Boost_Addict_88
10+ Year Contributor
- 188
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- Dec 29, 2008
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Brazil,
BC_Canada
To the question and answer above: do you need a license to "drive" a car? No you don't. All your life you've heard that driving is a privilege, but in reality not only is it a Right, but driving isn't what you think it is. License plates, driver license, insurance and registration all fall under this. To "drive" is a commercial act (meaning you're operating to transport persons or goods for profit). Taxi driver, truck driver, newspaper delivery, etc, therefore you DO need the above mentioned items, but for one to travel the highway for pleasure, to get to work, etc, you DO NOT need those things. This Right is protected by the Constitution for the united states of America and the constitutions of the many states as well as backed by the Supreme Court.
The supremacy clause of the Constitution as stated in Article 6 paragraph 2 states "This Constitution, and the Laws of the united states, which shall be made in Pursuance thereof; and all treaties made, or which shall be made, under the Authority of the united states, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or the Laws of any State to the Contrary notwithstanding." US Supreme Court case Marbury v Madison backs this up. Shapiro v Thompson says that the Right to travel is a Right so basic it doesn't even need to be mentioned. Murdock v Pennsylvania says no state may convert a secured Liberty into a privilege and issue a license and/or fee. Shuttlesworth v Birmingham, AL says that if a State does knowingly convert a secured Liberty into a privilege and charge a license and/or fee, the citizen can ignore the law with impunity (which means they can't punish you). the same applies for any license.
The supremacy clause of the Constitution as stated in Article 6 paragraph 2 states "This Constitution, and the Laws of the united states, which shall be made in Pursuance thereof; and all treaties made, or which shall be made, under the Authority of the united states, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or the Laws of any State to the Contrary notwithstanding." US Supreme Court case Marbury v Madison backs this up. Shapiro v Thompson says that the Right to travel is a Right so basic it doesn't even need to be mentioned. Murdock v Pennsylvania says no state may convert a secured Liberty into a privilege and issue a license and/or fee. Shuttlesworth v Birmingham, AL says that if a State does knowingly convert a secured Liberty into a privilege and charge a license and/or fee, the citizen can ignore the law with impunity (which means they can't punish you). the same applies for any license.