LifeSafer uses cookies on this website to provide anonymous usage reporting. Travel within the United States Constitutional freedom. This may help you understand my response to vivy45’s question about traffic fines. As you pointed out, the government is ‘owned’ by the people, and anything the government ‘gets’ it gets from the people, So how does the government ‘own’ anything? So we should be telling the government who, when, and under what conditions someone can use property owned by them. People who insist that driving is a right invariably point out that the Constitution guarantees freedom of movement. 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. Check facts. 1 min read “It’s like saying ‘I have a constitutional right to drive drunk’ … Which part do you not understand? In the U.S. – and in any country you care to name – driving is a privilege. Second, can someone find a reference from the founding era that the mode of transportation is not a factor in the right to travel? What are your thoughts? These states justify their laws based on two legal fictions — that driving is a “privilege, not a right,” and that by driving a car that the driver impliedly consents to have his blood and breath searched. And if you believe that, maybe we could interest you in some dehydrated water. So tell us what you think in the comments below. 778, 779 (Delaware Supreme. You could make the argument about roads but that should be either privatized or funded from the purchase of fuel. So, just as when a corporation builds a building it is owned by the corporation and not the individual stock holders, when the government builds a road it, and not the individual tax payers, own the road. But the truth is; We gave up all our rights soon as we became citizens of the U.S Corporation! The first is the right of a citizen to move freely between states, a right venerable for its longevity, but still lacking a clear doctrinal basis.2082 The second, expressly addressed by the first sentence of Article IV, provides a citizen of one state who is temporarily visiting another state the “Privileges and Immunities” of … David sees this as a freedom of movement right. vivy45 asked just such a question on my YouTube channel. I like your train of thought. 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. The act of driving does not force anyone to do something to make it happen. A man enjoys liberty when no physical force operates to restrain his actions or volitions. If they continued to ignore your rule, would you revoke their permission to use your driveway? People v. You don't NEED a "driver license" to drive a vehicle, ANYWHERE. You get your drivers license based on the skills you have and the rules you agree to follow. It is a privilege granted by the State you live in. And if we the people own the roads and own the car, doesn’t that make driving a ‘right’? “The RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts.” People v. So you can drive your car on your property, but you do not have the right to drive on someone else’s property. Of course, since those governments are bound by constitutions (both state and local), they are governed by those documents. The court reasoned that driving was not a "constitutional right" but a state-created "privilege," "subject to reasonable control by the State under its police power." That means they not only exercise power over government owned roads, but private ones as well. License plate scanners, in use by […]. I have heard their argument before: The constitution gives every citizen the right to travel freely from state to state. We call them “public roads”, but really they are owned by the government not the public. In effect, these states give a driver the choice to either surrender his rights or go directly to jail. But are only the rights enumerated in the Constitution the ones that get protection? Is it the proper role of government to tell the citizens who created it when they are qualified to operate equipment? What if I Just Don’t Install an Ignition Interlock Device in Oklahoma? What if I Just Don’t Install an Ignition Interlock Device in Nevada? vivy45 started with a premise I have discussed before. When asked about how Germany’s constitution would treat autonomous vehicles, he offered some insight, including both allowing autonomous vehicles and whether manual driving will be allowed after the technology matures. In that instance, I’m not forcing anyone to do anything for me. Rights that Americans take for granted often do not apply for drunk driving. 2 weeks ago. The Ninth Amendment to the Constitution specifies that just because a right isn’t specifically listed in the Constitution doesn’t mean it’s not a right and that it shouldn’t be protected. Driving Is A Constitutional Right! So driving is a right, but your right to use “public” roads is alienable. What was this wonderful question? We started talking about driving and now we’re into the ownership of “public” property. A public highway … In order to obtain the privilege, you must apply for a license and abide by the rules of the road. A government is just an organization. Would these be better? From this, I have two challenges for my readers. A site for ordering gasoline online is one example. However, like most culturally important writings, the Constitution is interpreted differently by different people. Some even assert that driver’s licenses are an unconstitutional infringement of individual rights. That myth was concocted by a few extreme civil libertarians who don’t know the first thing about constitutional interpretation. Just as corporations have owners, either directly or as stockholders, governments have owners in the people who created them. But, due to some crazy scheduling, the video on this topic got released first. What if I Just Don’t Install an Ignition Interlock Device in Michigan. Things like freedom of religion, speech, and press are easy because they are listed in the Constitution. It is a state of exemption from the control of others, and from positive laws and the institutions of social life. One of the more interesting ideas I came across while writing my book The Constitution Study, is this idea that governments aren’t all that special. 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. Rights are individual not collective, so even if you view the road as purchased collectively you do not have a right to it since that collection is organized under a contract, a Constitution, a Charter, or some other forming document. 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. 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.. Furthermore, if the roads are paid for with tax dollars, the people’s money, doesn’t that mean the People and not the government ‘owns’ the roads? And the Supreme Court has ruled many times that local jurisdictions have the right to regulate driving permits in this way. 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. Imagine you have a long driveway that connects one road to another, and you require people who drive on your driveway to prove they have the skills and training necessary to operate the vehicle (a license) and to drive no more than 15 MPH (because you are concerned about the safety of others on your property). Parents would also agree driving is a privilege not a right. A right has been subjected to a form of protection for others via licensing requirements instituted by government agencies. In a sense, the court was saying that driving is a privilege, not a right. There is no constitutional or human “right” to drive. The government can’t condition the exercise of a constitutional right on the waiver of another one. You mentioned that “We call them ‘public roads’, but really, they are owned by the government not the public”. 778, 779; Hannigan v. Wright, 63 Atl. But operating a motor vehicle still requires a license, because the states have reserved the right to require one. That in and of itself proves anyone has the right to get a license but driving is a privilege only given to those who drive safely. Again we have a property rights issue. So driving is a right, but your right to use “public” roads is alienable. And if we put ourselves in the position of the organization we may get a better point of view on why they do things. Since you don’t directly own the road, you don’t have the right to use it as you see fit. Although we don’t act that way, technically we “own” the governments (state, local, and federal), since We The People are ultimately sovereign in this nation. “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” – Miranda v. Arizona, 384 US 436, 491 (1966) “The claim and exercise of a constitutional right cannot thus be converted into a crime.” – Miller v. U.S., 230 F.2d 486, at 489 (1956) vivy45 then goes on to a different topic regarding the penalties for not following the rules, but I want don’t want to include too much personal information here. Sadly, most Americans give little thought to that responsibility. Is that a Right or a privilege? So when we talk about government doing something, it’s really just people acting as part of this organization. And we can’t forget about one the Chruch of the Flying Spaghetti Monster. The delightful Pacific Northwest Tree Octopus is another. The roads are an interesting question, but more about that later. I think you will encourage more cooperation with a calm, reasoned, logical argument based on facts and evidence than a claim that these fines are a violation of a person’s right to drive, since any such right to drive on government roads is an alienable right granted by said government. Every dollar goes directly to keeping The Constitution Study Podcast free and on the air. I believe we do, but have not found a quote I feel comfortable using as a reference. Post was not sent - check your email addresses! It seems that these regulations occur in the form of some sort of described protection for others. And it does. First, can anyone find a quote from a Founding Father that can be referenced to the effect of our right to travel? Just go to any government office and look at the more expensive items, like computers and furniture, and you’ll find asset tags that state “Property of …”. Driving is a _____. So we can expect to see the “driving is a constitutional right” pages fade away as people discard their mistaken ideas and embrace the truth. …nor be deprived of life, liberty, or property, without due process of law…. Driving is a ___________. Personally, I would like to see the government monopoly over driver qualifications and roadways broken up, but I don’t see that happening. 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. It is created by people, consists of people, and has all the foibles and failures of people. Woodhams says because driving is … One of the great things about living in a union of sovereign states is that those states can try things and we can learn from them. I don’t think driving should be considered a privilege. No. 2. Freedom of movement is not enumerated in the Constitution, but we all agree that we have a right to move along public roads without interference. Since you do not own public roads, your right to use them is alienable. We form governments to protect our rights and perform functions we think would be inappropriate or inefficient to do individually. The ability to drive is not considered a “fundamental interest,” according to department spokesperson Fred Woodhams. According to the Webster’s 1828 dictionary there are several types of liberty: LIB’ERTY, noun [Latin libertas, from liber, free.]. To start with, vivy45 and I agree. This liberty is abridged by the establishment of government. What about driving? When I learned that the first drivers of engined vehicles in the USA had no license, I started thinking about this issue of rights. In the U.S. – and in any country you care to name – driving is a privilege. If I get something wrong, I hope David will correct me in the comments, but it is important for everyone to recognize that this is my understanding, not necessarily David’s point of view. A restraint of natural liberty not necessary or expedient for the public, is tyranny or oppression. 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 - … 234, 236. Constitutional right B. human right C. game D. privilege. How would you punish someone who violated that speed limit? 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). Check facts. I hope you will take some time and comment on vivy45’s and my discussion about driving rights and public ownership. Corporations have their own money and can engage in commerce, and governments have their own assets and can purchase things. The Right to Drive is not a right at all. There is one comment I want to bring up for two reasons. Since the roads are owned by the government, then they can determine who, when, and under what conditions someone can use them. After you get your driving license you must continue to demonstrate your ability to drive safely on the road. I also hope you will do my best to represent David ’ s like saying ‘ have! Roads is alienable can use property owned by them scanners, in use by [ ]. 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