There is a long overdue issue of whether or not driving a car is a right or a privilege.
In my opinion, it should make absolutely NO difference whether you are walking, driving, flying, hovering, floating, or riding a bike or a beast of burden.
Traveling from place to place by the modes of the day to pursue happiness, should be a right. It should only to be licensed if it involves commercial activity and even then, licenses should never expire once issued.
Licenses to carry concealed weapons don’t expire. Licenses to operate other machinery and equipment don’t expire. In fact, logic would tell you that if it takes a certain proficiency level to obtain a license, then practice makes perfect. No need for renewal or retesting. Any argument that supports license renewal cannot avoid this fact. It’s a TAX, not authorized under the Constitution.
In addition, we need to clarify and quantify in law, exactly what defines a privilege and a right, and the difference between the two. A complete list of privileges should be created so all rights can be separated from them. In addition to that, we need rules concerning the limit of federal power over those privileges and from where they come.
In the Bill of Rights, we have described 14 rights and 18 restrictions, but none of our privileges. Even though privileges are mentioned as needing protection, NOWHERE does it say just exactly what our privileges are.
This leads to things like a license to drive or carry a concealed weapon, etc.
The State controlling normal behavior and normal activity under the umbrella of privileges rather than rights is another open invitation to oppression and tyranny. We may need an Amendment to fix this problem.
Replies
I have done a little homework on this, but I am missing some critical information that brings the subject to a close. I keep hearing that we have a Right to "travel". I need to know exactly where that Right is in "writing".
Another concept that I'd like to share with others, is that ANY License is a priveledge that can be taken away. The definition of a license, is to be "permitted" to do something that is illegal. That alone should allow any reasonable person to ask a multitude of questions. Who gives us a license to hunt and fish to feed ourselves? A license to possess firearms to protect ourselves and our country? A license to repair mechanical things? A license to be self-employed to care for our family? A license to marry? The list goes on. I'd rather understand how government perceives these things to be illegal in the first place. (Marriage License- We get married by God, but divorced by the courts. WTF!!!)
We need to prove to the lowly peasants how government has manipulated various ways to tax us under the impression, color of law, that we must have licenses for common acts that need no legislation, regulation, codes, statutes. Those specifics allow the oppressors to threaten us for violations of their illegal taxing creations. That is administrative theft by deception and color of law, called legislation. These codes, statutes, and regulations are enforced at gunpoint by police and courts with the threat of additional penalties of imprisonment, extortion of money, or theft of our Inalienable Rights.
Let's not confuse licenses with "certifications". Doctors, plumbers, electricians, mechanics might need to be certified to allow us to know that they have at least some basic training in areas where their handiwork might affect our well being. But not having certification doesn't make the act itself illegal!
Back to driving. Yes, we understand that we have state driver's tests before being issued a driver's license. Does that mean that the issuing authority is taking responsibility to any harm we might perform? Hmm. They alone are setting the requirements, certifying, and testing that we are trained and responsible to do some dangerous, unthinkable, illegal act! We have NO choice in the matter! They even issue the documentation stating our passing THEIR high standards.
We need some history. Back in time, a "driver's license" was "created" for those few individuals that were using our public roads as their means of doing business. Truck and bus drivers, taxis, moving companies. That was their storefront, our public paid-for roadways. But not the common citizen that used public roads for personal travel and enjoyment. But as all things government, they've found a way to tax everyone for the "priviledge". Under what authority did they make something public, illegal?
We need to learn about definitions. Driving vs Traveling, Passengers, occupants, and guests. Police Officer vs Peace Officer. Laws, statutes, codes, regulations. Vehicle, cars, automobiles. Private vs Commercial. One misplaced use of words gives a judge authority to prove we "consent" to all the tricky deception and we are a commercial driver for hire which requires us to obey all the commercial taxation and penalties.
Side Topics
Insurance LAWS
Presently, most states require "drivers" to have insurance. Although we all agree that it is a responsible idea, how can government require anyone to purchase insurance, under threat of penalty if we don't? That is the question with todays health insurance. They can't make us buy a product for our own good! But they do. They are now using automobile insurance as a "precedent" to prove they CAN make us purchase health insurance.
I asked my insurance company to remove the uninsured and underinsured fees from my policy. They couldn't. Then why are they itemized? If we all must have insurance, by law, why do I need double coverage if another driver is violating the law. Why do I pay for their insurance? Aren't we already covered for ANY damages no matter where it comes from? We have No-Fault legislation in my state. They couldn't answer. Another insurance scam! Let's stop playing games with the descriptions. If they want more money, just say so. Don't fabricate a deception that it's under the color of law. As long as we have uninsured and underinsured, why can't we go without insurance altogether and be responsible? If I am harmed by another, I can choose to pay an attorney to make me whole again. Don't need insurance for that. We have more than enough lawyers to go around. Same if I cause the harm.
I also asked my insurance company to insure me, NOT my cars. I can only operate one at a time, but I am required to pay several times for the priveledge. They check MY driving record to prove my responsibility, but charge me for the type of vehicles too. It's an extortion game under the color of law! They are using the states to give themselves some perception of authority to do whatever they want.
State Vehicle Registration
I have read that when we register vehicles, we give ownership to the States. They own them now. We just pay for and care for them. It also gives them the authority to tow away THEIR property when they find it adventageous. Anything that is registered is owned by the registering entity. Just like guns, everything registered can be taken away. I need more information on this also.
They own the registration plate itself, and the actual paper drivers license document. They can confiscate them at any time.
Mike,
That's a mouthful. First of all its privilege. That's how you spell it.
Second the right to travel is inferred in the right to pursue. One cannot "pursue happiness" without the right to travel from place to place in the common mode of the day. Did they need a driver's license to ride a horse in 1834? So travelling in the mode of the day today means a car. Period. That's my take on that.
Next, you're exactly right about all these permits and licenses, etc. Its ridiculous. And the whole thing does boil down to theft by deception and constructive fraud. Also you're right about the "commercial " nature of the "Driver's License". As far as the authority, they are acting under the commerce clause where, "Congress shall have the power to Regulate commerce...among the several States,...". There's you're authority. Bit of a stretch if you ask me.
As for insurance, you nailed it, but you can self insure by putting up $15k in an escrow account to at least partially cover any possible accident you may cause.
As far as getting those questions answered, good luck. Those are great questions, so don't expect a sane answer, you won't get one. And you missed the best question of all. What if I don't have an SSN? How can they require THAT? They require it in PA. How? On what authority do they require you to have one of those?
Finally, registrations are not the way they take ownership. They use Titles for that. That's why you only have a "Certificate of Title". Proof that a title does exist somewhere, but this is not it. It is simply evidence that a title does exist somewhere, usually in the possession of the respective State. NOT YOU! That's why you own NOTHING. Your house, your car, your land, your children. NOTHING. That's the truth nobody wants to address. Registration is just so they can find the guns, cars, etc.
I hope this clears a few things up for you. I'm no expert on the subject, but I think there's more to this whole thing than meets the eye and there isn't anybody in government who wants to talk about it. They will not "redress" our "grievances".
Traveling is a right while driving may be considered a privilege. If a driver is using a public road the owner of the road can expect some form of compensation from the driver.
How can a government created by the people require a person to obtain a permit to exercise a right granted to them by their Creator. A man's right to travel existed from the beginning of time, long before the ratification of the Constitution.
True Keith,
But I was speaking strictly about our country's history, not all of history. Thanks though for the lesson. I will try to be more clear.
The attached COPY to PDF for you will give you a good idea of what you are faced with.
I have known for a long time that in Florida, A drivers license is not required if you drive only for yourself, not for hire, and on public roads and thoroughfares.
The license is nothing but a defined seat, and the seat can be taxed. Simple as that. And you give up your rights.
I forgot one good point. On your license renewal, right above your signature, write in W/P (meaning Without Prejudice) UCC 1-308. The UCC was changed from 1.2xxx to 1.308 recently.
This reserves your rights. It also gets you out of DL court and into UCC. DL Courts are not constitutional courts. This is a very deep subject and requires google activity by all.
Point to remember, trap the JUDGE and the Police Officer if they drag you before court - but first get the court changed to a COURT OF RECORD with steno typist there working.
DL-FLA.pdf
Thank you for the PDF O.,
You are of course much too well informed. I investigated the file and found that I had seen it before. That's because I have submitted this document in court. The piece at the end by Jack McLamb is also familiar as I submitted that document to the very same court.
In fact I had a complete folder of documents covering everything from freedom and The Bill of Rights to sovereignty and the right to exist, not to mention the right to travel freely. Know what the lady Judge said in appellate court?
"I find for the State, pay on the way out."
Had that happen to me in Florida - 86 MPH on I10 head East through Madison County.
Behind two semi trucks side by side travelling 60.
In a car that had a max speed of 79 MPH down a mountain.
Vibration in Front end at 75 MPH. (Bad tire which blew a month later!
Burning watered down gas thinking I was using 93O when the cheat station filled it with 87O.
SO, I audited the State of Florida Ticket Revenue Trust Funds, and found $350+ million being stolen annually.
In appeals court for the ticket, I filed that the Police Officer was driving a Crown Victoria 4 door ford at time of stop, yet placed a radar gun certification from a Ford Mustang in the case folder, that there was a Hound Dog Standing on the Radar Gun, Slobbering, and shedding fur. Was the Judge stretching the imagination of the Judicial System, or accepting the readout of Slobber Flying and Fur Flying. This really did piss off the Judge.
5 Years later, the State of Florida asked me when I would give up on the traffic ticket, "Response, when I get my $280.00 back and an apology from the Judge for stealing it".
They wound up spending nearly $10,000,000 for a county by county traffic ticket recording system to account for every ticket written in Florida.
Parallel to this, the Clerk of Court went ballistic when challenged on his job duty about trying to sell me a piece of Justice.
The County Sheriff went ballistic when asked for the log of the deputy who wrote the ticket. Stating I would have to subpoena it to get it. I handed him a pre-written FOIA request and explained he would have time to alter records so I wanted it right now. Darn near tore his door off the frame. The deputy had written his last three or 4 tickets at 86 MPH (all in a row) A stop scam.
My mistake was letting the case go to traffic court. A non Judicial entity which you are right about - they have absolute decision.
Should have had it moved to County Court with a record opened.
This is some good research that all should look up and understand on why County Court vs Criminal Traffic Court.
Reading these accounts, can we see instances of conspiracy? When there's theft of money involved, does that fall under the definition of organized crime? I don't care if it's the local punks or our own government, conspiracy and organized crime needs to be exposed and stopped. How, I have no idea. The judges are corporate administrative agents who are there to extort our money and protect the scams. They own the police, judges, courts, and prisons. Where is the justice with a system designed in that manner?
To walk into the lion's den and expect to walk out alive is insane. It's not about justice, it's about money and control.
Is it time to force Common Law Courts? Didn't intend to change the subject, but under the scope of this ConstitutionClub theme we need remedies that work. Lawlessness has taken over every aspect of our lives. But let's continue to look for solutions on this topic.
Ye be right. One of my trades was teaching Computer Technology Seminars around the US and Cannada.
One seminar was in a room next door to an Annual JUDGE orientation (1 week) seminar. Where they teach Judges to be in Control.
(Similar to a military Officer making first STAR - 1 week training on GENERALSHIP and holding your friends for 25+ years at arms length and being in Charge)
Notice the similarity.
It is called intimidation.
So, I created a one hour part of my roving seminars to teach INTIMMIDATION.
How to intimidate the intimidator.
Have pulled this three or four times on Judges, Governor, Lawyers (including Collegiate licensing 12) and have won every time.
One word says it all. How to intimidate. And do not be intimidated.
Be the intimidator of the intimidator.
It works. (But in Court you had best do your homework on the specific subject before you try).
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