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Supreme Court: The "Right" To Travel !

 
IATR
User ID: 1236031
United States
01/20/2011 01:57 PM
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Supreme Court: The "Right" To Travel !
It is settled law...And, because ALL judges must take and have an Oath, which invokes the Constitution, on file, the judges are interlocked into upholding this "Right" ! ! ! See the bolded and underlined section in Part 5 of the proposed Georgia Act and the seminal Supreme Court decision cited !

Here's the text of the Act...you may want to email, fax, or write to those proposing the Act and show your support !

10 LC 34 2350

House Bill 875

By: Representative Franklin of the 43rd

A BILL TO BE ENTITLED

AN ACT


To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain laws relating to drivers' licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Right to Travel Act."

SECTION 2.

The General Assembly finds that:

(1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right;

(2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta:

It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.

(3) Where rights secured by the Constitution of the United States and the State of Georgia are involved, there can be no rule making or legislation that would abrogate these rights. The claim and exercise of a constitutional right cannot be converted into a crime. There can be no sanction or penalty imposed upon an individual because of this exercise of constitutional rights;

(4) American citizens have the inalienable right to use the roads and highways unrestricted in any manner so long as they are not damaging or violating property or rights of others. The government, by requiring the people to obtain drivers' licenses, is restricting, and therefore violating, the people's common law and constitutional right to travel;

(5) In Shapiro v Thompson, 394 U.S. 618 (1969), Justice Potter Stewart noted in a concurring opinion that the right to travel "is a right broadly assertable against private interference as well as governmental action. Like the right of association...it is a virtually unconditional personal right, guaranteed by the Constitution to us all." The Articles of Confederation had an explicit right to travel; and we hold that the right to travel is so fundamental that the Framers thought it was unnecessary to include it in the Constitution or the Bill of Rights;

(6) The right to travel upon the public highways is not a mere privilege which may be permitted or prohibited at will but the common right which every citizen has under his or her right to life, liberty, and the pursuit of happiness. Under this constitutional guarantee one may, therefore, under normal conditions, travel at his or her inclination along the public highways or in public places while conducting himself or herself in an orderly and decent manner; and

(7) Thus, the legislature does not have the power to abrogate the citizens' right to travel upon the public roads by passing legislation forcing the citizen to waive the right and convert that right into a privilege.

SECTION 3.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by repealing Chapter 5, relating to drivers' licenses, and designating said chapter as reserved.

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

And, there you go ! Ya gotta love it
Anonymous Coward (OP)
User ID: 1236031
United States
01/20/2011 10:34 PM
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Re: Supreme Court: The "Right" To Travel !
bump ing for the graveyard shift. They'll be in a 1/2 hour !
FNG

User ID: 1237585
United States
01/20/2011 10:36 PM
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Re: Supreme Court: The "Right" To Travel !
Best thing I've seen in a looong time!!!

Good find OP!!

bump
Anonymous Coward
User ID: 1237577
United States
01/20/2011 10:39 PM
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Re: Supreme Court: The "Right" To Travel !
clappa
Butt Ugly Toad

User ID: 1235357
United States
01/20/2011 10:40 PM
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Re: Supreme Court: The "Right" To Travel !
Thank you OP! thumbs This is exactly what I needed for something I'm working on! speedbanan You just saved me a ton of research. worship

Ribbit hunter

"To pee or not to pee, that is the question!" - Old Toad Proverb

“Unbeknownst to most, Kindness is not a STD, so pass it on!” – Old Toad Proverb

Old Toad Proverbs: Thread: Old Toad Proverbs
Anonymous Coward
User ID: 1238136
United States
01/21/2011 09:21 AM
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Re: Supreme Court: The "Right" To Travel !
bump
Anonymous Coward
User ID: 1238329
United States
01/21/2011 11:33 AM
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Re: Supreme Court: The "Right" To Travel !
Thank you OP! thumbs This is exactly what I needed for something I'm working on! speedbanan You just saved me a ton of research. worship

Ribbit hunter
 Quoting: Butt Ugly Toad

Third OWI?
Anonymous Coward
User ID: 1238333
United States
01/21/2011 11:37 AM
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Re: Supreme Court: The "Right" To Travel !
Yes they have been working on this for awhile, so it is all said and done then? Or are they just now placing it into their state laws?
Anonymous Coward
User ID: 1238306
Sweden
01/21/2011 11:45 AM
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Re: Supreme Court: The "Right" To Travel !
What are the implications for the EU on this?
Butt Ugly Toad

User ID: 1235357
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01/21/2011 10:08 PM
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Re: Supreme Court: The "Right" To Travel !
Thank you OP! thumbs This is exactly what I needed for something I'm working on! speedbanan You just saved me a ton of research. worship

Ribbit hunter

Third OWI?
 Quoting: Anonymous Coward 1238329

States and local municipalities have anti-hitch hiking laws and anti-solicitation laws that are unconstitutional and I'm going after them. I've already been arrested and spent time in jail over them, now all I have to dew is write and file the petition but I needed that citation, along with the Watchtower citation I already have, as precident to prove my case. thumbs

Ribbit hunter

"To pee or not to pee, that is the question!" - Old Toad Proverb

“Unbeknownst to most, Kindness is not a STD, so pass it on!” – Old Toad Proverb

Old Toad Proverbs: Thread: Old Toad Proverbs

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