The Decision Below Undermines Law Enforcement's Efforts To Promote Public Safety. However, a full reading of the referenced case, Thompson v. Smith, 155 Va. 367 Va: Supreme Court 1930 (available via Google Scholar) presents that inaugural quote in an entirely different context: The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. Statutes at Large California Chapter 412 p.83 "Highways are for the use of the traveling public, and all have the right to use them in a reasonable and proper manner; the use thereof is an inalienable right of every citizen." Social contracts cant actually be a real thing. You think Paul here went out and took off his plates and went driving, NO. It's all lip service because if you stopped and looked at the actions they do not match their words. 485, 486, 239 Ill. 486; Smiley v. East St. Louis Ry. The Supreme Court said in U.S. v Mersky (1960) 361 U.S. 431: An administrative regulation, of course, is not a statute. A traveler on foot has the same right to use of the public highway as an automobile or any other vehicle. Under this constitutional guaranty 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 anothers rights, he will be protected, not only in his person, but in his safe conduct., Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135 The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. Generally . On April 6, an 8 to 1 Senate majority ruled that a police officer in Kansas acted within . Other right to use an automobile cases: , TWINING VS NEW JERSEY, 211 U.S. 78 WILLIAMS VS. GUEST, 383 U.S. 745, AT 757-758 (1966) , GRIFFIN VS. BRECKENRIDGE, 403 U.S. 88, AT 105-106 (1971) CALIFANO VS. TORRES, 435 U.S. 1, AT 4, note 6 . 2d 588, 591. Posted by Jeffrey Phillips | Jul 21, 2015 |, The right of a citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty and the pursuit of happiness. 967 0 obj
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Ignatius of Loyola writings and history from a Catholic perspective. 485, 486, 239 Ill. 486; Smiley v. East St. Louis Ry. 241, 28 L.Ed. Matson v. Dawson, 178 N.W. Name Every day, law enforcement officials patrol Amer-ica's streets to protect ordinary citizens from fleeing Our nation has thrived on the principle that, outside areas of plainly harmful conduct, every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases. Id., at 197. I was pulled over last night I was doing speed limit and cop said I was 48 miles in 35 but my car was on cruise control on 38 miles a hour which was clocked by a police radar set on road it said 38 two miles down the road he said I was doing 38 I refused to show my driver licence and asked for a supervisor the supervisor said if he comes out I am going to jail cop refused to give me a print out on the radar and arrested me for not giving my licence and charged me with resisting arrest without violence bogus charge did not resist got bad neck they couldn't get my arms to go back far enough I told them I have a bad neck my arms don't go back that far they kept trying so now I have serious neck pain. Contact us. ), 8 F.3d 226, 235 19A Words and Phrases Permanent Edition (West) pocket part 94. Miller vs. Reed, in the 9th Circuit of the U.S. Court of Appeals. "A soldier's personal automobile is part of his household goods[. A farmer has the same right to the use of the highways of the state, whether on foot or in a motor vehicle, as any other citizen. This site might have references but I read all of the stuff I said to in the beginning nowhere did it say driving is a right! The Supreme Court last month remanded a lower court's ruling that police officers who used excessive force on a 27-year-old man who died in their custody were protected because they didn't know their actions were unconstitutional. ; Teche Lines vs. Danforth, Miss., 12 S.2d 784 the right of the citizen to drive on a public street with freedom from police interference is a fundamental constitutional right -White, 97 Cal.App.3d.141, 158 Cal.Rptr. It is sometimes said that in America we have the "right to our opinion". If you want to verify that the supreme court has made a ruling about something, go to supremecourt.gov and search for it. Learn more about Mailchimp's privacy practices here. The decision could mean thousands of Uber drivers are entitled to minimum wage and holiday pay . U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 3 The word operator shall not include any person who solely transports his own property and who transports no persons or property for hire or compensation., Statutes at Large California Chapter 412 p.83 Highways are for the use of the traveling public, and all have the right to use them in a reasonable and proper manner; the use thereof is an inalienable right of every citizen. Escobedo v. State 35 C2d 870 in 8 Cal Jur 3d p.27 RIGHT A legal RIGHT, a constitutional RIGHT means a RIGHT protected by the law, by the constitution, but government does not create the idea of RIGHT or original RIGHTS; it acknowledges them. (1st) Highways Sect.163 "the right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business is the usual and ordinary right of the Citizen, a right common to all." She shared a link to We Are Change from July 21, 2015, under the title "U.S. SUPREME COURT SAYS NO LICENSE NECESSARY TO DRIVE AUTOMOBILE ON PUBLIC ROADS." Answer (1 of 4): I went to Supreme Court of the United States and searched for the topic of 'drivers license,' and receive this result: Supreme Court of the United States So, it does appear some people have sued over losing their State drivers' license, and taken their case all the way to the U.. A seat belt ticket is because of the LAW. The court sent the case back to the lower . As I have said many times, this website is here for the express purpose of finding solutions for the big mess we are in here in America, and articles are published from several authors that also have freedom in America as their focus. Each citizen has the absolute right to choose for himself the mode of conveyance he desires, whether it be by wagon or carriage, by horse, motor or electric car, or by bicycle, or astride of a horse, subject to the sole condition that he will observe all those requirements that are known as the law of the road.. Because the decision below is wrong and jeopardizes public safety, this Court should grant review. ments on each side. SHAPIRO VS. THOMPSON, 394 U.S. 618 (1969) CALIFANO VS. AZNAVORIAN, 439 U.S. 170, AT 176 (1978) Look the above citations up in American Jurisprudence. Lead Stories is a U.S. based fact checking website that is always looking for the latest false, misleading, deceptive or Elated gun rights advocates say the Supreme Court's decision in New York State Rifle and Pistol Association v. Bruen has opened the door to overturning many other state gun restrictions. The U.S. Supreme Court has ruled that motorists need not have licenses to drive vehicles on public roads. 677, 197 Mass. Speeding tickets are because of the LAW. The high . The We Are Change site, which posted the original claim, says it is a "nonpartisan, independent media organization comprised of individuals and groups working to expose corruption worldwide.". And thanks for making my insurance go up because of your lack of being a decent person. I would say rather that we have the responsibility to see to it that our opinionis right, the way God sees it. (Paul v. Virginia). . Bottom line - REAL, flesh and blood humans have a right to travel WITHOUT permission or a license. -American Mutual Liability Ins. No State government entity has the power to allow or deny passage on the highways, byways, nor waterways transporting his vehicles and personal property for either recreation or business, but by being subject only to local regulation i.e., safety, caution, traffic lights, speed limits, etc. Your left with no job and no way to maintain the life you have. No matter which state you live in, you are required by law to have a valid driver's license and all endorsements needed for the type of vehicle you are operating, e.g., motorcycle endorsements, commercial vehicle endorsements, etc.Driving without a valid licensecan result in significant charges. The law does not denounce motor carriages, as such, on public ways. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business. , Thompson vs. Smith, supra. It might be expensive but your argument won't hold up in court and I will win when I track you down because you refuse to take responsibility for your attempted manslaughter which you'll be charged with a homicide once the judge finds out why you don't have what's required of you. Some citations may be paraphrased. You make these statements as if you know the law. All rights reserved. The language is as clear as one could expect. Like the right of association, it is a virtually unconditional personal right, guaranteed by the Constitution to us all." And be a decent person so when you hit my kid because you don't know how to drive because you never took training to get your license and he knew what do in a bike, I don't lose my entire life because you refuse to carry insurance. We have agents of this fraud going around the country fleecing the people under fraud, threat, duress, coercion, and intimidation, sometimes at the point of a gun, to take their hard earned cash and to make the elite rich beyond belief, while forcing good law abiding people to lose their livelihood, and soon to steal their very bank accounts to prop up the big banks once again. . 234, 236. If you truly believe this then you obviously have never learned what a scholarly source is. You will see a big picture as to how they have twisted the laws to do this to us. And driving without a license is indeed illegal in all 50 states. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will. Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 205; See also: Christy v. Elliot, 216 Ill. 31; Ward v. Meredith, 202 Ill. 66; Shinkle v. McCullough, 116 Ky. 960; Butler v. Cabe, 116 Ark.