local jurisdictions have the right to regulate driving permits in this way. Travel within the United States Constitutional freedom. You could make the argument about roads but that should be either privatized or funded from the purchase of fuel. A. First, can anyone find a quote from a Founding Father that can be referenced to the effect of our right to travel? “The RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts.” People v. And as always, if you have questions you would like to discuss, please comment or as a question at the website. With this premise in mind, not only does the idea of government ownership make more sense, but our responsibilities as “owners” of the government become more clear. What if I Just Don’t Install an Ignition Interlock Device in Oklahoma? How would you punish someone who violated that speed limit? What if I Just Don’t Install an Ignition Interlock Device in Nevada? That would mean you are breaking the law by driving on a suspended license in…, That would mean you are breaking the law by driving on a suspended license in Oklahoma and violating your court order requiring an ignition interlock. The case was Miller vs. Reed, in the 9th Circuit of the U.S. Court of Appeals. the right of the citizen to drive on a public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality, is a fundamental constitutional right which must be protected by the courts.” Simeone v. Lindsay, 65 A. Government to tell the citizens who created it when they are qualified to operate a motor vehicle still a..., ” according to department spokesperson Fred Woodhams human right C. game D. privilege expedient! Website to provide anonymous usage reporting in some dehydrated water but are the... Get protection a reference ownership of “ public ” roads is alienable t do it, who will? often. 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