March 2, 2024
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Driving vs. Traveling

Driving vs. Traveling

 

Brought to you kind sir by the Supreme Court and our beautiful U.S. Constitution.

My dear friends, since humans were created they were free to travel how they saw fit. Likewise, Americans have shared in that same right since the dawn of our beautiful country. Americans have always had the right to travel freely and unencumbered from laws, regulations, statues, and licensing.

HISTORY
From the use of horse and buggy, to the early Model ‘T’, Americans have never been required to get “permission” to travel on the public roads or highways when it was for personal reasons. Has anything changed now that you have zippy fast cars?

Soon there were a lot of people on the roads for commercial purposes. This resulted in people lumbering along transporting generous loads on the roads with trucks and trailers, because of this the government felt the need to make laws and regulations to protect the innocent citizens from the dangers of this commercial traffic.

Following this, the government began requiring commercial drivers to register and obtain “licenses”, basically this meant they were getting permission from the government for use on the public roads and highways for commercial use.

This lead to a creative revenue stream requiring a registration to be paid by these divers for their vehicles to subsidize the extra wear and tear on the public highways.

Kindly, the government opened this up to the general public to become ‘drivers’ by “allowing” them to register their cars and get driver’s license if they choose.

“Then, through police misapplication, ticket writing, and false slogans such as “Driving is not a right, it is a privilege”, they have been able to get the general public to believe they had to be licensed and registered. It’s like an old wives’ tale which has become widely accepted. Even most cops (whose duty it is to know the law) don’t know and don’t care to learn these laws…They just like to keep writing those tickets….Cha-Chingggg.”

CURRENT PROBLEM
When you find yourself before a judge, more than likely they will pretend that cases against the driver’s license does not even exist or they will say the cases for previous Supreme Court ruling are too old… don’t fret, we have a bullet proof argument!

So what does the judges in the Supreme Court have to say about this… since they are the ones who judge law and who ALL other lower courts are inferior to?

This is not an easy struggle, but you can end up like several others before you, and go as you please without a license, registration, or insurance.

  • All citizens must be free to travel throughout the United States uninhibited by statutes, rules, and regulations… SHAPIRO v. THOMPSON 394 US 618
  • The RIGHT of the citizen TO TRAVEL UPON THE PUBLIC HIGHWAYS and to transport his property thereon, either by horse-drawn carriage OR BY AUTOMOBILE, IS NOT A MERE PRIVILEGE which the city may prohibit or permit at will, BUT IS A COMMON RIGHT. THOMPSON v. SMITH, 155 Va 367
  • The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived.” CHICAGO MOTOR COACH v. CHICAGO, 169 NE 221
  • If the state does convert your right into a privilege and issue a license and charge a fee for it, you can ignore the license and fee and engage in the right with impunity. SHUTTLESWORTH v. BIRMINGHAM, ALABAMA, 373 US 262

My car is NOT a “Motor Vehicle”

USC Title 18, § 31 9(6) – Definition of “Motor Vehicle”:

  • The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers and property, or property or cargo.

USC Title 18, § 31(10) – Definition of “Commercial Purposes”:

 

  • The term “used for commercial purposes” means the carriage of the persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking for profit.

So your car, SUV, or motorcycle is only a “commercial vehicle” if you are getting paid to “drive” it. If you are only using it to travel around to go to work, school, groceries, or any other private reason then it IS NOT A “MOTOR VEHICLE”.

Here is the dilemma, when the government started requiring the commercial vehicles to be registered and licensed it made that a regulable activity for that purpose. They made everyone else believe it was the same for the general public. The police, you and all your friends are taught that you are always ‘operating’ a ‘motor vehicle’ which are both commercial regulable activites.

May the state change the definition of a word or term (MOTOR VEHICLE) from the original meaning (USC Title 18, § 31 (6) to another definition to fit their own needs?  NO:

The state cannot change the meaning of “motor vehicle” and “driver” to fit their own needs: “Is the proposition to be maintained, that the constitution meant to prohibit names and not things? That a very important act, big with great and ruinous mischief which is expressly forbidden by words most appropriate for its description; may be performed by the substitution of a name? That the constitution, in one of its most important provisions, may be openly evaded by giving a new name to an old thing? We cannot think so.” […The State] cannot change the name of a thing to avoid the mandates of the Constitution.]” CRAIG v. MISSOURI, U S 29, 410

What the United States Supreme Court, the highest court in the land, says here is that the state cannot change the meaning of “person traveling” to “driver”,  and they cannot change the name or term of “private car,” “pickup” or “motorcycle” to “Motor Vehicle”. You declare original intent to prove your standing!

Another protection provided to you from the beautiful Constitution is the burden of jurisdiction is on them to prove that you were not traveling, but instead driving. This subject of Due Process is a powerful tool against the circus and revenue agents, aka police. We will put Due Process to work below by clicking ‘The Doubt’ button. Still not convinced, click the ‘Still doubt?‘ button below.

 

Traveling Legal Argument

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