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Reply #57: Hmm [View All]

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Shotglass Donating Member (1 posts) Send PM | Profile | Ignore Sun Nov-06-11 07:31 AM
Response to Reply #56
57. Hmm
The fundamental right is for the right of travel. Even the US Supreme Court has ruled that "travel is a right and may not be restricted."
Each person has the right to travel from one place to another, which includes on the roadways.
However, how that person travels on said roadways may be regulated by the State for the public welfare.
Every State has determined that the operation of a motor vehicle involves an inherent danger to the public and therefore has enacted regulation for the public welfare. If you are denied a driver's license by the state then the state IS NOT restricting your right to travel. The state has determined one of two different things: 1. You have not developed the skill set required of driving a motor vehicle that demonstrates an ability to avoid endangering your fellow travelers; or 2. You have acted irresponsibly and endangered other travelers (DUI, reckless driving, etc.) You may still travel as a passenger in a bus or car. You may walk or ride a bike or even a horse if that's what you choose to do.
Kent v. Dulles, 357 U.S. 116 (1958) is often case law that is cited by those that attempt to prove that driving is a right that may not be rescinded. This case is taken out of context in that the issue was a denied passport; not a driver's license. In my limited knowledge, I cannot recall any case in which this was viewed as a valid defense.
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