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Originally Posted by MinionoftheMAN
I am a legitimate Minion of The Man. I really actually work in the basement for the person posting comments under the user name of "The Man." That person is really an attorney working in the lower 48 and is extremely bright. I hardly believe The Man to be on the path that leads to wearing "black dresses." The Man enjoys throwing pro se actions out on their ear, and yes, The Man always wins. To date, The Man has never lost to a pro se complainant.
Briefly, because it requires no more, the string of argumentation suggesting that it is against THE LAW to be required to register your vehicle, is flawed. The right, and it is a right, is to TRAVEL. You will not find case law, of which I am aware, which states that citizens of the USA or others living on North America within the boundaries the majority of the known world accepts as the boundaries of the USA, i.e., all people who feel that they are exempt from the laws of the States or the federal government, have the RIGHT to drive a car. There is no right to drive a car. Travel simply does not equate to using a vehicle on city, county, state, federal, or any other entity's road system. The argument is flawed at that point and it stops there. the judge throws out the case. Chalk another one up for the minionoftheMAN
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MinionOfTheMan, Below is an argument based on case law that supports the soveriegn's unalienable RIGHT to travel in his conveyance of choice on public highways. You can find this in its entirety in the downloads section. I really don't think all of this is even necessary to prove the point. Just read the Constitution for the United States of America and the Bill of Rights.
1. The issue is whether this Sovereign is required to obey the provisions in the state statutes. It is the contention of this Sovereign that because he is a Free and Natural Person who has given up none of his "RIGHTS." That the legislative enactments and statutes do not apply to him. It is also the contention of this Sovereign that travels upon the streets or highways in any state of America by this Sovereign is an unalienable "RIGHT." Being this, is not subject to regulation or legislation by any "State" of the united States.
2. Let us first consider the contention of this Sovereign that travels upon the streets or highways in America is a "RIGHT." Various courts have ruled on this issue. The U.S. Supreme Court ruled:
2.1 The "RIGHT" to travel is a part of the liberty of which the Citizen cannot be deprived without due process of the law under the 5th Amendment. (Emphasis added) See: Kent v. Dulles, 357 U.S. 116, 125
3. The Supreme Court of Wisconsin stated in 1909:
3.1 The term "public highway," in its broad popular sense, includes toll roads -- any road which the public have a "RIGHT" to use even conditionally, though in a strict legal sense it is restricted to roads which are wholly public. (Emphasis added). See: Weirich v. State, 140 Wis. 98.
4. The Supreme Court of the State of Illinois ruled:
4.1 Even the legislature has no power to deny to a Citizen the "RIGHT" to travel upon the highway and transport his property in the ordinary course of his business or pleasure, through this "RIGHT" might be regulated in accordance with the public interest and convenience. (Emphasis added) See: Chicago Motor Coach v. Chicago, 169 N.E. 22
PRIVILEGE OR RIGHT?
6.1 The use of the highway for the purpose of travel and transportation is NOT a mere PRIVILEGE, but a "COMMON AND FUNDAMENTAL RIGHT" of which the public and individuals cannot rightfully be deprived. (Emphasis added) See: Chicago Motor Coach v. Chicago, supra; Ligare v. Chicago, 28 N.E. 934; Boone v. Clark, 214 S.W. 607; American Jurisprudence 1st Ed., Highways 163
6.2 Citizen's "RIGHT" to travel upon public highways includes right to use usual conveyances of time, including horse-drawn carriage, or automobile, for ordinary purposes of life and business. (Emphasis added) See: Thompson v. Smith (Chief of Police), 154 S.E. 579, 580
6.3 The "RIGHT" of the Citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a "COMMON RIGHT" which he has under the "RIGHT" to life, liberty, and the pursuit of happiness. (Emphasis added) See: Thompson v. Smith, supra.
7. It could not be stated more conclusively that Sovereigns of the states have a "RIGHT" to travel, without approval or restriction, (license), and that this "RIGHT" is protected under the U.S. Constitution. After all, who do the roadways belong to anyway? The People-At-Large. Here are other court decisions that expound the same facts:
7.1 .... [T]he streets and highways belong to the public, for the use of the public in the ordinary and customary manner. See: Hadfield v. Lundin, 98 Wn. 657; 168 P. 516;
7.2 All those who travel upon, and transport their property upon, the public highways, using the ordinary conveyance of today, and doing so in the usual and ordinary course of life and business. See: Hadfield, supra; State v. City of Spokane, 109 Wn. 360; 186 P. 864.
7.3 The "RIGHT" of the Citizen to travel upon the highways and to transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highways his place of business and uses it for private gain .... (Emphasis added) See: State v. City of Spokane, supra.
7.4 ...... [F]or while a Citizen has the "RIGHT" to travel upon the public highways and to transport his property thereon, that "RIGHT" does not extend to the use of the highways, either in whole or in part, as a place of business for private gain. For the latter purposes no person has a vested right to use the highways of the state, but is a MERE PRIVILEGE or license which the legislature may grant or withhold at its discretion .... (Emphasis added). See: Hadfield, supra; State v. Johnson, 243 P. 1073; Cummins v. Jones, 155 P. 171; Packard v. Banton, 44 S.Ct. 257, 264 U.S. 140 and other cases too numerous to mention.
8. The Washington State Supreme Court stated:
8.1 I am not particularly interested about the rights of haulers by contract, or otherwise, but I am deeply interested in the "RIGHTS" of the public to use the public highways freely for all lawful purposes. (Emphasis added). See: Robertson v. Department of Public Works, 180 Wash. 133 at 139
9. The Supreme Court of the State of Indiana ruled in 1873:
9.1 It is not the amount of travel, the extent of the use of a highway by the public that distinguishes it from a private way or road. It is the "RIGHT" to so use or travel upon it, not its exercise. (Emphasis added) See: ? Ind 455, 461
10. 11 American Jurisprudence 1st, has this to say:
10.1 The "RIGHT" of the Citizen to travel upon the public highways and to transport his property thereon, by horse-drawn carriage, wagon, or automobile, is NOT a mere PRIVILEGE which may be permitted or prohibited at will, but a "COMMON RIGHT" which he has under his right to life, liberty, and the pursuit of happiness. Under this constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with, not disturbing another's "RIGHTS," he will be protected, not only in his person, but in his safe conduct. (Emphasis added) See: 11 American Jurisprudence 1st., Constitutional Law, 329, page 1123
11. The Supreme Court of the State of Georgia ruled:
11.1 In this connection it is well to keep in mind that, while the public has an absolute "RIGHT" to the use of the streets for their primary purpose, which is for travel, the use of the streets from the purpose of parking automobiles is a privilege, and not a "RIGHT"; and the privilege must be accepted with such reasonable burdens as the city may place as conditions to the exercise of the privilege. (Emphasis added). See: Gardner v. City of Brunswick, 28 S.E.2d 135
12. The Supreme Court of the State of Colorado discussed the issue in the following way in 1961.
12.1 The Constitution of the State of Colorado, Article II, §3 provides that:
All persons have certain natural, essential and unalienable "RIGHTS," among which may be reckoned the "RIGHT" .... of acquiring, possessing and protecting property; ....
12.1.1 A motor vehicle is property and a person cannot be deprived of property without due process of law. The term: "property," within the meaning of the due process clause, includes the "RIGHT" to make full use of the property which one has the unalienable "RIGHT" to acquire.
12.1.2 Every Citizen has an unalienable "RIGHT" to make use of the public highways of the state; every Citizen has full freedom to travel from place to place in the enjoyment of life and liberty. (Emphasis added). See: People v. Nothaus, 147 Colo. 210
13. The Constitution of the State of Idaho contains the words:
13.1 All men are by nature free and equal, and have certain unalienable "RIGHTS," among which are ....; acquiring, possessing, and protecting property .... (Emphasis added).
14. The words of the Idaho Constitution are to all intents and purposes identical with those of the North Carolina Constitution. The Constitution of the State of North Carolina, Article I, §1, states as follows:
14.1 The equality and rights of persons. We hold it to be self-evident that all persons are created equal; that they are endowed by the Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness.
14.2 To be that statutes which would deprive a citizen of the rights of person or property without a regular trial, according to the course and usage of common law, would not be the law of the land. See: Hoke v. Henderson, 15 N.C. 15, 25 AM.Dec. 677
15. Since courts tend to be consistent in their rulings, it would be expected the Idaho Supreme Court would rule in the same manner as the North Carolina Supreme Court.
16. Other authorities have arrived at similar conclusions:
16.1 The Constitution for the United States of America, Amendment 9:
16.1.1 The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
17. The Constitution of the State of North Carolina, Article I, §36:
17.1 Other rights of the people. The enumeration of rights in this Article shall not be construed to impair or deny others retained by the people.
18. I demand all of my other rights, including the right to travel upon the public highways and byways in the United States of America.
19. The Constitution of the State of North Carolina, Article I, §2:
19.1 Sovereignty of the people. All political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
20. As member of the Sovereignty of the people, I not only am entitled to use the highways and byways in the United States of America, I have an inalienable right to use the highways and byways.
20.1 Highways are public roads which every Citizen has a "RIGHT" to use. (Emphasis added). See: 3 Angel Highways 3.
20.2 A highway is a passage, road, or street, which every Citizen has a "RIGHT" to use. (Emphasis added). See: Bouvier's Law Dictionary.
21. I have emphasized the word "RIGHT" because it is a common point among the authorities listed. The Idaho Code even joins in this common point:
21.1 49-301 (13) Street or highway. -- The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of "RIGHT," for purposes of vehicular traffic. (Emphasis added.) See: Idaho Code.
22. The United States Supreme Court has ruled that:
22.1 Undoubtedly the "RIGHT" of locomotion, the "RIGHT" to remove from one place to another according to inclination, is an attribute of personal liberty, and the "RIGHT," ordinarily, of free transit from or through the territory of any State is a "RIGHT" secured by the Fourteenth Amendment and by other provisions of the Constitution. (Emphasis added). See: Williams v. Fears, 343 U.S. 270, 274
23. Thus, there can be little doubt that, when this Sovereign travels upon the streets or highways in North Carolina, he does so as a matter of "RIGHT" and not privilege. The authority for such travel is described variously as a "RIGHT," a "COMMON RIGHT," an "ABSOLUTE RIGHT," an "UNALIENABLE RIGHT," and a "RIGHT" protected by the Constitution of the United States. Let us then examine the importance of these terms to this Sovereign by defining their meaning.
23.1 "RIGHT" -- In law,
(a) an enforceable claim or title to any subject matter whatever;
(b) one's claim to something out of possession;
(c) a power, prerogative, or privilege, as when the word is applied to a corporation. See: Webster Unabridged Dictionary
23.2 "RIGHT" -- As relates to the person, "RIGHTS" are absolute or relative; absolute "RIGHTS," such as every individual born or living in this country (and not an alien enemy) is constantly clothed with, and relate to his own personal security of life, limbs, body, health, and reputation; or to his personal liberty; "RIGHTS" which attach upon every person immediately upon his birth in the kings dominion, and even upon a slave the instant he lands within the same. (Emphasis added). See: 1 Chitty Pr. 32.
23.3 "RIGHT" -- A legal "RIGHT," a constitutional "RIGHT" means a "RIGHT" protected by the law, by the constitution, but government does not create the idea of "RIGHT" or original "RIGHTS"; it acknowledges them ..... (Emphasis added). See: Bouver's Law Dictionary, 1914, p. 2916
23.4 Absolute "RIGHT" -- Without any condition or incumbrance as an absolute bond, simplex obligatio, in distinction from a conditional bond; an absolute estate, one that is free from all manner of conditions or incumbrance .. A rule is said to be absolute when, on the hearing, it is confirmed. (Emphasis added). See: Bouvier's Law Dictionary.
23.5 Unalienable -- A word denoting the condition of those things, the property in which cannot be lawfully transferred from one person to another. See: Bouvier's Law Dictionary.
24. It shows from these definitions that the State has an obligation to acknowledge the "RIGHTS" of this Sovereign to travel on the streets or highways in North Carolina. Further, the State has the duty to refrain from interfering with this "RIGHT" and to protect this "RIGHT" and to enforce the claim of this Sovereign to it.
25. Now if this Sovereign has the absolute "RIGHT" to move about on the streets or highways, does that "RIGHT" include the "RIGHT" to travel in a vehicle upon the streets or highways? The Supreme Court of the State of Texas has made comments that are an appropriate response to this question.
25.1 Property in a thing consists not merely in its ownership and possession, but in the unrestricted "RIGHT" of use, enjoyment and disposal. Anything which destroys any of these elements of property, to that extent destroys the property itself. The substantial value of property lies in its use. If the "RIGHT" of use be denied, the value of the property is annihilated and ownership is rendered a barren "RIGHT." Therefore, a law which forbids the use of a certain kind of property, strips it of an essential attribute and in actual result proscribes its ownership. (Emphasis added). See: Spann v. City of Dallas, 235 S.W. 513
26. These words of the Supreme Court of Texas are of particular importance in Idaho because the Idaho Supreme Court quoted the Supreme Court of Texas and used these exact words in rendering its decision in the case of O'Conner v. City of Moscow, 69 Idaho 37. The Supreme Court of Texas went on to say further;
26.1 To secure their property was one of the great ends for which men entered into society. The "RIGHT" to acquire and own property, and to deal with it and use it as the owner chooses, so long as the use harms nobody, is a natural "RIGHT." It does not owe its origin to constitutions. It existed before them. It is a part of the Citizen's natural liberty -- an expression of his freedom, guaranteed as inviolate by every American Bill of "RIGHTS." (Emphasis added). See: Spann supra.
