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All of which were cited in Alexander Haig vs. CIA Agent Philip Agee, 435 U.S. 280, at 306 (1980), which reaffirmed the Right to Travel within the United States, and then distinguished that Right from the lessor administrative "freedom" to travel outside the terra firma of the United States as being discretionary, within reasonable limits, by the King over his Subjects, as all "Citizens" are operating under the administrative jurisdiction of contractual King's Equity. See also a separate but parallel Freedom of Movement Doctrine; and United States vs. Laub, 385 U.S. 475 (1966); and The Right to Travel: The Passport Problem by Louis Jaffee in 35 Foreign Affairs, at 17 (October, 1956) which discusses, at a light level, the national interest implications involved when the Right to Travel is under tension with statutes.
Patriots and Highway Protesters are reaching incorrect conclusions when they cite the Right to Travel Cases as being sufficiently substantive to annul state statutes requiring highway operator's licenses. Those Right to Travel Cases only offer a line of reasoning parallel with your objectives. Only in loose dicta does the reasoning found in the Right to Travel Cases support your position; so they offer a mitigating source of relief against state statutes, but not a necessarily vitiating source of relief. Nowhere did our Founding Fathers restrain the states from requiring licenses to operate motor vehicles or anything else on public highways, and the words Right to Travel do not even appear anywhere in the Constitution.
Remember the word public, as used by Judges, generally means Government. When appellate judges use the words affects a public interest to justify some further state intervention somewhere, what they mean is that a Government interest is affected. As applied to Highway law, partial justification for the state judicial affirmance of the requirement to hold an operator's license is the fact that the regulatory jurisdiction the State Legislature is asserting over those highways does, in fact, "affect a Governmental interest," as it is the state that spends the money to acquire the land, build the highway, and then spends incredible amounts of more money, year in and year out without any let up, to maintain those roads. If that does not affect a Governmental interest, then would someone explain just what would?
And although the words Right to Travel do not appear anywhere in the Constitution, the Supreme Court has, through their Opinions, given that right Constitutional status cognizance.
"...[The] right finds no explicit mention in the Constitution. The reason, it has been suggested, is that a right so elementary was conceived from the beginning to be a necessary concomitant of the stronger Union the Constitution created. In any even, freedom to travel throughout the United States has long been recognized as a basic right under the Constitution. ... The constitutional right to travel from one State to another... occupies a position fundamental to the concept of our Federal Union. It is a right that has been firmly established and repeatedly recognized." - United States vs. Guest, 383 U.S. 745, at 757 et seq. (1966) [Sentences were quoted out of order].
Although that statement is correct, it only applies to interstate travelling. Protesting Patriots suggesting that fraudulent factual averments of interstate travelling be adduced as defensive instruments in local traffic prosecution arguments, as I have heard, are improvident -- the selective incorporation of deception into your modus operandi will only postpone the day of arrival for that silver bullet which Highway Contract Protesters are searching for, a bullet which lies within yourselves.
But whatever de minimis protective penumbra the Right to Travel Cases offers, you are now invoking to abate both your regional Prince and the King's Tax Collectors who use Department of Motor Vehicle information and legal assumptions that information infers for their own enrichment purposes. In this circumstantial context of submitting a carefully pre-planned and prepared written Objection, where time is not of the essence, failure to cite your authorities (failure to explain your justifications) timely could be fatal. You are up against high-powered adversaries, and lightly drafting papers, as if you were on a picnic, is fatal. Judges do not owe you Justice aligned with your philosophy; those are adversary court proceedings you are in, where mere preponderance wins, and an insubstantive Objection is open to attack. (And remember that a Right to Travel also lies outside of, and beyond the reach of, the King's Charter (the Constitution)
Does the following restrainment on Government appear any place in the Constitution?...
"The streets belong to the public in the ordinary way. Their use for purposes of gain is special and extraordinary, and generally at least, may be prohibited or conditioned as the legislature deems proper." - Packard vs. Barton, 264 U.S. 140, at 144 (1923).
Some judicial forms from another era have applied the Liberty Clause in the Fifth Amendment to restrain the interference by the Federal Government in the Right to Travel area (but keep in mind that those Cases were ruled upon in an era when automobiles and other high-powered technology did not exist in the United States, and highway contracts with States did not exist then, as well).
"The right to travel is part of the "liberty" of which the Citizen cannot be deprived of, without due process of law under the Fifth Amendment... Freedom of movement across frontiers... and inside frontiers as well, was part of our heritage..." - Kent vs. Dulles, 357 U.S. 116, at 125 (1958).
So your objective in having the contours of the Driver's License restrained to now apply only to Highway Contract grievances, the Right to Travel being claimed is both of a Constitutional origin, as well as of a Natural origin, ex-Constitutional.
The Supreme Court once ruled that the Right to Travel interstate overruled State arguments of social or economic consequences:
"The right to interstate travel had long been recognized as a right of constitutional significance, and the Court's decision, therefore, did not require an ad hoc determination as to the social or economic importance of that right." - San Antonio School District vs. Rodriguez, 411 U.S. 1, at 32 (1973).
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