Ignoring the status quo, do you believe if motor vehicles were around when the founding fathers wrote the Constitution that Americans would need a license to drive a motor vehicle?
Did Americans need a license to drive a horse and buggy in 1787? Was the government allowed to search that buggy because a traffic violation gave them probable cause?
Should the 4th amendment be interpreted to include your car when it says, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."?
2007-01-22 18:05:21 · 16 answers · asked by Marcus 3 in Politics & Government ➔ Law & Ethics
Remeber some of our Rights have to wait until we are capable of sound judgement, such as voting.
2007-01-22 18:30:58 · update #1
Wellllll, let's remember that muskets and rifles DID exist, and the founding fathers didn't put anything in there about requiring licenses to use those... and they're a great deal more dangerous than motor vehicles.
2007-01-22 18:18:02 · answer #1 · answered by futurevizions 2 · 1⤊ 0⤋
A person should have the right to purchase a car. Driving it should be a privilege, I mean have you seen the idiots on the road? The states are well within the scope of the constitution to require a drivers license. Amendment X
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.
Perhaps they should have to have a warrant to search your car for anything that is not in plain sight. That being said since they had probable cause they would have gotten the warrant anyway.
2007-01-23 03:00:42 · answer #2 · answered by cashcobra_99 5 · 0⤊ 0⤋
It should be a right, so long as you are physically able to drive while not presenting a serious hazard to others. It should also be a priviledge once you actually own a licence because we can't have people on the road who have 5 DUI's and are ready for their sixth. If you live in a highly populated area like NJ or NYC there are so many cars, trucks, buses, etc...that it needs to be viewed as a priviledge based on your driving history because otherwise there would be even more accidents, and there's enough already.
I know what you mean about the law invading our lifestyle, but with this type of thing (transportation), it's more of a serious matter that requires some sort of system to manage the chaos.
2007-01-23 02:12:59 · answer #3 · answered by brewbeer212 4 · 1⤊ 0⤋
The need to drive a car is essential for many jobs today and is also essential for travel. Therefore, it is probably a right.
Indeed, the Supreme Court has deemed it a right, when you use you car to get to and from work. That's why you license can't be taking away without some sort of an opportunity for a hearing (procedural due process).
It should be a right, because it is an essential freedom needed in the modern world. I also think that access to the internet should be a right, for many of same reasons.
2007-01-23 02:19:19 · answer #4 · answered by tallthatsme 4 · 1⤊ 0⤋
Owning a car is not a privilege, but driving is.
And the courts allow an exception to the warrant requirement of the 4th amendment because of their mobility.
Would you prefer that an officer with probable cause to search your vehicle seize it until a warrant can be obtained? I think not.
2007-01-23 02:13:25 · answer #5 · answered by Citicop 7 · 1⤊ 0⤋
Driving a car is definitely a privilege. Driving a buggy was a lot less hazardess than driving a car. Also the fact that cars are very bad for the environment makes them a privilege.
2007-01-23 02:10:10 · answer #6 · answered by Anonymous · 1⤊ 0⤋
it is never a right, but a privilege. it is a 1 ton killing machine if its in the wrong hands. you must demonstrate that you are capable of driving without depriving others of life or property. the current system for searching cars is just fine.you have to have probable cause to search, get the owners consent, or drive into an area where you know you will get searched.
2007-01-23 03:54:41 · answer #7 · answered by Jen 5 · 0⤊ 0⤋
Drivers license is really more about common sense. After all 2nd amendment do mention right to bare arm, but do people allow kids to buy small arms, assault rifles? What about flying? What about surgery? License or certifications/qualifications too much to ask? I don't think cavemen needed certifications to perform minor surgeries may be. Driving is privilege.
2007-01-23 02:14:21 · answer #8 · answered by Anonymous · 1⤊ 0⤋
No, it isn't a right. Society doesn't owe you a car. And the very mobility of the car makes the requirement of a warrant problematic.
2007-01-23 03:55:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Owning a car is your right, if you can afford it, you can own it. Driving it is another thing. You have to know what you are doing while driving one of those things. They are thousands of pounds of steele, plastic and aluminum and can hurt and kill people if not driven correctly. As far as searching my vehicle, if they want to search it, let 'em search it. I have nothing to hide.
2007-01-23 02:23:04 · answer #10 · answered by ? 7 · 0⤊ 0⤋