Travel Discuss how to reclaim the right to travel freely, public access, etc.


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Old 05-22-2006, 02:41 PM
mdf2775
 
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Declaratory Jugment

I would like to invite anyone who has previously put forth a Petition for Declaratory Judgment for the "Right to Travel" issue to attach it hereunder. I propose that we unite and work together to come up with a legally passeable Petition that will WIN in Court. To do so, we will need critics on both sides. We can take issue by issue and step by step and working together actually prove once and for all if our Rights can still be protected within our laws today.

From every thing I have read so far, a Citizen only gets one chance to get it right. Once you have submitted your Petition it will scrutinized and cut down in every way possibly so you will not win. Let us now think through every possible argument against us and get one Petition done right. To do this we will need a working copy of a 'failed' Petiiton that we can edit each of us online.

Anybody got one?
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Old 05-22-2006, 03:08 PM
UGA Lawdog UGA Lawdog is offline
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Join Date: Mar 2006
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yes and no

You do have the right to travel, intrastate as well as interstate, as a passenger. However, NO court in the history of this country, state or federal, has ever ruled that it is unconstitutional to require all persons who drive automobiles upon the public highways to obtain a license from the designated government agency (example: a State Department of Public Safety)

See, e.g., City of Bismarck v. Stuart (N.Dak. 1996) 546 N.W.2d 366 ("No court has ever held that it is an impermissible infringement upon a citizen's constitutional Right to Travel for the legislature to decree that ... every person who operates a motor vehicle on public roads must have a valid operator's license.... The legislature has the constitutional police power to ensure safe drivers and safe roads.")

Other examples can be found in the thread "State v. Gibson."
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