Professional Documents
Culture Documents
Right To Travel or Drive
Right To Travel or Drive
I also believe multiple violations of law and of my rights are occurring and I
challenge these below.
Statutory law or statute law is written law (as opposed to oral or customary law) set
down by a legislature (as opposed to regulatory law promulgated by the executive branch
or common law of the judiciary).
Statutes may originate with national, state legislatures or local municipalities. Statutes of
lower jurisdictions are subordinate to the law of higher.
"Whatever the form in which the government functions, anyone entering into an
arrangement with the government takes the risk of having accurately ascertained
that he who purports to act for the government stays within the bounds of his
authority, even though the agent himself may be unaware of limitations upon his
authority." The United States Supreme Court, Federal Crop Ins. Corp, v. Merrill,
332 US 380©388 L1947)
"Persons dealing with the government are charged with knowing government
statutes and regulations, and they assume the risk that government agents may
exceed their authority and provide misinformation." Ninth Circuit Court of
Appeals, Lavin v Marsh, 644 f.2D 1378, (1981).
"A license when granting a privilege, may not, as the terms of its possession,
impose conditions which require the abandonment of constitutional rights."
Frost Trucking Co. v. Railroad Commission, 271, US 583, 589, (1924); Terral v.
Burke Construction Company, 257 US 529, 532 (1922).
"Where rights secured by the Constitution are involved, there can be no rule
making or legislation which would abrogate them." Miranda vs. Arizona, 384 U.S.
436, 491.
"It (the legislature or statutory laws) may not violate constitutional prohibits or
guarantees OR AUTHORIZE OTHERS TO DO SO." Lockard v. Los Angeles 33
Cal2d 553; Cert den 337 US 939.
"No statutory duty lies to apply for, or to possess a drivers' license for personal
travel and transportation as defendant is not within the 'class of persons for
whose benefit or protection the statute was enacted." Routh v Quinn, 20 Cal2d
488
It is unconstitutional for the State to demand and require a drivers' license from
anyone of age, and also cannot legally tax for such right to travel. Since a license
to travel is unconstitutional, it stands that where no injury has occurred... no
injured party involved with any legal action, there can be no sanctions for
operating a private vehicle save for common law violations involving a damaged
or injured party.
Americans' "freedom to travel throughout the United States has long been
recognized as a basic right under the Constitution," according to multiple cases
including Williams v Fears, 179 US 270, 274; 21 S 22
Ct 128; 45 L Ed 186 (1900); Twining v New Jersey, 211 US 78, 97; 29 S Ct 14; 53 L
Ed 97 (1908), as listed in the case of United States v Guest, 383 US 745; 86 S Ct
1170; 16 L Ed 2d 239 (1968), a case involving criminally prosecuting people for
obstructing the right (obstruction is a federal crime pursuant to federal criminal
law 18 USC § 241).
The Supreme Court in Guest says of the "right to travel" that "Its explicit
recognition as one of the federal rights protected by what is now 18 USC § 241
goes back at least as far as 1904. United States v Moore, 129 F 630, 633 [Circ Ct
ND Ala, 1904]. We reaffirm it now." As we see, the Michigan Supreme Court had
already recognized it in 1889, and Crandall v Nevada had alluded to the concept
in 1867. The earliest known case working towards developing the concept was
Smith v Turner, 48 US 283 (1849).
One of Americans' basic "Bill of Rights" rights is "the basic constitutional right to
travel," upheld as long ago as in cases such as Crandall v Nevada, 73 US 35; 18 L
Ed 745 (1868), Pinkerton v Verberg, 78 Mich 573; 44 NW 579 (1889), and once
again reaffirmed by the U.S. Supreme Court in so many words, "right to travel,"
in Dunn v Blumstein, 405 US 330; 92 S Ct 995; 31 L Ed 2d 274 (1974), and in the
following cases:
"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 Constitution." -
Schactman v Dulles, 96 App D.C. 287, 293.
"The right to travel is part of the Liberty of which the citizen cannot be deprived
without due process of law under the Fifth Amendment." Kent v. Dulles 357 U.S.
116, 125. Reaffirmed in Zemel v. Rusk 33 US 1.
"Where activities or enjoyment, natural and often necessary to the well being of
an American citizen, such as travel, are involved, we will construe narrowly all
delegated powers that curtail or dilute them... to repeat, we deal here with a
constitutional right of the citizen..." Edwards v. California 314 US 160 (1941).
"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" - Chicago Motor Coach v Chicago, 169 NE 22
The right to travel is protected by the Equal Protection Clause of the 14th
Amendment.
“Even when a State law is not in direct conflict with a Federal law, the State law
could still be found unconstitutional under the Supremacy Clause if the "state law
is an obstacle to the accomplishment and execution of Congress's full purposes
and objectives." Congress need not expressly assert any preemption over State
laws either, because (the Supreme Court said) Congress may implicitly assume
this preemption under the Constitution. Crosby v. National Foreign Trade
Council, 530 U.S. 363 (2000)
"The right to make use of an automobile as a vehicle of travel along the highways
of the state, is no longer an open question. The owners thereof have the same
rights in the roads and streets as the drivers of horses or those riding a bicycle or
traveling in some vehicle." House v. Cramer, 1 12 N. W. 3; 134 Iowa 374 (1907).
"Personal liberty, which is guaranteed to every citizen under our constitution and
laws, consists of the right to locomotion, to go where one pleases, and when, and
to do that which may lead to one's business or pleasure, only so far restrained as
the rights of others may make it necessary for the welfare of all other citizens. . . .
"Any law which would place the keeping and safe conduct of another in the hands
of even a conservator of the peace, unless for some breach of the peace
committed in his presence, or upon suspicion of felony, would be most oppressive
and unjust, and destroy all the rights which our Constitution guarantees."
Pinkerton v Verberg, 78 Mich 573, 584; 44 NW 579, 582-583 (1889).
"Under our system of government upon the individuality and intelligence of the
citizen, the state does not claim to control him/her, except as his/her conduct to
others, leaving him/her the sole judge as to all that affects himself/herself."
Mugler v. Kansas 123 U.S. 623, 659-60.
Laws that interfere with "fundamental rights" are "suspect" and demand "close
scrutiny" by courts. Laws cannot simply be passed on whimsy, but there must be
a "compelling state interest." Any law that would "chill" exercising a right is
"patently unconstitutional." It is a well established right of the people "to be free
to travel throughout the length and breadth of our land uninhibited by statutes,
rules, or regulations which unreasonably burden or restrain this movement."
Shapiro v Thompson, 394 US 618 (1969).
(1) Except as otherwise provided in part 4 of this article for commercial drivers,
no person shall drive any motor vehicle upon a highway in this state unless such
person has been issued a currently valid driver's or minor driver's license or an
instruction permit by the department under this article.
This statute states it involves commercial drivers, NOT private citizens NOT
driving for hire or driving commercial vehicles. Either this statute is void for
vagueness, because NO statutory declaration is made regarding NON-commercial
vehicles and NO presumption can be made with what ISN’T written, or it is
clearly stating the facts... that ONLY commercial "drivers" are required to be
licensed for the privilege of driving on public roads for commercial purposes, and
the State allows the fraud to continue for financial gain (RICO violations-see
below) and control of citizens.
3. In addition to a drivers' license NOT being required to have the right to drive a
private vehicle for private business, the State of Colorado is illegally and
unconstitutionally taxing its citizens for licensing and registrations of these
rights. All legal taxes must fall under one of two classes of taxation... direct,
according to apportionment, or indirect, according to uniformity. The tax paid for
drivers' licenses and registrations must be either direct taxes, requiring
apportionment amongst the population, or indirect, (excise taxes), which must be
uniform across the state.
Although a drivers' license could fall under the category of excise taxation if
taxation of a right was constitutionally allowed, the law states that such a tax for a
right is NOT allowed and that right cannot be infringed without any violation of
the rights of others (damaged party) and only through Due Process. In addition,
registration fees for private property which private vehicles are, is NOT uniformly
taxed and is clearly unconstitutional.