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Re: The Right of Locomotion

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Re: The Right of Locomotion

Ashton Crusher31 Jul 2005 17:51
>> >> >If you really want information you should do is go back and reread the
>> >> >messages I left the previous time this nonsensical thread was started.
[quoted text clipped - 12 lines]
>Oh, now isn't that a cutesy response.  Will you be trying a
>nanny-nanny-goat next?

You volunteering for the position?

John S.30 Jul 2005 20:25
> >> >If you really want information you should do is go back and reread the
> >> >messages I left the previous time this nonsensical thread was started.
[quoted text clipped - 9 lines]
>
> No, were you?

Oh, now isn't that a cutesy response.  Will you be trying a
nanny-nanny-goat next?

Ashton Crusher30 Jul 2005 06:09
>> >If you really want information you should do is go back and reread the
>> >messages I left the previous time this nonsensical thread was started.
[quoted text clipped - 7 lines]
>build a self-sufficient cabin in the Montana or Michigan forest after
>buying survivalist supplies from some wacko shortwave broadcaster.

No, were you?

John S.29 Jul 2005 14:24
> >If you really want information you should do is go back and reread the
> >messages I left the previous time this nonsensical thread was started.
>
> Its not a nonsensical thread.  It has exposed you as a supine and
> willing tool of the gvt.

Tell me, in another life were you one of the conspiratorial loonies who
was sure the commies were massed just on the other side of the mexican
border ready to invade the U.S.  So sure that you probably rushed to
build a self-sufficient cabin in the Montana or Michigan forest after
buying survivalist supplies from some wacko shortwave broadcaster.

Ashton Crusher29 Jul 2005 05:30
>If you really want information you should do is go back and reread the
>messages I left the previous time this nonsensical thread was started.

Its not a nonsensical thread.  It has exposed you as a supine and
willing tool of the gvt.

John S.23 Jul 2005 13:05
If you really want information you should do is go back and reread the
messages I left the previous time this nonsensical thread was started.

Ashton Crusher23 Jul 2005 00:30
>> >> The US Supreme Court has recognized our Right of Locomotion:
>> >The remainder was snipped.
[quoted text clipped - 12 lines]
>think they are one in the same.  We are probably safe...there appears
>to be only one.

Instead of attacking the posters, why don't you explain why the court
rulings are wrong and why you WANT to be under the yoke of gvt and NOT
free to travel and use public highways without a license?

John S.22 Jul 2005 13:21
> >> The US Supreme Court has recognized our Right of Locomotion:
> >The remainder was snipped.
[quoted text clipped - 5 lines]
> yoke of gvt no matter WHAT evidence is presented to you that YOU ARE
> NOT.

Oh gawd!  I thought we only had one locomotion troll.  Could it be
proffsl has mutated and now can multiply by cell division?  Or maybe he
is just using another name.  Hmmm...wonder which one it is.  Since the
nonsense Ashton posted has many similarities to the proffsl posts I
think they are one in the same.  We are probably safe...there appears
to be only one.

Ashton Crusher22 Jul 2005 06:08
>> The US Supreme Court has recognized our Right of Locomotion:
>The remainder was snipped.
>
>Not this again...gawd!  I thought this horse was beaten dead into the
>ground the last time you mentioned this nonsense.

Its amazing how some people like you are determined to stay under the
yoke of gvt no matter WHAT evidence is presented to you that YOU ARE
NOT.  

==================

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 century—that 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.



John S.20 Jul 2005 20:55
> The US Supreme Court has recognized our Right of Locomotion:
The remainder was snipped.

Not this again...gawd!  I thought this horse was beaten dead into the
ground the last time you mentioned this nonsense.

proffsl20 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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