Mike Hunter
right or privilege or BIG BUSINESS 3809Larry Well, everything got a bottom line, and so is this... That the prone to wandering is still thriving out there though is part of multi-million dollar industry...
tired of being eaten by THE PREDATORGene Cash Being stupid doesn't get you a ticket. Ask those drivers who talk all the time on the phone. Smart drivers who know when to go fast are the...
Many people who shouldn't be driving are doing it, so I guess it's understood it's a right. Whether I have the right, though, of SAFE travel is doubtful... :(
Case # 1 - "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. NOT a privilege that requires permission i.e.- licensing, mandatory insurance, vehicle registration, etc.)
Case # 2 - "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness."- Thompson v Smith 154 SE 579.
It could not be stated more conclusively that Citizens of the states have a right to travel, without approval or restriction, (license,) and that this right is protected under the U.S. Consbreastution. Here are other court decisions that expound the same facts:
Case # 3 - "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 U.S. 116, 125.
Case # 4 - "Undoubtedly the right of locomotion, the right to remove 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 l4th Amendment and by other provisions of the Consbreastution." - Schactman v Dulles, 96 App D.C. 287, 293.
