Re: The Right of Locomotion
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Re: The Right of Locomotion
| proffsl | 26 Jul 2005 04:12 |
> Most of the people who today call them selves Americans are the > same people who have never read the constitution and have no > concept of rights And, I find their usually the first to respond, and always with heckles, assults, and slander. It's as if their afraid somebody might discocer their slavery and free them from their shackles. One poster, who goes by the name "The Real Bev", after making the typical personal assaults, nailed their own coffin of ignorance closed by writing:
The Real Bev wrote:
> OK, so as I see it we have the following rights: > 1. To be semi-attached to the earth by gravity. > 2. To require oxygen in order to breathe. > 3. To require food and water in order to continue life. > 4. To require sufficient shelter to enable continued life. None of these are Rights, but instead are just the facts of life. Item 1 being a Law of Nature. Items 2 thru 4 being needs.
Rights are NOT what others are obligated to provide you. Instead, Rights are what others are obligated to allow you.
> "... reserved to the states or to the people..." Anything NOT > specifically listed in the constitution as something the feds have > control over is a states right and if it's not listed as a states > rights, it's the citizens right. Also, if it is reserved to the people, NO State shall infringe upon it by Law either denying it or converting it to a privilege. And, as I have pointed out numerous times, the US Supreme Court has reserved to the people the Right of Locomotion Ordinarily used for Personal Travel on Public Right of Ways. Public Highways are Public Right of Ways. Therefore, State Driver Licensing Laws are indeed a Violation of our Right of Locomotion Ordinarly used for Personal Travel on our Public Highways.
> The legislatures and courts have systematically pissed all over > the constitution. And, their having control over our Public Education system provides them the opportunity to turn out a bumper crop of those very same Americans you spoke of above, being totally Ignorant of the nature of Rights, and making their transgressions of the Constitution that much easier to get away with.
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| Ashton Crusher | 25 Jul 2005 06:10 |
>> Here's more evidence of the RIGHT.. >> [quoted text clipped - 42 lines] >must be charged with a crime, and found guilty, before that particular >individual may be denied of a Right. Most of the people who today call them selves Americans are the same people who have never read the constitution and have no concept of rights "... reserved to the states or to the people..." Anything NOT specifically listed in the constitution as something the feds have control over is a states right and if it's not listed as a states rights, it's the citizens right. The legislatures and courts have systematically pissed all over the constitution.
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| proffsl | 24 Jul 2005 00:39 |
> Here's more evidence of the RIGHT.. > > http://www.sagebrushnews.com/wise.htm Apparently, this site is no longer carrying this particular story. Not that I doubt the story existed.
> By Jude Vollendorf, for the Sagebrush News
> "Personal liberty -- consists of the power of locomotion, of changing > situations, of removing one's person to whatever place one's > inclination may direct, without imprisonment or restraint unless by > due process of law." > Bovier's Law Dictionary, 1914 ed., Black's Law Dictionary, 5th ed.; > Blackstone's Commentary 134; Hare, Constitution, Pg. 777 Take note above of the use of the word "removing". Often, in denying our Right to remove ourselves from one place to another, people suggest one can always take a bus or a taxi. But, we don't have a Right to BE REMOVED. Instead, we have a Right to REMOVE OURSELF. We have the Right to TRAVEL. We DO NOT have a Right to be TRANSPORTED. If such a Right existed, others would be legally obligated to TRANSPORT us to where ever our inclination choose.
Additionally, such TRANSPORTS are generally Commercial entities, which DO NOT have a Right to even exist to begin with, and may exist only by the permission of the State. It is nonsensical to say we have a Right to something which itself doesn't even have a Right to exist.
Imagine you owned some property with roads on it. Imagine you hired someone to maintain those roads for you. Now, Imagine the person you hired begin to deny you the use of your own roads, forcing you to be subjected to using a Commercial Transport Service which this person you hired give his permission to use your roads. You would, or should, be outraged.
Also, take note of the phrase: "without imprisonment or restraint unless by due process of law."
Due Process of law is the Right to be charged of a crime, summoned to court, to receive an orderly proceeding, confronting your accuser, having the choice between a Judge or Jury, and to be assumed Innocent until proven guilty. What this means is that Rights may not be denied of everyone merely by Legislation, but that a particular individual must be charged with a crime, and found guilty, before that particular individual may be denied of a Right.
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| Ashton Crusher | 22 Jul 2005 06:07 |
>Is it really so difficult to shake off the harness? Clearly, in a knee >jerk fashon, you fealt the need to try to humiliate me. But, for who's [quoted text clipped - 50 lines] >particular stretch of Public Highway, Road, Path or other Public Right >of Way at any particular time. Here's more evidence of the RIGHT..
http://www.sagebrushnews.com/wise.htm
A Word To The Wise
Further enlightenment about the right to travel (drive)
By Jude Vollendorf, for the Sagebrush News Last issue I talked about the right to drive, or travel, at some length. But in conversations with friends (and foes) it has become clear that people in general believe the fiction the state has promulgated since the turn of the centurythat travel on the roads in a motor vehicle is a privilege. A privilege, of course, can be denied at will. And the state has increasingly denied individuals the right to travel for reasons further and further afield from regulating traffic and public safety. So I thought this time I would let the courts speak on the issue and see if some understanding can be achieved by all sovereign Citizens of the state of Oregon. There are many more quotes and cases than what are listed here, but for space considerations these will have to do.
"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. Under this Constitutional guarantee 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."
II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135
"The right to travel is an unconditional right which cannot be conditioned by the legislature."
Dunn v. Blumstein, 405 U.S. 330, 341 (1972)
"Personal liberty -- consists of the power of locomotion, of changing situations, of removing one's person to whatever place one's inclination may direct, without imprisonment or restraint unless by due process of law."
Bovier's Law Dictionary, 1914 ed., Black's Law Dictionary, 5th ed.;
Blackstone's Commentary 134; Hare, Constitution, Pg. 777
"A right which is free and open to all is not the subject of license."-- Freebourgh v. Dawson 274 F 420.
"Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience." Chicago Motor Coach v. Chicago, 169 NE 22.
("Regulated" here means traffic safety enforcement: stop lights, signs, etc.)
It could not be stated more conclusively that citizens of the states have a right to travel, without approval or restrictions (license), and that this right is protected under the U.S. Constitution. Here are other court decisions that expound the same facts:
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
"The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.
"Undoubtedly the right of locomotion, the right to move 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 14th amendment and by other provisions of the Constitution." Schactman v. Dulles, 96 App DC 287, 293.
"The claim and exercise of a Constitutional right cannot be converted into a crime." Miller v. U.S., F.2d 486, 489.
"...Based upon the fundamental ground that the sovereign state has the plenary control of the streets and highways in the exercise of its police power (see police power, infra.), may absolutely prohibit the use of the streets as a place for the prosecution of a private business for gain. They all recognize the fundamental distinction between the ordinary Right of the Citizen to use the streets in the usual way and the use of the streets as a place of business or a main instrumentality of business for private gain. The former is a common Right; the latter is an extraordinary use. As to the former, the legislative power is confined to regulation, as to the latter; it is plenary and extends even to absolute prohibition. Since the use of the streets by a common carrier in the prosecution of its business as such is not a right but a mere license of privilege."
Hadfield vs. Lundin, 98 Wash 516
"There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946.
"...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...as a place for private gain. For the latter purpose, no person has a vested right to use the highways of this state, but it is a privilege...which the (state) may grant or withhold at its discretion..." State v. Johnson, 245 P 1073.
The right to travel is implicated when a statute actually deters such travel, when impeding travel is its primary objective, or when it uses any classification which serves to penalize the exercise of that right.
Mitchell v. Steffen, 504 N.W.2d 198, 200 (Minn. 1993) (citing Attorney Gen. v. Soto-Lopez, 476 U.S. 898, 903, 106 S. Ct. 2317, 2320 (1986)), cert. denied, 510 U.S. 1081 (1994)..
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Ninth Amendment to the Constitution of the united States of America.
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| proffsl | 20 Jul 2005 09:22 |
Is it really so difficult to shake off the harness? Clearly, in a knee jerk fashon, you fealt the need to try to humiliate me. But, for who's benefit, for what purpose, and in who's eyes? I present you with evidence of my claim, you offer no counter evidence of any sort, then come off with some cutesy limerick! Are you under the impression you proved anything to anybody, other than the ability to plagerize cutesy limericks?
You have lived in this harness for so long, you are afraid to live without it, you are afraid to consider living without it, and to avoid doing that, you are afraid to even admit the harness exists! And, in your case, plagiarizing cutesy limericks is a defense mechanism, protecting you from unwanted thought and observations.
You probably wouldn't dare follow it, but this is a link to a site where the 1937 Detroit Michigan Driver's Handbook is shown. At the time of the publishing of this handbook, "driving" was still openly admitted by Cities and States as a Right. http://www.us-highways.com/trtdr00.htm
Let's try another approach at this. Surely you would have to admit our Constitution recognizes our Personal Right to Liberty. And, surely you would have to admit that this implies a Personal Right to Travel on Public Highways, Roads, Paths, and other Public Right of Ways. If you can't admit even this, then I can only think you humiliate yourself.
Assuming you admit we have the Personal Right to Travel on our Public Highways, in what manner should we Travel on them other than the Ordinary (the usual) manner of Travel on them? Should we be limited to only extraordinary manners of Travel on them, which in turn may be, and are in many places, prohibited because they obstruct the ordinary manner of Travel?
And, how can you have a Right to something extraordinary which can be prohibited because it obstructs the ordinary? You can't! If there must be a choice between the Ordinary manner of Travel and a certain extraordinary manner of Travel, the Right must always go with the Ordinary manner of Travel.
If you have the Right to Travel on Public Highways, Roads, Paths and other Public Right of Ways, then you have the Right to Travel on Public Highways, and you have the Right to Travel on Public Roads, and you have the Right to Travel on Public Paths, and you have the Right to Travel on other Public Right of Ways.
If you have the Right to Travel on Public Highways, then, formost, you have the Right to Travel on them in the manner Ordinarly used on them. The Ordinary manner yesterday was the Ordinary manner yesterday. The Ordinary manner today is the Ordinary manner today. The Ordinary manner tomorrow will be the Ordinary manner tomorrow.
We have the Right to the Ordinary manner of Travel used on any particular stretch of Public Highway, Road, Path or other Public Right of Way at any particular time.
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| Bernard Farquart | 20 Jul 2005 05:48 |
snip whine
If wishes were fishes, you sure would have a nice dinner, huh?
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| proffsl | 20 Jul 2005 03:20 |
The US Supreme Court has recognized our Right of Locomotion:
"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 14th Amendment and by other provisions of the Constitution." - Williams v. Fears, 179 U.S. 270 (1900) - http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=179&invol=270#274
Examine this carefully. This is YOUR Right. You NEED to Understand EXACTLY WHAT is your Right.
Note: "and the right, ordinarly"
Which Right? "of locomotion", "to remove from one place to another", "of personal liberty", "of free transit". AKA: Personal Travel.
How? "ordinarly".
Where? "from or through the territory of any state". AKA: Public Property.
We have the Right of Locomotion Ordinarly used for Personal Travel on Public Property.
Even expressed in this form, from experience debating this issue, there will be those who still don't understand what their Right is.
Let me rephrase it. On any particular stretch of Public Property, you have a Right to use WHATEVER Locomotion is Ordinarly used on that stretch.
On Public Sidewalks, the Locomotion Ordinarly used is Walking, and we have a Right to Walk on Public Sidewalks.
On Public Biketrails, the Locomotion Ordinarly used is Bikes, and we have a Right to Bike on Public Biketrails.
What is the Locomotion Ordinarly used for Personal Travel on our Public Highways?
It is, of course, the Automobile.
On Public Highways, the Locomotion Ordinarly used is the Auto, and we have a Right to use Autos on Public Highways.
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