I was the only one in my defensive driving class who took the time to think about it for a couple of seconds. It may sound good, and with it, to say driving is a privilege and not a right but it actually makes no sense. There are no government privileges in the United States of America. We live under the rule of law. For something to be a privilege some one or some part of the government would have to grant that privilege. A class member tried to argue that driving in not a right because it's not like voting. (its conditional) My argument back was that voting isn't absolute either. You lose it when you're get convicted of a velony. They also tried to say a judge can take away your driving privileges. Thats stupid too. First, a judge can't do anything unless a case is presented to him and second they have to state in the law why they are taking your ability to drive away.
2007-10-20 11:57:02 · 10 answers · asked by wisemancumth 5 in Politics & Government ➔ Law & Ethics
Finally, where are the people given the privilege to drive without having had to be tested, so I can avoid them?
See what happens when you go along with what people say without thinging about it.
2007-10-20 11:58:26 · update #1
I never said that driving is a absolute right. It's an earned right. I just gave an example of a right that has conditions (voting). Even freedom has conditions. If you rob a bank you will go to jail.
2007-10-20 12:15:01 · update #2
If you don't know how to drive you shouldn't, period. If you can't follow the rules of the road to keep everyone safe, than your privilege is revoked! What is so hard to understand? If you don't vote you only endanger yourself.
2007-10-20 12:01:47 · answer #1 · answered by Liberty against the NWO 3 · 2⤊ 2⤋
Driving is not a right because there is nothing in the Constitution mentioning it nor do any amendments to the Constitution address it. It's a privilege because you can only drive if you meet certain requirements (passing a test). Voting used to be like that -- you had to be able to afford to pay a poll tax and had to pass a literacy test. And yes your driving privileges can be suspended, the laws for that vary by state.
2007-10-20 12:09:00 · answer #2 · answered by soupisgoodfood 4 · 0⤊ 0⤋
The basic legal distinction is that a govt cannot take away a "right" -- except for very specific reasons based on very narrow criteria -- whereas the govt can take away (or not grant at all) a "privilege".
The privilege to drive is something the govt can give or take -- pretty much at will -- with only the barest requirements of due process (notice and opportunity to object).
Rights -- voting, working, travel (walking), free speech, free religion, right to counsel, etc. -- those cannot be limited much and can only be limited at all with the most serious of scrutiny.
2007-10-20 12:17:37 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
Driving is a privilege and not a right. It may be revoked for any reason which is related to a legitimate state interest, so long as they are not arbitrary. A right, on the other hand, can only be restricted for a compelling state interest and the restriction must be narrowly tailored so that it does not go beyond that compelling state reason.
The difference in lay terms. In order to infringe upon a privilege, the state must give a reason. In order to infringe upon a right, the state must give a very, very, very good reason and grovel a bit and beg and whine.
2007-10-20 12:11:08 · answer #4 · answered by legaleagle_45 2 · 1⤊ 0⤋
Because it is a privilege. A right would have no conditions tied to it, but you have to prove that you can understand the rules of the road, you can successfully operate a vehicle, your eyesight is sufficient or can be made sufficient to see what you need to see, etc.
2007-10-20 12:07:24 · answer #5 · answered by TheOnlyBeldin 7 · 0⤊ 1⤋
it variety of feels honest to me. first of all, no longer ending an task isn't a valid reason to no longer bypass to college. 2nd, possibly your mom approved the 1st day, yet you nevertheless skipped 2 days with out permission. You have been technically truant, no longer in basic terms a contravention of your mom and father' regulations, yet a contravention of the regulation. you ought to take the bus or deal along with your mom and father driving you to and from college and study from the journey.
2016-12-15 04:58:19 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Of course it is conditional. First, you have to pass the tests. Not smart enough to pass them - no driving for you. Then, you have to buy insurance (required in most states). Noone wants to insure you - no driving for you. Then you must be on good behavior in terms of driving properly and not abusing controlled substances. What is it, 2 DUIs till your licence gets revoked?
2007-10-20 12:06:32 · answer #7 · answered by Snowflake 7 · 1⤊ 1⤋
Driving is a right and not a privilege. Many will even tell you that being required to have a drivers license is unconstitutional.
2007-10-20 12:06:30 · answer #8 · answered by †Lawrence R† 6 · 0⤊ 2⤋
hmmmm... good points
but what is a velony?
2007-10-20 12:04:12 · answer #9 · answered by st_anger87 2 · 0⤊ 0⤋
che,are you back?
2007-10-20 12:42:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋