right or privilege?

From : donquijote1954

Q: mike hunter wrote what make you think driving is a right let alone a constructional right lol many people who shouldnt be driving are doing it so i guess its understood its 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 169 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. constitution. 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 constitution. - schactman v dulles 96 app d.c. 287 293. http//www.the7thfire.com/politics%20and%20history/drivingright.html .

Replies:

From : will honea

on sun 19 feb 2006 221941 utc mike hunter mikehunt2@mailcity.com wrote methinks you are confusing ones constitutional right to travel unrestricted within the various states with ones privilege of driving the conveyance in which one chooses to travel. get caught driving while unlicensed drunk or uninsured and see how quickly you will discover the difference between the two lol you hit my thought exactly - nowhere do any his citations extend the right to travel to include the right to operate a motor vehicle or other device. in point of fact those citations are satisfied by being a passenger in any publically available mode of transport - or walking. -- will honea .

From : mike hunter

methinks you are confusing ones constitutional right to travel unrestricted within the various states with ones privilege of driving the conveyance in which one chooses to travel. get caught driving while unlicensed drunk or uninsured and see how quickly you will discover the difference between the two lol mike hunt mike hunter wrote what make you think driving is a right let alone a constructional right lol many people who shouldnt be driving are doing it so i guess its understood its 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 169 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. constitution. 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 constitution. - schactman v dulles 96 app d.c. 287 293. http//www.the7thfire.com/politics%20and%20history/drivingright.html .