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For many years Professionals within the criminal justice System have acted upon

the belief that traveling by motor vehicle upon the roadway was a privilege that
was gained by a citizen only after approval by their respective state governmen
t in the form of the issuance of a permit or license to that Particular individu
al. Legislators, police officers and court officials are becoming aware that the
re are now court decisions that prove the fallacy of the legal opinion that drivi
ng is a privilege and therefore requires government approval, i.e. a license. Som
e of these cases are:
Case # 1 Even the legislature has no power to deny to a citizen the right to trav
el upon the highway and transport his property in the ordinary course of his bus
iness or pleasure, though this right may be regulated in accordance with the pub
lic interest and convenience. Chicago Motor Coach v Chicago 169 NE 22
(Regulated here means traffic safety enforcement, stop lights, signs, etc. NOT a p
rivilege that requires permission i.e.- licensing, mandatory insurance, vehicle
registration, etc.)
Case # 2 The right of the citizen to travel upon the public highways and to trans
port his property thereon, either by carriage or by automobile, is not a mere pr
ivilege 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.- Thompson v
Smith 154 SE 579.
It could not be stated more conclusively that Citizens of the states have a righ
t to travel, without approval or restriction (license), and that this right is p
rotected under the U.S. Constitution. Here are other court decisions that expoun
d the same facts:
Case # 3 The right to travel is a part of the liberty of which the citizen cannot
be deprived without due process of law under the 5th Amendment. Kent v Dulles, 3
57 U.S. 116, 125.
Case # 4 Undoubtedly the right of locomotion, the right to remove from one place
to another according to inclination, is an attribute of personal Iiberty, and th
e right, ordinarily, of free transit from or through the territory of any State
is a right secured by the l4th Amendment and by other provisions of the Constitu
tion. Schactman v Dulles, 96 App D.C. 287, 293.
FUNDAMENTAL RIGHT
As hard as it is for those of us in Law enforcement to believe, there is no room
for speculation in these court decisions. The American citizen does indeed have
the inalienable right to use the roadways unrestricted in any manner as long as
they are not damaging or violating property or rights of another.
Government, in requiring the people to file for drivers licenses, vehicle registr
ations, mandatory insurance, and demanding they stop for vehicle inspections, DU
I/DWI roadblocks etc. without question, are restricting, and therefore violating,
the Peoples common law right to travel.
Is this a new legal interpretation on this subject of the right to travel? Appar
ently not. The American Citizens and Lawmen Association in conjunction with The
U.S. Federal Law Research Center are presently involved in studies in several ar
eas involving questions on constitutional law. One of the many areas under revie
w is the area of Citizens right to travel. In an interview a spokesmen stated: Upon
researching this subject over many months, substantial case law has presented i
tself that completely substantiates the position that the right to travel unrestr
icted upon the nations highways is and has always been a fundamental right of eve
ry Citizen.
This means that the beliefs and opinions our state legislators, the courts, and th
ose of as involved in the law enforcement profession have acted upon for years h
ave been in error. Researchers armed with actual facts state that U.S. case law
is overwhelming in determining that to restrict, in any fashion, the movement of
the individual American in the free exercise of their right to travel upon the
roadways, (excluding commerce which the state Legislatures are correct in regulati
ng), is a serious breach of those freedoms secured by the U.S. Constitution, and
most state Constitutions, i.e it is Unlawful.
THE REVELATION THAT THE AMERICAN CITIZEN HAS ALWAYS HAD THE INALIENABLE RIGHT TO
TRAVEL RAISES PROFOUND QUESTIONS TO THOSE WHO ARE INVOLVED IN MAKING AND ENFORC
ING STATE LAWS.
The first of such questions may very well be If the States have been enforcing l
aws that are unconstitutional on their face, it would seem that there must be so
me way that a state can legally put restrictions, such as licensing requirements
, mandatory insurance, vehicle registration, vehicle inspections, D.W.I. roadblo
cks, to name just a few, on a Citizens constitutionally protected right. Is that
not so?
For the answer to this question let us Iook, once again, to the U.S. courts for
a determination on this very issue.
The case of Hertado v. California, 110 U.S. 516. states very plainly: The State c
annot diminish rights of the people.
the assertion of federal rights, when plainly and reasonably made, is not to be d
efeated under the name of local practice.- Davis v. Wechsler, 263 U.S. 22, 24.
Would we not say that these judicial decisions are straight to the point that th
ere is no lawful method for government to put restrictions or Iimitations on rig
hts belonging to the people?
Other cases are even more straight forward:
Where rights secured by the Constitution are involved, there can be no rule makin
g or legislation which would abrogate them.
- Miranda v. Arizona, 384 U.S. 436, 491.
The claim and exercise of a constitutional right cannot be converted into a crime
. Miller v. U.S., 230 F 2d 486, 489.
There can be no sanction or penalty imposed upon one because of this exercise of
Constitutional rights.- Sherar v. Cullen, 481 F. 945. ( There is no question that
a citation/ticket issued by a police officer, for no drivers license, no curren
t vehicle registration, no vehicle insurance etc. which carries a fine or jail t
ime, is a penalty or sanction, and is indeed converting a Right into a crime.)
We could go on, quoting court decision after court decision, however, In additio
n, the Constitution itself answers our question- Can a government legally put res
trictions on the rights of the American people at anytime, for any reason? (Such
as in this particular case when the government believes it to be for the safety
and welfare of the people).
The answer is found in ARTICLE SIX of the U.S. Constitution:
This Constitution, and the Laws of the United States which shall be made in Pursu
ance thereof;..shall be the supreme Law of the Land; and the judges in every Sta
te shall be bound thereby, any Thing in the Constitution or Laws of any State to
the Contrary not withstanding. (This tells us that the U.S. Constitution is to b
e upheld over any state, county, or city Iaws that are in opposition to it.)
In the same Article it goes on to say just who it is within our governments that
is bound by this Supreme Law:
The Senators and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of the United
States and of the several States, shall be bound by Oath or Affirmation, to sup
port this Constitution;. ART. 6 U.S. CONST.
We know that Police officers, are a part of the Executive branch. We are Executiv
e Officers.
Article 6 above, is called the SUPREMACY CLAUSE, and it clearly states that, und
er every circumstance, the above listed officials in these United States must ho
ld this documents tenets supreme over any other laws, regulations, or orders. Ev
ery U.S. Police officer knows that they have sworn a oath to the people of our n
ation that we will not only protect their lives and property, but, that we will
uphold, and protect their freedoms and rights under the Supreme laws of this nat
ion, the U. S. Constitution.
In this regard then, we must agree that those within government that restrict a
Citizens rights, (such as restricting the peoples right to travel,) are acting i
n violation of his or her oath of office and are actually committing a crime aga
inst such Citizens. Heres an interesting question. Is ignorance of these laws an
excuse for such acts by officials?
If we are to follow the letter of the law (as we are sworn to do), this places of
ficials that involve themselves in such unlawful acts in a unfavorable legal sit
uation. For it is a felony and federal crime to violate, or deprive citizens of
their Constitutionally protected rights.
Our system of law dictates the fact that there are only two ways to legally remo
ve a right belonging to the people. These are #1 by lawfully amending the consti
tution, or #2 by a person knowingly waiving a particular right.
Some of the confusion in our present system has arisen because many millions of
people have waived their right to travel unrestricted upon the roadways of the sta
tes and opted into the jurisdiction of the state for various reasons. Those who
have knowingly given up these rights are now legally regulated by state law, the
proper courts, and sworn, constitutionally empowered officers-of-the-law, and mus
t acquire proper permits, registrations, insurance, etc.
There are basically two groups of people in this category:
#1 Any citizen that involves themselves in commerce, (business for private gain),
upon the highways of the state.
Here is what the courts have said about this:
For while a citizen has the right to travel upon the public highways and to transp
ort his property thereon, that right does not extend to the use of the highways,
either in whole or in part, as a place for private gain. For the latter purpose
no person has a vested right to use the highways of the state, but is a privile
ge or license which the legislature may grant or withhold at its discretion State
v Johnson, 243 P. 1073, 1078.
Other U.S. court cases that confirm and point out the difference between the righ
t of the citizen to travel and a government privilege are Barney v Board of Railroa
d Commissioners; State v City of Spokane, 186 P. 864.; Ex Parte Dickey (Dickey v
Davis), 85 S.E. 781.; Teche Lines v Danforth, 12 So.2d 784.
There are numerous other court decisions that spell out the JURISDICTION issue I
n these two distinctly different activities. However, because of space restricti
ons we will leave it up to officers to research it further for themselves. (See
last page for additional references).
#2 The second group of citizens that are legally under the jurisdiction of the s
tate is the individual citizen who has voluntarily and knowingly waived their ri
ght to travel unregulated and unrestricted by requesting placement under such juri
sdiction through the acquisition of a state drivers license, vehicle registratio
n, mandatory insurance, etc. (In other words by contract only.)
We should remember what makes this legal, and not a violation of the individuals c
ommon law right to travel unrestricted is that they knowingly volunteer, freely, b
y contract, to waive their right. If they were forced, coerced or unknowingly pl
aced under the states powers, the courts have said it is a clear violation of th
eir rights.
This in itself raises a very interesting question. What percentage of the people
in each state have filed, and received, licenses, registrations, insurance etc.
after erroneously being advised by their government that it was mandatory?
Many of our courts, attorneys and police officials are just becoming informed ab
out this important issue and the difference between Privileges vs. Rights. We can
assume that the majority of those Americans carrying state licenses, vehicle reg
istrations etc., have no knowledge of the rights they waived in obeying laws suc
h as these that the U.S. Constitution clearly states are unlawful, i.e. laws of n
o effect. In other words LAWS THAT ARE NOT LAWS AT ALL.
OUR SWORN DUTY
An area of serious consideration for every police officer, is to understand that
the most important law in our land he has taken an oath to protect, defend, AND
ENFORCE, is not state laws, nor city or county ordinances, but, that law that s
upersede all other laws in our nation, the U.S. Constitution. If laws in a parti
cular police officers state, or local community are in conflict with the SUPREME
LAW of our nation, there Is no question that the officers duty is to uphold the U.
S. Constitution.
What does this mean to the patrol officer who will be the only sworn Executive Offi
cer on the scene, when knowledgeable Citizens raise serious objections over posse
ssion of insurance, drivers licenses and other restrictions? It definitely means
these officers will be faced with a hard decision. (Most certainly if that deci
sion effects state, city or county revenues, such as the issuing of citations do
.)
Example: If a state legislator, judge or a superior tells a police officer to pr
oceed and enforce a contradictory, (illegal), state law rather than the Supreme
Law of this country, what is that sworn officer to do? Although we may not want to
hear it, there is but one right answer, the officer is duty bound to uphold his
oath of office and obey the highest laws of the nation. THIS IS OUR SWORN DUTY AN
D ITS THE LAW!
Such a strong honest stand taken by a police officer, upholding his or her oath
of office, takes moral strength of character. It will, without question, SEPARATE
THE MEN FROM THE BOYS. Such honest and straight forward decisions on behalf of a
government official have often caused pressure to be applied to force such offi
cers to set aside, or compromise their morals or convictions.
As a solace for those brave souls in uniform that will stand up for law and just
ice, even when its unpopular, or uncomfortable to do solet me say this. In any leg
al stand-off over a sworn official violating or upholding their oath of office, thos
e that would side with the violation should inevitable lose.
Our Founding Fathers assured us, on many occasions, the following: Defending our
freedoms in the face of people that would for expedients sake, or behind the guis
e, for the safety and welfare of the masses, ignore peoples rights, would forever
demand sacrifice and vigilance from those that desired to remain free. That soun
ds a little like Freedom is not free!
Every police officer should keep the following court ruling, that was covered ea
rlier, in mind before issuing citations in regard to mandatory licensing, registr
ation and insurance verses the right of the people to travel unencumbered:
THE CLAlM AND EXERCISE OF A CONSTITUTIONAL RlGHT CANNOT BE CONVERTED INTO A CRIME
. Miller v U.S., 230 F 2d 486. 489.
And as we have seen, traveling freely, going about ones daily activities, is the e
xercise of a most basic right.
AUTOMOBILE AND MOTOR VEHICLE
There is a clear distinction between an automobile and a motor vehicle. An autom
obile has been defined as:
"The word 'automobile' connotes a pleasure vehicle designed for the transportati
on of persons on highways." American Mutual Liability Ins. Co. vs. Chaput, 60 A.
2d 118, 120; 95 NH 200.
While the distinction is made clear between the two as the courts have stated:
"A motor vehicle or automobile for hire is a motor vehicle, other than an automo
bile stage, used for the transportation of persons for which remuneration is rec
eived." International Motor Transit Co. vs. Seattle, 251 P. 120.
The term 'motor vehicle' is different and broader than the word automobile.'"; C
ity of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232.
The distinction is made very clear in Title 18 USC 31:
"Motor vehicle" means every description or other contrivance propelled or drawn
by mechanical power and used for commercial purposes on the highways in the tran
sportation of passengers, or passengers and property.
"Used for commercial purposes" means the carriage of persons or property for any
fare, fee, rate, charge or other considerations, or directly or indirectly in c
onnection with any business, or other undertaking intended for profit.
Clearly, an automobile is private property in use for private purposes, while a
motor vehicle is a machine which may be used upon the highways for trade, commer
ce, or hire.
TRAVEL
The term "travel" is a significant term and is defined as:
"The term 'travel' and 'traveler' are usually construed in their broad and gener
al sense...so as to include all those who rightfully use the highways viatically
(when being reimbursed for expenses) and who have occasion to pass over them fo
r the purpose of business, convenience, or pleasure." [emphasis added] 25 Am.Jur
. (1st) Highways, Sect.427, p.717.
"Traveler: One who passes from place to place, whether for pleasure, instruction
, business, or health." Locket vs. State, 47 Ala. 45; Bovier's Law Dictionary, 1
914 ed., p. 3309.
"Travel: To journey or to pass through or over; as a country district, road, etc
. To go from one place to another, whether on foot, or horseback, or in any conv
eyance as a train, an automobile, carriage, ship, or aircraft; Make a journey."
Century Dictionary, p.2034.
Therefore, the term "travel" or "traveler" refers to one who uses a conveyance t
o go from one place to another, and included all those who use the highways as a
matter of Right.
Notice that in all these definitions the phrase "for hire" never occurs. This te
rm "travel" or "traveler" implies, by definition, one who uses the road as a mea
ns to move from one place to another.
Therefore, one who uses the road in the ordinary course of life and business for
the purpose of travel and transportation is a traveler.
DRIVER
The term "driver" in contradistinction to "traveler" is defined as:
"Driver: One employed in conducting a coach, carriage, wagon, or other vehicle..
." Bovier's Law Dictionary, 1914 ed., p. 940.
Notice that this definition includes one who is "employed" in conducting a vehic
le. It should be self-evident that this person could not be "travelling" on a jo
urney, but is using the road as a place of business.
OPERATOR
Today we assume that a "traveler" is a "driver," and a "driver" is an "operator.
" However, this is not the case.
"It will be observed from the language of the ordinance that a distinction is to
be drawn between the terms 'operator' and 'driver'; the 'operator' of the servi
ce car being the person who is licensed to have the car on the streets in the bu
siness of carrying passengers for hire; while the 'driver' is the one who actual
ly drives the car. However, in the actual prosecution of business, it was possib
le for the same person to be both 'operator' and 'driver.'" Newbill vs. Union In
demnity Co., 60 SE.2d 658.
To further clarify the definition of an "operator" the court observed that this
was a vehicle "for hire" and that it was in the business of carrying passengers.
This definition would seem to describe a person who is using the road as a place
of business, or in other words, a person engaged in the "privilege" of using th
e road for gain.
This definition, then, is a further clarification of the distinction mentioned e
arlier, and therefore:
Travelling upon and transporting one's property upon the public roads as a matte
r of Right meets the definition of a traveler.
Using the road as a place of business as a matter of privilege meets the definit
ion of a driver or an operator or both.
TRAFFIC
Having defined the terms "automobile," "motor vehicle," "traveler," "driver," an
d "operator," the next term to define is "traffic":
"...Traffic thereon is to some extent destructive, therefore, the prevention of
unnecessary duplication of auto transportation service will lengthen the life of
the highways or reduce the cost of maintenance, the revenue derived by the stat
e...will also tend toward the public welfare by producing at the expense of thos
e operating for private gain, some small part of the cost of repairing the wear.
.." Northern Pacific R.R. Co. vs. Schoenfeldt, 213 P. 26.
Note: In the above, Justice Tolman expounded upon the key of raising revenue by
taxing the "privilege" to use the public roads "at the expense of those operatin
g for gain."
In this case, the word "traffic" is used in conjunction with the unnecessary Aut
o Transportation Service, or in other words, "vehicles for hire." The word "traf
fic" is another word which is to be strictly construed to the conducting of busi
ness.
"Traffic: Commerce, trade, sale or exchange of merchandise, bills, money, or the
like. The passing of goods and commodities from one person to another for an eq
uivalent in goods or money..."; Bovier's Law Dictionary, 1914 ed., p. 3307.
Here again, notice that this definition refers to one "conducting business." No
mention is made of one who is travelling in his automobile. This definition is o
f one who is engaged in the passing of a commodity or goods in exchange for mone
y, i.e.., vehicles for hire.
Furthermore, the word "traffic" and "travel" must have different meanings which
the courts recognize. The difference is recognized in Ex Parte Dickey, supra:
"..in addition to this, cabs, hackney coaches, omnibuses, taxicabs, and hacks, w
hen unnecessarily numerous, interfere with the ordinary traffic and travel and o
bstruct them."
The court, by using both terms, signified its recognition of a distinction betwe
en the two. But, what was the distinction? We have already defined both terms, b
ut to clear up any doubt:
"The word 'traffic' is manifestly used here in secondary sense, and has referenc
e to the business of transportation rather than to its primary meaning of interc
hange of commodities." Allen vs. City of Bellingham, 163 P. 18.
Here the Supreme Court of the State of Washington has defined the word "traffic"
(in either its primary or secondary sense) in reference to business, and not to
mere travel! So it is clear that the term "traffic" is business related and the
refore, it is a "privilege." The net result being that "traffic" is brought unde
r the (police) power of the legislature. The term has no application to one who
is not using the roads as a place of business.
LICENSE
It seems only proper to define the word "license," as the definition of this wor
d will be extremely important in understanding the statutes as they are properly
applied:
"The permission, by competent authority to do an act which without permission, w
ould be illegal, a trespass, or a tort." People vs. Henderson, 218 NW.2d 2, 4.
"Leave to do a thing which licensor could prevent." Western Electric Co. vs. Pac
ent Reproducer Corp., 42 F.2d 116, 118.
In order for these two definitions to apply in this case, the state would have t
o take up the position that the exercise of a Constitutional Right to use the pu
blic roads in the ordinary course of life and business is illegal, a trespass, o
r a tort, which the state could then regulate or prevent.
This position, however, would raise magnitudinous Constitutional questions as th
is position would be diametrically opposed to fundamental Constitutional Law. (S
ee "Conversion of a Right to a Crime," infra.)
In the instant case, the proper definition of a "license" is:
"a permit, granted by an appropriate governmental body, generally for considerat
ion, to a person, firm, or corporation, to pursue some occupation or to carry on
some business which is subject to regulation under the police power." [emphasis
added] Rosenblatt vs. California State Board of Pharmacy, 158 P.2d 199, 203.
This definition would fall more in line with the "privilege" of carrying on busi
ness on the streets.
Most people tend to think that "licensing" is imposed by the state for the purpo
se of raising revenue, yet there may well be more subtle reasons contemplated; f
or when one seeks permission from someone to do something he invokes the jurisdi
ction of the "licensor" which, in this case, is the state. In essence, the licen
see may well be seeking to be regulated by the "licensor."
"A license fee is a charge made primarily for regulation, with the fee to cover
costs and expenses of supervision or regulation." State vs. Jackson, 60 Wisc.2d
700; 211 NW.2d 480, 487.
The fee is the price; the regulation or control of the licensee is the real aim
of the legislation.
Are these licenses really used to fund legitimate government, or are they nothin
g more than a subtle introduction of police power into every facet of our lives?
Have our "enforcement agencies" been diverted from crime prevention, perhaps th
rough no fault of their own, instead now busying themselves as they "check" our
papers to see that all are properly endorsed by the state?
How much longer will it be before we are forced to get a license for our lawn mo
wers, or before our wives will need a license for her "blender" or "mixer?" They
all have motors on them and the state can always use the revenue.
-------------------------------------
By: Jeff Ganaposki - "A novel strategy - get them to admit their source of auth
ority is your consent.
Addressing the judge, you might ask, Since governments are instituted to secure r
ights and govern by consent, I demand to be informed of the nature and cause of
this action against me. There is no injured party whose person or property was i
njured by me, which leaves only consent.
If I have surrendered my birthright of natural and personal liberty, which includ
es the right of locomotion upon the public streets and waterways, will this cour
t inform me of how and when I did so?
If the court is operating from the assumption that I had knowingly, willingly or
intentionally waived my birthright of sovereignty, freedom and independence, I h
ereby rebut that assumption and declare that I did not ever waive my rights.
Absent my consent to be governed by such rules and regulations, this court has no
other option than to dismiss all charges.