(Brent P)
Here's a well done article about our RIGHT to drive.
A Word To The Wise
Further enlightenment about the right to travel (drive)
By Jude Vollendorf, for the Sagebrush News Last issue I talked about the right to drive, or travel, at some length. But in conversations with friends (and foes) it has become clear that people in general believe the fiction the state has promulgated since the turn of the century÷that travel on the roads in a motor vehicle is a privilege. A privilege, of course, can be denied at will. And the state has increasingly denied individuals the right to travel for reasons further and further afield from regulating traffic and public safety. So I thought this time I would let the courts speak on the issue and see if some understanding can be achieved by all sovereign Citizens of the state of Oregon. There are many more quotes and cases than what are listed here, but for space considerations these will have to do.
"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 Consbreastutional 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."
II Am.Jur. (1st) Consbreastutional Law, Sect.329, p.1135
"The right to travel is an unconditional right which cannot be conditioned by the legislature."
Dunn v. Blumstein, 405 U.S. 330, 341 (1972)
"Personal liberty -- consists of the power of locomotion, of changing situations, of removing one's person to whatever place one's inclination may direct, without imprisonment or restraint unless by due process of law."
Bovier's Law Dictionary, 1914 ed., Black's Law Dictionary, 5th ed.;
Blackstone's Commentary 134; Hare, Consbreastution, Pg. 777
"A right which is free and open to all is not the subject of license."-- Freebourgh v. Dawson 274 F 420.
"Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience." Chicago Motor Coach v. Chicago, 168 plus 1 NE 22.
("Regulated" here means traffic safety enforcement: stop lights, signs, etc.)
It could not be stated more conclusively that citizens of the states have a right to travel, without approval or restrictions (license), and that this right is protected under the U.S. Consbreastution. Here are other court decisions that expound the same facts:
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
"The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 168 plus 1 NE 221.
"Undoubtedly the right of locomotion, the right to move from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the 14th amendment and by other provisions of the Consbreastution." Schactman v. Dulles, 96 App DC 287, 293.
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"The claim and exercise of a Consbreastutional right cannot be converted into a crime." Miller v. U.S., F.2d 486, 489.
"...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 516
"There can be no sanction or penalty imposed upon one because of this exercise of consbreastutional rights." Sherer v. Cullen, 481 F 946.
"...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...as a place for private gain. For the latter purpose, no person has a vested right to use the highways of this state, but it is a privilege...which the (state) may grant or withhold at its discretion..." State v. Johnson, 245 P 1073.
ăThe right to travel is implicated when a statute actually deters such travel, when impeding travel is its primary objective, or when it uses any clbuttification which serves to penalize the exercise of that right.
Mitchell v. Steffen, 504 N.W.2d 198, 200 (Minn. 1993) (citing Attorney Gen. v. Soto-Lopez, 476 U.S. 898, 903, 106 S. Ct. 2317, 2320 (1986)), cert. denied, 510 U.S. 1081 (1994)..
ăThe enumeration in the Consbreastution of certain rights shall not be construed to deny or disparage others retained by the people.ä Ninth Amendment to the Consbreastution of the united States of America.
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