how is it that States can tell you driving is a privilege and not a right and not get sued?

Question

Driving is our constitutional right not a privilege
how is it that states and police can constantly spit on the constitution of the united states even haul you to jail, for example for not having a valid drivers, licenses which is not required by constitutional law, state law and never be different than constitutional law how is it that all this takes place without the imprisonment of officers senators, governors and lawyers?
The use of the highway for the purpose of travel and transportation is NOT a mere PRIVILEGE, but a COMMON AND FUNDAMENTAL RIGHT of which the public and individuals cannot rightfully be deprived It could not be stated more Conclusively that a Sovereign Man in the 50 united States of America has a RIGHT to travel, without approval or restriction, (license), and that this RIGHT is protected under the U.S. Constitution.
see further example of constitutional law at: http://www.landrights.com/Travel.htm

Answer 1

Good question.
The right to travel is one of those 'silent rights' protected by the Ninth amendment which can not be 'disparaged'. You are correct technically. Only driving in commercial capacity ("for gain") can rightfully be regulated, with little exception.

"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 law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.

"...[F]or while a Citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, as a place of business for private gain. For the latter purposes no person has a vested right to use the highways of the state, but is a mere privilege or license which the legislature may grant or withhold at its discretion.... See: Hadfield, supra; State v. Johnson, 243 P. 1073; Cummins v. Jones, 155 P. 171; Packard v. Banton, 44 S.Ct. 257, 264 U.S. 140 and other cases too numerous to mention

It looks like the page you linked to references much of the case law regarding this, though I just glanced at it.

Officer Jack McLamb ( http://www.jackmclamb.com/ ) even addressed this in an issue of the Aid & Abet newsletter reprinted here (among other places): http://land.netonecom.net/tlp/ref/right2travel.shtml

Although with the ignorance and apathy of the general public along with how much money the State brings, the current practices and opinion of many courts isn't likely to change back to the constitutionally correct way it used to be anytime soon. Not many people have the time/inclination and legal knowledge/resources to 'fight the system' on this and many of those that have tried have lost. But this is not a simple issue and involves the bigger picture that includes the 'nanny state' philosophy thing.

Answer 2

It seems like you've recently been surfing to some of those anti-government "sovereign citizen" websites. Let me guess, you probably also think all income taxes are unconstitutional and there's some secret scheme to get out of paying the IRS? OK, I digress. Driving is a responsibility that is properly regulated in accordance with public safety, although I have to admit I do see some hypocrisy in referring to driving as a "privilege". You need to have a license to own a firearm and keep it registered and there are many things that can disqualify you from owning a gun, yet the government doesn't refer to that as a privilege but a Constitutional right. And in most places in the U.S. a car is an absolute necessity just to live, especially if you live in a rural area where there is no public transportation. If you don't have a car, then you simply don't have a job. To me, the term "privilege" implies that it's some kind of luxury that one can do without. Owning and driving a Mercedes-Benz is a privilege. Driving a rusty beaten-up Honda Civic is not. If you live in the middle of a metropolitan area like Manhattan, then perhaps you can prosper without a car. Anywhere else, I don't think so. It's not like most people can ride a bicycle anywhere they need to go, and it's illegal nowadays to ride a horse on a public street. So unless the government gets off it's @ss and significantly improves public transportation, then drivers (who pay the vast majority of taxes) shouldn't be treated as if they're only driving at the whim of the all-friggin-mighty state.

Answer 3

A right to travel is different than a right to drive. A bus can take you from place to place, for instance. You can walk. You can use a bicycle. However, driving requires certain responsibilities over and above the right to unrestricted travel. There is the moral responsibility to the other drivers on the road. A 2000 pound car traveling at 60 miles per hour is a lethal weapon. You are infringing on the safety of everyone on the road if you don't know how to properly operate a motor vehiclel Without guidelines, it would be chaos. I don't notice that you complain about the eye test that everyone has to pass in order to get a license. If driving were a 'right', then according to the Equal Rights laws, blind people would be able to drive. Personally, I think that public safety is more important than making sure that all the blind people get thier license.

Answer 4

Driving a "Constitutional Right?? What have you been smoking? It most definitely IS NOT a right. You might try and stand on the premise that by virtue of paying taxes towards road repair that this then deems it a right. But again, the highway system was actually designed as a means of evacuating large volumes of people and moving the military -- a product of the cold war, just as much as is the Zip Code with the postal service. Your logic is deeply flawed and therefore, I suspect your decision making process is equally as flawed.
Just like a credit card, the drivers license you carry is not your own, but rather is property of the state. Abuse it and they will take it from you. Rights cannot be taken from you, privileges can.

Answer 5

I'm not sure driving is a constitutional right, when there was no such thing in 1776 when the constitution was written. I do agree the roads are build and paid with tax dollars, and belong to everyone.

However, the government has a responsibility to keep them safe. They keep them safe by driver testing, and enforcement. Funds needed to keep the roads safe are paid for by the money collected from drivers licenses and vehicle registration.

Think of it like a membership to a gym. You have to pay your fair share to use the equipment. If you act in an unsafe manner at a gym, you will be asked to leave.

Answer 6

Something's wrong with your analysis of the words "use of the highway".... It simply means that, within the United States, we have the freedom to travel across state lines and along the roadways without fear of being stopped and asked for passports, or ID if we're from another state... or country, for that matter. I says absolutely NOTHING about anybody having the RIGHT to operate a motor vehicle... That's a privilege granted by each State's Motor Vehicles Division, in accordance with their Vehicle Code, and given to those who meet the criteria to drive.

Answer 7

OK smart guy, please tell me which article of the Constitution gives you the right to drive...

You have got to be the most ignorant person I have ever seen. You are sitting here claiming constitutional rights when it is VERY clear that you have never even read the Constitution!!!

The Constitution only grant 5 rights, and none of them have anything to do with driving. Yes, you have the right to travel (although this too is not a right granted by the Constitution, neither are all fundamental rights), but traveling is not the same as driving.

You are what is wrong with this country...

Answer 8

By your logic, air travel is also a right, and yet private companies still charge for tickets. What's up with that?

You do absolutely have the right to get into your car and drive anywhere you desire - without a license, without being a certain age, without having to obey any traffic laws - as long as you never leave your own private property. Once you get out on public roads, however, you must obey the rules and regulations that govern them, including getting a driver's license as evidence of your ability to operate a motor vehicle safely.

Answer 9

These people are all exactly right. I'd just like to add this.

An automobile can be a lethal weapon. It can kill people. Since all the roads you drive on are paid for and kept up by taxpayer funds, the state, on behalf of the taxpayer, has every right to demand that you license your CAR and that the car be handled by a licensed DRIVER who has proven a knowledge of the state's laws regarding the public roadways.

Perhaps a little refresher course on states' rights might be in order?

Answer 10

WOW! Your are much better than the average man at reading between the lines.
What Constitution have you been reading?

As a matter of FACT and not your own delusional fantasy, you do not have a RIGHT to drive.
Try reading the U.S. Constitution some time bucko.