U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets
Paul LeBreton
Research Doctorate at Montessori N.A.S.A. Space Cadet Academy, Albuquerque
Wednesday, August 10, 2016
Ignatius of Loyola writings and history from a Catholic perspective.
From the Desk of Paul Stramer
As I have said many times, this website is here for the express purpose of finding solutions for the big mess we are in here in America, and articles are published from several authors that also have freedom in America as their focus. The authors that I publish here have their own opinions, and you and I can choose to agree or disagree, and what we write in the comments is regarded by the administration of this blog (me) as their own opinion. I do invite everyone to comment as they see fit, but follow a few simple rules.
As I have said in the introduction at the top of the blog "You will find some conflicting views from some of these authors. You will also find that all the authors are deeply concerned about the future of America. What they write is their own opinion, just as what I write is my own. If you have an opinion on a particular article, please comment by clicking the title of the article and scrolling to the box at the bottom on that page. Please keep the discussion about the issues, and keep it civil. The administrator reserves the right to remove unwarranted personal attacks. Use the golden rule; "Do unto others as you would have them do unto you."
I have from time to time removed some comments from the comments section, that were vicious personal attacks against an author, rather than an intelligent discussion of the issues, but very rarely. Foul language, and invective accomplish nothing but the creation of anger, and have no place here. We are here to arrive at the truth about what has been done to our country, and true history, not as we see it, but as our Creator sees it.
It is sometimes said that in America we have the "right to our opinion". I would say rather that we have the responsibility to see to it that our opinion is right, the way God sees it. With that I shall begin with my opinion and some history about Saint Ignatius of Loyola.
Posted by Paul Stramer at 11:31 PM 52 comments: Email This
Labels: Anna von Reitz, Catholic Faith, Paul Stramer
Thursday, October 10, 2013
U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets
If this is all true, just think of how much more we have been deceived about in law for the purpose of collecting our money to use for immorality and evil.
It's one thing to tax us for the roads. It's something else entirely to substitute our rights for government granted privileges, then charge fees for those so called privileges. Licensed privileges are NOT rights. See some links below this article for my comments on this and related subjects. You will see a big picture as to how they have twisted the laws to do this to us. People will only be pushed so far, and that point is being reached at breakneck speed these days.
I wonder when people will have had enough. I wonder when the "enforcers" of tyranny will realize they took an oath to the Constitution before God, and stop their tyranny? Will it be only when they are forced to do so? God Forbid!
We have agents of this fraud going around the country fleecing the people under fraud, threat, duress, coercion, and intimidation, sometimes at the point of a gun, to take their hard earned cash and to make the elite rich beyond belief, while forcing good law abiding people to lose their livelihood, and soon to steal their very bank accounts to prop up the big banks once again.
I fear we don't have much longer to wait for a total breakdown of society, and a crash of the currency. How about some comments on this?
Just click the comments link below.
Paul
U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets
Posted: 08 Oct 2013 04:18 PM PDT
Please prove this wrong if you think it is, with cites from cases as the author has done below.
U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely
U.S. Supreme Court says No License Necessary
To Drive Automobile On Public Highways/Streets
No License Is Necessary Copy and Share Freely
YHVH.name 1 1 U.S. SUPREME COURT AND OTHER HIGH COURT CITATIONS PROVING THAT NO LICENSE IS NECESSARY FOR NORMAL USE OF AN AUTOMOBILE ON COMMON WAYS
"The right of a citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty and the pursuit of happiness. Under this constitutional guaranty one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's rights, he will be protected, not only in his person, but in his safe conduct." Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135
"The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business." -Thompson vs. Smith, supra.; 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. 562, 566-67 (1979)
“citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access.” Caneisha Mills v. D.C. 2009
“The use of the automobile as a necessary adjunct to the earning of a livelihood in modern life requires us in the interest of realism to conclude that the RIGHT to use an automobile on the public highways partakes of the nature of a liberty within the meaning of the Constitutional guarantees. . .” Berberian v. Lussier (1958) 139 A2d 869, 872, See also: Schecter v. Killingsworth, 380 P.2d 136, 140; 93 Ariz. 273 (1963).
“The right to operate a motor vehicle [an automobile] upon the public streets and highways is not a mere privilege. It is a right of liberty, the enjoyment of which is protected by the guarantees of the federal and state constitutions.” Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966).
“A traveler has an equal right to employ an automobile as a means of transportation and to occupy the public highways with other vehicles in common use.” Campbell v. Walker, 78 Atl. 601, 603, 2 Boyce (Del.) 41.
“The owner of an automobile has the same right as the owner of other vehicles to use the highway,* * * A traveler on foot has the same right to the use of the public highways as an automobile or any other vehicle.” Simeone v. Lindsay, 65 Atl. 778, 779; Hannigan v. Wright, 63 Atl. 234, 236.
"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. Horton 14 Cal. App. 3rd 667 (1971)
“The right to make use of an automobile as a vehicle of travel long the highways of the state, is no longer an open question. The owners thereof have the same rights in the roads and streets as the drivers of horses or those riding a bicycle or traveling in some other vehicle.” House v. Cramer, 112 N.W. 3; 134 Iowa 374; Farnsworth v. Tampa Electric Co. 57 So. 233, 237, 62 Fla. 166.
“The automobile may be used with safety to others users of the highway, and in its proper use upon the highways there is an equal right with the users of other vehicles properly upon the highways. The law recognizes such right of use upon general principles. Brinkman v Pacholike, 84 N.E. 762, 764, 41 Ind. App. 662, 666.
“The law does not denounce motor carriages, as such, on public ways. They have an equal right with other vehicles in common use to occupy the streets and roads. It is improper to say that the driver of the horse has rights in the roads superior to the driver of the automobile. Both have the right to use the easement.” Indiana Springs Co. v. Brown, 165 Ind. 465, 468.
“A highway is a public way open and free to any one who has occasion to pass along it on foot or with any kind of vehicle.” Schlesinger v. City of Atlanta, 129 S.E. 861, 867, 161 Ga. 148, 159; Holland v. Shackelford, 137 S.E. 2d 298, 304, 220 Ga. 104; Stavola v. Palmer, 73 A.2d 831, 838, 136 Conn. 670
“There can be no question of the right of automobile owners to occupy and use the public streets of cities, or highways in the rural districts.” Liebrecht v. Crandall, 126 N.W. 69, 110 Minn. 454, 456
"The word ‘automobile’ connotes a pleasure vehicle designed for the transportation of persons on highways." -American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200 Motor Vehicle: 18 USC Part 1 Chapter 2 section 31 definitions:"
(6) Motor vehicle. - The term "motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways…"
10) The term "used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit. "A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received." -International Motor Transit Co. vs. Seattle, 251 P. 120
The term ‘motor vehicle’ is different and broader than the word ‘automobile.’" -City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232
"Thus self-driven vehicles are classified according to the use to which they are put rather than according to the means by which they are propelled" - Ex Parte Hoffert, 148 NW 20
"The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed. 825, held that carriages were properly classified as household effects, and we see no reason that automobiles should not be similarly disposed of.
" Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907). "...a citizen has the right to travel upon the public highways and to transport his property thereon...
" State vs. Johnson, 243 P. 1073; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct. 256; Hadfield vs. Lundin, 98 Wash 516, Willis vs. Buck, 263 P. l 982; Barney vs. Board of Railroad Commissioners, 17 P.2d 82 "The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived." Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163 "the right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business… is the usual and ordinary right of the Citizen, a right common to all." - Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781 “Every Citizen has an unalienable RIGHT to make use of the public highways of the state; every Citizen has full freedom to travel from place to place in the enjoyment of life and liberty.” People v. Nothaus, 147 Colo. 210. "No State government entity has the power to allow or deny passage on the highways, byways, nor waterways... transporting his vehicles and personal property for either recreation or business, but by being subject only to local regulation i.e., safety, caution, traffic lights, speed limits, etc. Travel is not a privilege requiring licensing, vehicle registration, or forced insurances." Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22. "Traffic infractions are not a crime." People v. Battle "Persons faced with an unconstitutional licensing law which purports to require a license as a prerequisite to exercise of right... may ignore the law and engage with impunity in exercise of such right." Shuttlesworth v. Birmingham 394 U.S. 147 (1969). U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 3 "The word 'operator' shall not include any person who solely transports his own property and who transports no persons or property for hire or compensation." Statutes at Large California Chapter 412 p.83 "Highways are for the use of the traveling public, and all have the right to use them in a reasonable and proper manner; the use thereof is an inalienable right of every citizen." Escobedo v. State 35 C2d 870 in 8 Cal Jur 3d p.27 “RIGHT -- A legal RIGHT, a constitutional RIGHT means a RIGHT protected by the law, by the constitution, but government does not create the idea of RIGHT or original RIGHTS; it acknowledges them. . . “ Bouvier's Law Dictionary, 1914, p. 2961. “Those who have the right to do something cannot be licensed for what they already have right to do as such license would be meaningless.” City of Chicago v Collins 51 NE 907, 910. “A license means leave to do a thing which the licensor could prevent.” Blatz Brewing Co. v. Collins, 160 P.2d 37, 39; 69 Cal. A. 2d 639. “The object of a license is to confer a right or power, which does not exist without it.” Payne v. Massey (19__) 196 SW 2nd 493, 145 Tex 273. “The court makes it clear that a license relates to qualifications to engage in profession, business, trade or calling; thus, when merely traveling without compensation or profit, outside of business enterprise or adventure with the corporate state, no license is required of the natural individual traveling for personal business, pleasure and transportation.” Wingfield v. Fielder 2d Ca. 3d 213 (1972). “If [state] officials construe a vague statute unconstitutionally, the citizen may take them at their word, and act on the assumption that the statute is void.” - Shuttlesworth v. Birmingham 394 U.S. 147 (1969). "With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police authority." Donnolly vs. Union Sewer Pipe Co., 184 US 540; Lafarier vs. Grand Trunk R.R. Co., 24 A. 848; O'Neil vs. Providence Amusement Co., 108 A. 887. "The right to travel (called the right of free ingress to other states, and egress from them) is so fundamental that it appears in the Articles of Confederation, which governed our society before the Constitution." (Paul v. Virginia). "[T]he right to travel freely from State to State ... is a right broadly assertable against private interference as well as governmental action. Like the right of association, it is a virtually unconditional personal right, guaranteed by the Constitution to us all." (U.S. Supreme Court, Shapiro v. Thompson). EDGERTON, Chief Judge: “Iron curtains have no place in a free world. ..'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 Constitution.' Williams v. Fears, 179 U.S. 270, 274, 21 S.Ct. 128, 45 L.Ed. 186. “Our nation has thrived on the principle that, outside areas of plainly harmful conduct, every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases.” Id., at 197. Kent vs. Dulles see Vestal, Freedom of Movement, 41 Iowa L.Rev. 6, 13—14. “The validity of restrictions on the freedom of movement of particular individuals, both substantively and procedurally, is precisely the sort of matter that is the peculiar domain of the courts.” Comment, 61 Yale L.J. at page 187. “a person detained for an investigatory stop can be questioned but is “not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest.”Justice White, Hiibel “Automobiles have the right to use the highways of the State on an equal footing with other vehicles.” Cumberland Telephone. & Telegraph Co. v Yeiser 141 Kentucy 15. “Each citizen has the absolute right to choose for himself the mode of conveyance he desires, whether it be by wagon or carriage, by horse, motor or electric car, or by bicycle, or astride of a horse, subject to the sole condition that he will observe all those requirements that are known as the law of the road.” Swift v City of Topeka, 43 U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 4 Kansas 671, 674. The Supreme Court said in U.S. v Mersky (1960) 361 U.S. 431: An administrative regulation, of course, is not a "statute." A traveler on foot has the same right to use of the public highway as an automobile or any other vehicle. Cecchi v. Lindsay, 75 Atl. 376, 377, 1 Boyce (Del.) 185. Automotive vehicles are lawful means of conveyance and have equal rights upon the streets with horses and carriages. Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 205; See also: Christy v. Elliot, 216 Ill. 31; Ward v. Meredith, 202 Ill. 66; Shinkle v. McCullough, 116 Ky. 960; Butler v. Cabe, 116 Ark. 26, 28-29. …automobiles are lawful vehicles and have equal rights on the highways with horses and carriages. Daily v. Maxwell, 133 S.W. 351, 354. Matson v. Dawson, 178 N.W. 2d 588, 591. A farmer has the same right to the use of the highways of the state, whether on foot or in a motor vehicle, as any other citizen. Draffin v. Massey, 92 S.E.2d 38, 42. Persons may lawfully ride in automobiles, as they may lawfully ride on bicycles. Doherty v. Ayer, 83 N.E. 677, 197 Mass. 241, 246; Molway v. City of Chicago, 88 N.E. 485, 486, 239 Ill. 486; Smiley v. East St. Louis Ry. Co., 100 N.E. 157, 158. "A soldier's personal automobile is part of his ‘household goods[.]’ U.S. v Bomar, C.A.5(Tex.), 8 F.3d 226, 235" 19A Words and Phrases - Permanent Edition (West) pocket part 94. "[I]t is a jury question whether ... an automobile ... is a motor vehicle[.]" United States v Johnson, 718 F.2d 1317, 1324 (5th Cir. 1983). Other right to use an automobile cases: - EDWARDS VS. CALIFORNIA, 314 U.S. 160 - TWINING VS NEW JERSEY, 211 U.S. 78 - WILLIAMS VS. FEARS, 179 U.S. 270, AT 274 - CRANDALL VS. NEVADA, 6 WALL. 35, AT 43-44 - THE PASSENGER CASES, 7 HOWARD 287, AT 492 - U.S. VS. GUEST, 383 U.S. 745, AT 757-758 (1966) - GRIFFIN VS. BRECKENRIDGE, 403 U.S. 88, AT 105-106 (1971) - CALIFANO VS. TORRES, 435 U.S. 1, AT 4, note 6 - SHAPIRO VS. THOMPSON, 394 U.S. 618 (1969) - CALIFANO VS. AZNAVORIAN, 439 U.S. 170, AT 176 (1978) Look the above citations up in American Jurisprudence. Some citations may be paraphrased.
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Posted by Paul Stramer at 9:58 AM 2 comments: Email This
Labels: commercial courts, contract law, drivers license, Right to travel, us corporation
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3 周I don't know how to post my proof I have pictures but I don't know where to post to or how never really been much to post before but I see a lot of nonsense now and people need to be made more aware?
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3 周I have a question that is baffling me, how true is this statement, I'm just trying to understand it in a more better light so that if I try to use it I don't miss use it.?? Persons faced with an unconstitutional licensing law which purports to require a license as a prerequisite to exercise of right… may ignore the law and engage with impunity in exercise of such right.”? Is it pretty much saying that I don't need a license to drive my own vehicle up and down the public road or highways , that I don't need registration or forced insurance as well but if I wanted to go to the store and get some milk without being harassed or pulled over, unless I absolutely did something to break the law of the Road. Would I be able to do that freely ??
former senior welder at WIS
3 个月If this is true what about hunting and fishing license, and insurance of personal property like your car? Just a question I don’t mean any harm here just looking for answers and information.
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4 个月I'm sorry you actually believe this nonsense. You need help. It is dangerous what you are doing. A lot of these people have families that you are causing big problems for by inciting this dishonest nonsense. I can explain in depth why you are wrong and how law language works. What you are doing is what we was taught as a way to learn for a test. It is a poor way of addressing this issue. I wish the school system never implemented this form of learning because kids of yesterday have a hard time using common sense and the ability to understand things in depth and separate misinformation from what is factual. Skimming the law and using only key words leaving out the complete statement can lead to misinformation and misunderstanding of the law. Sentence structure is so important when comprehending things in its entirety.
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6 个月Operating a "motor vehicle" DRIVING is transporting for hire/ commerce/employee. That's why it's a privilege/permission "granted" to you not a God given right you're born with, as in right to travel. Deceptive commercial language/ "STATUTORY" language it's "STATUTES" for your presumed implied "STATUS" as a US CITIZEN employee, not your private natural rights of the people. Learn the language and terms to over stand who it is intended for. The contractual legalese forfeits your rights on the road as soon as a policy enforcement officer initiating the unlawful detainment offers you a contract to give up your 4th and 5th amendment, by questioning you.