
11-16-2007, 06:58 PM
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Mental Jujitsu
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Join Date: Nov 2006
Posts: 952
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Quote:
REGULATION
“In addition to the requirement that regulations governing the use of the highways must not be violative of constitutional guarantees, the prime essentials of such regulation are reasonableness, impartiality, and definiteness or certainty.” 25 Am.Jur. (1st) Highways, Sect. 260.
and...
“Moreover, a distinction must he observed between the regulation of an activity which may be engaged in as a matter of right and one carried on by government sufferance of permission.” Davis vs. Massachusetts, 167 U.S. 43; Pachard vs. Banton, supra.
One can say for certain that these regulations are impartial since they are being applied to all, even though they are clearly beyond the limits of the legislative power. However, we must consider whether such regulations are reasonable and non-violative of constitutional guarantees.
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However, it may be remembered from my excerpts from George Mercer's Invisible Contracts posted here the following quote:
Quote:
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Yet despite this predominate skew towards contract priority in judicial Right to Travel doctrinal reasoning, annulment by the Supreme Court of criminal liability for the innocent use of public highways under circumstances where no collaborating damages were caused, would be appropriate; an honest assessment of the total factual picture by a sophisticated judge would result in the conclusion that merely driving a car down a street without a license does not ascend to the minimum threshold requirements that characterize legitimate criminal incarceration standards -- compelled contract or no compelled contract; those penal highway statutes exist by virtue of Special Interest Group sponsorship and pressure, and judges are diminishing their own stature and violate the restraining mandates inherent in the Republican Form of Government Clause, by letting clever and politically ambitious Special Interest Groups get away with whatever they can buy in Legislatures to damage innocent behavior under circumstances where unnecessary covenants within adhesive contracts are being asserted in tension with Substantive Natural Rights in the Locomotion area; other highway drivers have no assurance that another approaching car is not being driven by an unlicensed Citizen of France, who by virtue of his political status would not have an unlicensed motor vehicle operation penal statute thrown at him. Therefore, there is an inherent Assumption of Risk among all highway users that some drivers will necessarily have to be unlicensed, since it is literally legally impossible, and also unattractive for Foreign Relations reasons not related to preventing vehicular accidents, to maintain a perfect expectation of motorist licensing compliance.
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