thishereboi
Posts: 14463
Joined: 6/19/2008 Status: offline
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quote:
ORIGINAL: fucktoyprincess quote:
ORIGINAL: BamaD Nice try at derailing but driving is a privilege, not mentioned in that irrelevant old document you referred to. Not so fast. Freedom of movement is, in fact, a constitutionally protected right. It is just that, LIKE EVERY OTHER RIGHT IN THE CONSTITUTION, it is subject to restrictions if there is sufficient governmental interest. The drivers' license, just like any other restriction on any other right, exists because the judiciary decided it was an important enough governmental interest to have it. ANY right in the Constitution can, in fact, be restricted if there is a strong enough governmental interest. It is all in how one chooses to define "governmental interest". Freedom of movement, which is what driving is, is not a "privilege" as you seem to think. From Wiki: Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." As far back as the circuit court ruling in Corfield v. Coryell, 6 Fed. Cas. 546 (1823), the Supreme Court recognized freedom of movement as a fundamental Constitutional right. In Paul v. Virginia, 75 U.S. 168 (1869), the Court defined freedom of movement as "right of free ingress into other States, and egress from them."[1] However, the Supreme Court did not invest the federal government with the authority to protect freedom of movement. Under the "privileges and immunities" clause, this authority was given to the states, a position the Court held consistently through the years in cases such as Ward v. Maryland, 79 U.S. 418 (1871), the Slaughter-House Cases, 83 U.S. 36 (1873) and United States v. Harris, 106 U.S. 629 (1883).[2][3] As early as the Articles of Confederation the Congress recognized freedom of movement (Article 4), though the right was thought to be so fundamental during the drafting of the Constitution as not needing explicit enumeration.[4] No one is saying he can't move around, as long as they don't throw him in jail he is free to go anywhere wants, he just won't be able to drive a car to do it.
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"Sweetie, you're wasting your gum" .. Albert This here is the boi formerly known as orfunboi
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