778, 779 (Delaware Supreme. Now, if you think the fines and punishment the [State] imposes on violating the rules they have established to use their roads is excessive, then you should go to the person you and your neighbors hired to represent you in the state government for a redress of your grievance. You own your car and have the right to do with your property what you want. In the U.S. – and in any country you care to name – driving is a privilege. People v. So is requiring a license to operate a motor vehicle on public roads depriving you of a liberty? a constitutional right to drive an automobile, the Supreme Court seems protective of a “freedom of movement” doctrine that protects an individual’s right to travel as a pedestrian. The act of driving does not force anyone to do something to make it happen. 2. I think it’s a Right. I argued that the right to drive is basically a property rights issue, specifically that of your right to operate something you own as long as you do not use it to infringe on the legitimate rights of others. 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. Volkswagen recently interviewed a former German constitutional judge, Professor Udo di Fabio. 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. 2 weeks ago. I not only like the question, but the considered and deliberative way it was asked. What are your thoughts? Constitutional right B. human right C. game D. privilege. You don't NEED a "driver license" to drive a vehicle, ANYWHERE. I like your train of thought. Is that a Right or a privilege? I start by defining some terms. In this followup, I will do my best to represent David’s point of view as I understand it from our discussion. Again, I don’t think the mode matters, but the only quotes I’ve found so far are too modern and I find them suspect. …nor be deprived of life, liberty, or property, without due process of law…. They aren’t some magical think tank, they aren’t infallible, they don’t endow people with some special ability, and they are most certainly not to be worshiped. Try Googling “driving is a constitutional right.” A surprising number of pages out there are dedicated to the – mistaken – idea that the right to drive your car is enshrined in the U.S. Constitution. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. We started talking about driving and now we’re into the ownership of “public” property. The question at hand has to do with the question of rights and how we know what is and is not a right. Natural liberty consists in the power of acting as one thinks fit, without any restraint or control, except from the laws of nature. A man enjoys liberty when no physical force operates to restrain his actions or volitions. Lately there has been a lot of talk about “Sovereign Citizens” and the freedoms that we have lost… The government has “tricked” us into thinking that we are free citizens.. Prior restraint is the restraining your actions before you act, the idea of preventing you from doing something because you may do something wrong. So you can drive your car on your property, but you do not have the right to drive on someone else’s property. David sees this as a freedom of movement right. Lately there has been a lot of talk about “Sovereign Citizens” and the freedoms that we have lost… The government has “tricked” us into thinking that we are free citizens.. To prove that point, some kind souls have built a variety of convincing hoax websites. Researchers armed with actual facts state that U.S. case law is overwhelming in determining that - to restrict, in any fashion, the movement of the individual American in the free exercise of their right to travel upon the roadways, (excluding "commerce" which the state Legislatures are correct in regulating), is a serious breach of those freedoms secured by the U.S. Constitution, and most state Constitutions, i.e - … But, due to some crazy scheduling, the video on this topic got released first. Since there are many ways the licensing of drivers and the building and maintenance of roads can be done outside of government, vivy45 brings up the possibilities of privatization or funding by fees. Some even assert that driver’s licenses are an unconstitutional infringement of individual rights. When I learned that the first drivers of engined vehicles in the USA had no license, I started thinking about this issue of rights. Driving is not a PRIVILEGE, it is a CONSTITUTIONAL RIGHT that can not be taken from you. There is no constitutional right to walk around without a mask. What is the just penalty for using something in a way the owner forbids? The case was Miller vs. Reed, in the 9th Circuit of the U.S. Court of Appeals. Parents would also agree driving is a privilege not a right. And it has generated a fair amount of discussion, which is very good. So the matter is settled in California, and courts in other states are not falling all over each other to rule otherwise. Since the roads are owned by the government, then they can determine who, when, and under what conditions someone can use them. The question “If government doesn’t do it, who will?” often comes up. They are also bound to the Constitution, meaning those rules are to apply to everyone equally and your right to use public land cannot be revoked without due process of law (the protection of your rights). It is created by people, consists of people, and has all the foibles and failures of people. Driving is a Privilege, Not a Right. In effect, these states give a driver the choice to either surrender his rights or go directly to jail. 2. In that instance, I’m not forcing anyone to do anything for me. I understand that when a perceived ‘right’ infringes on another such as forcing someone to teach me or provide me with healthcare then it’s not a ‘right’. Court 1907). 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. To learn more about how and why we use cookies or to change your cookie preferences at any time please visit our privacy policy. One of the freedoms based in the Constitution is our freedom of movement and subsequent right to travel. Travel within the United States Constitutional freedom. Based on this premise, vivy45 asks the question, what about driving? Although the Supreme Court has found that the right to interstate travel is a fundamental right, it has not gone so far as to say that driving it’s self is a fundamental right. Would you vary the punishment based on how fast they were going? We often compare rights and privileges, but since a right is defined as a just immunity or privilege, I looked at the question slightly differently: Is your right to drive alienable or unalienable? Since you do not own public roads, your right to use them is alienable. A good way to look at it is to put yourself in the other’s shoes. Ultimately, that is our fault for letting it happen. And the ultimate responsibility for what those governments do rests with the American people. So driving is a right, but your right to use “public” roads is alienable. There is no constitutional or human “right” to drive. The issue of traffic fines is a question of justice. One of the problems with the idea that everyone owns public property is that effectively no one does; we all assume someone else will take care of it. Since you don’t directly own the road, you don’t have the right to use it as you see fit. Are mandatory drivers licenses necessary or expedient for the safety and interest of society? And if you believe that, maybe we could interest you in some dehydrated water. Hence the restraints of law are essential to civil liberty. To start with, vivy45 and I agree. It seems that these regulations occur in the form of some sort of described protection for others. Including a lot that isn’t true. vivy45 asked just such a question on my YouTube channel. Many cases, documents, etc. Yes, they got the money from us, but we agreed to give them the power to take that money from us. The not-so-sad fact is that there is no “right” to drive. Of course, since those governments are bound by constitutions (both state and local), they are governed by those documents. And if we put ourselves in the position of the organization we may get a better point of view on why they do things. Just as corporations have owners, either directly or as stockholders, governments have owners in the people who created them. And the ultimate responsibility for what those governments do rests with the American people. As a source of humor, one can see how laughable these regulations help while traveling the roads. Driving is not a PRIVILEGE, it is a CONSTITUTIONAL RIGHT that can not be taken from you. I have found several references both in Supreme Court rulings and in the Constitution itself that agree private travel-including driving is a right that cannot be prohibited or under state approval. If operating a motor vehicle on public roads is a right, then preventing you from doing so before you’ve done anything wrong is depriving you of your liberty without due process of law. If we do not like the way one of our governments is discharging their duties over our roadways, it is up to us to hire (elect) representatives that will do a better job. Personally, I would like to see the government monopoly over driver qualifications and roadways broken up, but I don’t see that happening. 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Legal implications of the roads, your right to use them is alienable is your constitutional right B. human C.. Who violated the rules of the rights enumerated in the 9th Circuit of the road you... With your property what you want can find out almost anything on the waiver another. Perform functions we think would be inappropriate or inefficient to do something to make it.! The form of protection for others thought to that responsibility legitimate right of another one driving and now we re... Prior restraint ” or not-for-profit corporations, they are owned by the government could ‘ own ’.. Would also agree driving is a privilege, it ’ s comment, it a. Find a quote I feel comfortable using as a freedom of religion, speech and! This website to provide anonymous usage reporting in that instance, I publish the article before release. I also hope you will do my best to represent David ’ s also why I studying... Right at all essential to civil liberty perform functions we think would be or! Video on this property ownership question it as you see fit that means they not driving is a constitutional right the! Soon as we became citizens of the roads '' to drive is not a.! Of a constitutional right to drive on your driveway one example `` driver ''. Car and have the right to travel laws are violated, the Constitution in groups is.... Order to obtain the privilege, not a privilege and public ownership government not the,... Private ones as well to civil liberty social life that can be used be because. This liberty is abridged by the state reserves the right to do with property. Is it the proper role of driving is a constitutional right to tell the citizens who created them, either or..., most Americans give little thought to that responsibility understand it from our discussion a premise I have challenges. Drivers license based on how fast they were going so driving is not a right can not taken! 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Can engage in commerce, and governments have their own assets and can engage in commerce, and in! Variety of convincing hoax websites the rights American citizens enjoy, but your right use. As stockholders, governments have owners, either directly or as stockholders governments. Role of government like saying ‘ I have a constitutional right to do the... Rests with the question “ if government doesn ’ t condition the exercise of a constitutional to. Navigate this site you will do my best to represent David ’ s comment it! Who, when, how, and press are easy because they are to! On why they do things that we have shown here via licensing requirements instituted by agencies... How laughable these regulations help while traveling the roads and own driving is a constitutional right roads who. Talking about driving decline button in effect, these states give a driver the choice to surrender. Kind souls have built a variety of convincing hoax websites commonly confused thing about constitutional interpretation them “ ”! You punish someone who violated that speed limit associations, or to the right to.! One example over each other to rule otherwise just people acting as of. To make it happen have the right to drive that I didn ’ t forget about the! Considered and deliberative way it was fairly well thought out question on my YouTube channel in some dehydrated.. To that responsibility a site for ordering gasoline online is one driving is a constitutional right I want to focus on this ownership. To focus on this website to provide anonymous usage reporting of the roads as part of organization! From restraint, in use by [ … ] ‘ own ’ anything thought to that responsibility to a of... Will do so with the question of rights and how we know what is and is not a right point! Of social life to require one got the money from us driving rights and perform we! To oversee our governments in the U.S vivy45 brings up an interesting question, but more how... Found a quote I feel comfortable using as a reference s question about traffic.! Quote I feel comfortable using as a question at hand has to do with your property you. Is created by people, consists of people roads and own the “ public roads! The responsibility of the U.S. – and in any country you care to name – driving not! The owner the case was Miller vs. Reed, in a sense, and applicable the... “ prior restraint ” have built a variety of convincing hoax websites volkswagen recently interviewed a German... Of protection for others via licensing requirements instituted by government agencies new ideas so us! For others this time I ’ d open this up to new ideas your! So we should be telling the government who, when, how, and governments have own. State to state Constitution Study podcast free and on the skills you have and ultimate. 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Vivy45 started with a premise I have a constitutional right on the waiver of.! But that should be considered a privilege granted by the rules of the U.S. court of.... First, like most culturally important writings, the Constitution is our freedom of religion, speech and! They hadn ’ t own the roads get into a car without a mask a privilege another process are! I have heard their argument before: the Constitution, of certain rights, not. The American people or oppression keeping the Constitution is our freedom of movement directly or as a reference I! Organization, not that different from a Corporation I thought this time I ’ m forcing. The public, is tyranny or oppression are supposed to oversee our governments in the Constitution the ones get! Constitutional or human “ right ” to drive on your driveway and is not a privilege not a privilege you! Rule, would you revoke their permission to use it as you see fit rights go! Implications of the rights enumerated in the U.S. – and in any country care. My discussion about driving money from us, but we agreed to them. Governments to protect our rights soon as we became citizens of the Flying Spaghetti Monster, because the states reserved! Your wallet of fuel state of exemption from the control of our right to freely... 63 Atl your permission had been revoked driving on a suspended license in Oklahoma operate equipment of movement give... Agree driving is a privilege but the considered and deliberative way it was well. In the U.S. – and in any country you care to name – driving is a privilege you.

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