“Upon researching this subject over many months, substantial case law has presented itself that completely substantiates the position that the “right to travel unrestricted upon the nations highways” is and has always been a fundamental right of every Citizen.” This means that the “beliefs and opinions” our state legislators, the courts, and those of as involved in the law enforcement profession have acted upon for years have been in error. Researchers armed with actual facts state that U.S. case law is overwhelming in determining that – to restrict, in any fashion, the movement of the individual American in the free exercise of their right to travel upon the roadways, (excluding “commerce” which the state Legislatures are correct in regulating), is a serious breach of those freedoms secured by the U.S. Constitution, and most state Constitutions, i.e –it is Unlawful. THE REVELATION THAT THE AMERICAN CITIZEN HAS ALWAYS HAD THE INALIENABLE RIGHT TO TRAVEL RAISES PROFOUND QUESTIONS TO THOSE WHO ARE INVOLVED IN MAKING AND ENFORCING STATE LAWS. The first of such questions may very well be – If the States have been enforcing laws that are unconstitutional on their face, it would seem that there must be some way that a state can legally put restrictions, such as – licensing requirements, mandatory insurance, vehicle registration, vehicle inspections, D.W.I. roadblocks, to name just a few, on a Citizens constitutionally protected right. Is that not so? For the answer to this question let us Iook, once again, to the U.S. courts for a determination on this very issue. The case of Hertado v. California, 110 U.S. 516.states very plainly: “The State cannot diminish rights of the people.” “the assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice.”- Davis v. Wechsler, 263 U.S. 22, 24. Would we not say that these judicial decisions are straight to the point – that there is no lawful methodfor government to put restrictions or Iimitations on rights belonging to the people? Other cases are even more straight forward: “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” - Miranda v. Arizona, 384 U.S. 436, 491. “The claim and exercise of a constitutional right cannot be converted into a crime.· – Miller v. U.S., 230 F 2d 486, 489. “There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights.”- Sherar v. Cullen, 481 F. 945. ( There is no question that a citation/ticket issued by a police officer, for no drivers license, no current vehicle registration, no vehicle insurance etc. which carries a fine or jail time, is a penalty or sanction, and is indeed “converting a Right into a crime”.) We could go on, quoting court decision after court decision, however, In addition, the Constitution itself answers our question- “Can a government legally put restrictions on the rights of the American people at anytime, for any reason”? (Such as in this particular case – when the government believes it to be for the safety and welfare of the people). The answer is found in ARTICLE SIX of the U.S. Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;..shall be the supreme Law of the Land; and the judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not withstanding”. (This tells us that the U.S. Constitution is to be upheld over any state, county, or city Iaws that are in opposition to it.) In the same Article it goes on to say just who it is within our governments that is bound by this Supreme Law: “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;”. – ART. 6 U.S. CONST.
Posted on: Wed, 12 Nov 2014 21:52:00 +0000
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