Posted 2 years ago on Dec. 13, 2011, 2:41 a.m. EST by ScrewyL
This content is user submitted and not an official statement
[Note: This article consists entirely of nothing but verbatim quotations of widely accepted, long standing legal precedent; I will let the law, and the courts, speak for themselves.]
"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness."
II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135
Definition of 'Motor Vehicle':
" 'Motor vehicle' means every description or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, or passengers and property."
Title 18 U.S.C. § 31-6
"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
"Driver -- One employed in conducting a coach, carriage, wagon, or other vehicle"
Bovier's Law Dictionary, 1914 ed., Pg. 940
"Traffic -- Commerce, trade, sale or exchange of merchandise, bills, money, or the like. The passing of goods and commodities from one person to another for an equivalent in goods or money"
Bovier's Law Dictionary, 1914 ed., Pg. 3307
"The right to travel is part of the Liberty of which a citizen cannot be deprived without due process of law under the 5th Amendment"
Kent vs. Dulles, 357 US 116
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Amendment V to the Constitution of the United States of America
"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; Teche Lines vs. Danforth, Miss., 12 S.2d 784
"Heretofore the court has held, and we think correctly, that 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."
Willis vs. Buck, 263 P. l 982; Barney vs. Board of Railroad Commissioners, 17 P.2d 82
"The right of the citizen to travel upon the highway and to transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business for private gain in the running of a stagecoach or omnibus."
State vs. City of Spokane, 186 P. 864; Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781
"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
"... For 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 for private gain. For the latter purpose, no person has a vested right to use the highways of the state, but is a privilege or a license which the legislature may grant or withhold at its discretion."
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
"... It may be said that a tax of one dollar for passing through the state cannot sensibly affect any function of government or deprive a Citizen of any valuable Right. But if a state can tax ... a passenger of one dollar, it can tax him a thousand dollars. ... If the Right of passing through a state by a Citizen of the United States is one guaranteed by the Constitution, it must be sacred from state taxation."
Crandall vs. Nevada, 6 Wall 35, 46
"Complete freedom of the highways is so old and well established a blessing that we have forgotten the days of the Robber Barons and toll roads, and yet, under an act like this, arbitrarily administered, the highways may be completely monopolized, if, through lack of interest, the people submit, then they may look to see the most sacred of their liberties taken from them one by one, by more or less rapid encroachment."
Robertson vs. Department of Public Works, 180 Wash 133, 147
"The claim and exercise of a constitutional Right cannot be converted into a crime."
Miller vs. U.S., 230 F. 486, 489
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
Miranda vs. Arizona, 384 US 436, 491
"To be that statute which would deprive a Citizen of the rights of person or property, without a regular trial, according to the course and usage of the common law, would not be the law of the land."
Hoke vs. Henderson, 15 NC 15
"There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights."
Snerer vs. Cullen, 481 F. 946
"The state cannot diminish Rights of the people."
Hurtado vs. California, 110 US 516
"... the only limitations found restricting the right of the state to condition the use of the public highways as a means of vehicular transportation for compensation are (1) that the state must not exact of those it permits to use the highways for hauling for gain that they surrender any of their inherent U.S. Constitutional Rights as a condition precedent to obtaining permission for such use ..."
Riley vs. Laeson, 142 So. 619; Stephenson vs. Binford
"There should be no arbitrary deprivation of Life or Liberty ..."
Barbour vs. Connolly, 113 US 27, 31; Yick Wo vs. Hopkins, 118 US 356
"It is the duty of the courts to be watchful for the Constitutional rights of the citizen and against any stealthy encroachments thereon."
Boyd vs. United States, 116 US 616
"Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property ... and is regarded as inalienable."
16 C.J.S., Constitutional Law, Sect.202, p.987
"The courts are not bound by mere form, nor are they to be misled by mere pretenses. They are at liberty -- indeed they are under a solemn duty -- to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purported to have been enacted to protect ... the public safety, has no real or substantial relation to those objects or is a palpable invasion of Rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the Constitution."
Mulger vs. Kansas, 123 US 623, 661
"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."
Amendment IV to the Constitution of the United States of America