|
An interesting and very strong argument can be made by your adversaries, arguing that it would be the failure of the states to preemptively regulate the highways by licensing that interferes with your Right to Travel, since having physiologically incompetent drivers out on the highways obstructs and interferes with the Right to Travel of those other drivers who are competent. "... it has always been recognized as one of the powers and duties of a Government to remove obstructions from the highways under its control." - In re Debs, 158 U.S. 564, at 586 (1894).
"Laws requiring that drivers be licensed and that applicants be subjected to thorough examination apparently are a more effective means of reducing accidents." - Note, Development of Standards in Speed Legislation, 46 Harvard Law Review 838, at 842 (1942).
In footnotes 31, 32 and 33, the Traveller's Insurance Company is found disseminating information on highway traffic accidents back in the 1920s and 1930s; having achieved their important objectives of filling the Motor Vehicle Statute books full of penal codes, the insurance companies largely faded away from the scene.
Do you see what a difficult corner clever insurance companies have worked judges into? Their arguments are logical, and coming up from a factual setting steeped in the presence of juristic contracts, great weight will be given to their arguments, no matter how self-serving, twisted, or vicious they may be. Special Interest looters, Tory Aristocrats, and Gremlins, reigning supreme up and down the corridors of American legislatures, have been going to work on the meat there since the founding of the Republic:
"That corruption should find its way into the Governments of our infant republic, and contaminate the very source of legislation, or that impure motives should contribute to the passage of a law, or the formation of a legislative contract, are circumstances most deeply to be deplored." - Fletcher vs. Peck, 10 U.S. 87, at 130 (1810).
Here in 1985, the only persons who would actually try and dispute the presence of looters in American legislatures are those folks who live most distant from reality, of which there are quite a few, and collectively they write many books which in turn propagates their error, which is sometimes intentional.
Whenever anyone, regardless of your relational Status off the highways, uses those Government highways, an invisible contract is in effect right then and there; it is not necessary for your regional Prince, the State, to adduce written evidence of your consent -- just like it is not necessary to get a contract in writing to get the contract enforced judicially. If I am a roofing contractor, and we agree to have me repair your roof, I don't need any written contract on you at all to throw Mechanic's Liens on your property, perfect an in rem Judgment against your house, and then sell at Foreclosure your own house right out from underneath you -- without anything having been placed "in writing;" I do not need your "consent" to get my money out of your house, if you default on the contract. A Highway Contract Protester would argue that since nothing was signed, the contract does not exist; but your arguments are defective, and you Protesters don't know what you are talking about.
When Protesters get up in the morning, get out the old car, and drive into the street, they are literally driving themselves into a contract -- as the Protester then and there accepted benefits conditionally offered by the State -- no where in your State Constitution does it require the Prince to build and maintain those Highways of his, so his building and offering those Highways for your consideration and possible use is purely discretionary on his part; nor is your Prince restrained from possessing any expectation of reciprocity from persons accepting the benefits derived from the use of those Government Highways.
Today, regional Princes are calling the shots on Highway regulatory matters -- tomorrow, the King intends to grab for himself those Highways. Executive Order 11921 ["Adjusting Emergency Preparedness Assignments..."], largely for use in a post-war scenario, claims jurisdiction to recover from National Emergencies [See 41 Federal Register 24293 for June 15th, 1976]. Sections 804(4)(b) ["Construction, use and management of highways, streets, and appurtenant structures..."] to justify this impending Federal grab, as soon as some emergency can be manufactured. This Executive Order 11921 superseded in art, and complemented in part, an earlier Executive Order 11940 from the Nixon era [October 28, 1969], that was designed to justify Federal pre-war seizure of everything.
So our Father's old Common Law isn't being contaminated at all by Star Chamber Traffic Court judges ignoring the fact that no Tort damages were caused by the criminal defendant, as they go about their work prosecuting technical infractions to Highway Contracts: Because neither of the twin Tort indicia of either mens rea or corpus delecti deficiency arguments sounding in the sugar sweet liability vitiating music of Tort Law that Highway Contract Protesters love to throw at Traffic Court judges, are not even relevant whenever contracts are up for review and enforcement -- they never have been, and they never will be...In some States, criminal procedure statutes were written in such a way that criminal intent was required to be adduced by prosecuting attorneys under circumstances where contracts are actually in effect. Patriots who know how to weasel out of traffic prosecutions in those few States where this legislative rule is in effect, by citing those criminal intent requirement statutes on no driver's license prosecutions, are not correct in associating any prevailing significance to the existence of those statutes, other than the fact that, yes, some clown in their legislature once messed up -- just like legislatures have messed up elsewhere in criminal procedure statutes in other states. Those State statutes were written by intelligentsia lawyers -- and so now the degenerate commingling of Tort indicia into contract infractions by a few states, together with the willful withholding of the identification of the creation of invisible contracts when special juristic benefits were quietly accepted out in the practical setting (benefits carrying regulatory hooks of lingering reciprocity expectations along with them) by many other States, is not to be construed as overruling the authenticity of the information presented herein. Errors and other enactments representative of improvident reasoning by legislatures are actually quite frequent in American legal history; and always remember that legislatures do not create Nature -- they never have and they never will.
Many folks out there are searching for a silver bullet; I hear references to that perennial search constantly. They are searching for some legal procedure, some great air-tight line of reasoning, some great legal brief that just ties it all together, to throw at the IRS and Traffic Court judges. These folks are missing the boat, so to speak, all together: Because the origin to their frustration lies in invisible contracts, and you become a party to those invisible contracts because you accepted some benefit someone else was conditionally offering.
"Men fight and lose the battle, and the thing that they fought for comes about in spite of their defeat, and when it comes, turns out not to be what they meant, and other men have to fight for what they meant under another name." - William Morris in A Dream of John Ball ["The Commonweal Magazine" (November 13, 1886); reprinted by Longmans Green and Company, London (1924)].
And for some philosophically uncomfortable reasons, the reciprocity on your part that the contract calls for is never forthcoming. Even walking into a shopping center could be a contract -- if the management so much as posts a notice giving some conditional or qualified use to persons entering therein and accepting the benefits the management is offering (such as requiring shoes and shirts, and so are the arguments of unfairness -- that those reciprocal terms of wearing shirts and shoes just don't apply to you because you traveled from just so far away -- as some shopping center security guard throws you out of the place -- is just whimpering). It is actually the continued refusal by Protesters to first see, and then honor, invisible contracts that creates the friction that irritates Protesters so much, and the silver bullet you Protesters are looking for actually lies within yourself.
Remember that your use of those Government highways is your acceptance of a special benefit that Government created and offers, and since reciprocity is expected back in return, contracts are in effect: Automatic and invisible. And one of the ways out of a contract altogether is to prove Failure of Consideration (meaning that you did not accept any benefit the other party offered).
Another way out is through the preemptive intervention of International Law for those persons having Diplomatic Status through institutions recognized as such by the President of the United States. Another way to get out of a State asserted contract is to be a Federal Employee and start using those highways while engaged in Federal work. In an Opinion written by Mr. Justice Holmes, the Supreme Court once ruled that it is not Constitutionally permissible for a State to throw a slice of regulatory lex at a Federal Employee driving a motor vehicle on State highways while on Federal business. While touching on the broader recurring question of just what are those frequently overlapping contours of Federal/State legislative jurisdiction, the Supreme Court said that:
|