U.S. COURT DECISIONS CONFIRM “DRIVING A MOTOR VEHICLE” IS A CITIZENS RIGHT AND NOT A GOVERNMENT GRANTED PRIVILEGE. By Jack McLamb (from Aid & Abet Newsletter)

I wanted to post this article by Mr. Jack McLamb for the education/debate surrounding your “Right to Travel” and the government turning your basic right of movement from a right into a privileged.

The interesting verdict in this article is that, it is backed with multiple case law citations.

In 2011, Georgia Representative, Bobby Franklin (R), introduced a bill “Right to Travel Act” which would have essentially made drivers licenses for residents in the state, obsolete.

The bill stated:

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

Aslo,

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

So, I question you: Why have we allowed our government to run our lives into slavery, without a fight?

________________________________________________________________________________

 

By Jack McLamb (from Aid & Abet Newsletter)

 

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 government in the form of the issuance of a permit or license to that Particular individual. Legislators, police officers and court officials are becoming aware that there are now court decisions that prove the fallacy of the legal opinion that” driving is a privilege and therefore requires government approval, i.e. a license”. Some of these cases are:

Case # 1 – “Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience. – Chicago Motor Coach v Chicago 169 NE 22
(“Regulated” here means traffic safety enforcement, stop lights, signs, etc. NOT a privilege 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 transport his property thereon, either by carriage or by automobile, is not a mere privilege 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 right to travel, without approval or restriction (license), and that this right is protected under the U.S. Constitution. Here are other court decisions that expound 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, 357 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 the 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 Constitution.” – 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 registrations, mandatory insurance, and demanding they stop for vehicle inspections, DUI/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? Apparently not. The American Citizens and Lawmen Association in conjunction with The U.S. Federal Law Research Center are presently involved in studies in several areas involving questions on constitutional law. One of the many areas under review 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 itself that completely substantiates the position that the “right to travel unrestricted upon the nations highways” is and has always been a fundamental right of every Citizen.”

This means that the “beliefs and opinions” our state legislators, the courts, and those of as involved in the law enforcement profession have acted upon for years have 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 regulating), 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 ENFORCING STATE LAWS.

The first of such questions may very well be – If the States have been enforcing laws that are unconstitutional on their face, it would seem that there must be some way that a state can legally put restrictions, such as – licensing requirements, mandatory insurance, vehicle registration, vehicle inspections, D.W.I. roadblocks, 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 cannot diminish rights of the people.”
“the assertion of federal rights, when plainly and reasonably made, is not to be defeated 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 there is no lawful method for government to put restrictions or Iimitations on rights belonging to the people?

Other cases are even more straight forward:

“Where rights secured by the Constitution are involved, there can be no rule making 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 current vehicle registration, no vehicle insurance etc. which carries a fine or jail time, 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 addition, the Constitution itself answers our question- “Can a government legally put restrictions 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 Pursuance thereof;..shall be the supreme Law of the Land; and the judges in every State 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 be 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 support this Constitution;”. – ART. 6 U.S. CONST.

We know that Police officers, are a part of the Executive branch. We are “Executive Officers”.

Article 6 above, is called the SUPREMACY CLAUSE, and it clearly states that, under every circumstance, the above listed officials in these United States must hold this documents tenets supreme over any other laws, regulations, or orders. Every U.S. Police officer knows that they have sworn a oath to the people of our nation 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 nation, – 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 in violation of his or her oath of office and are actually committing a crime against such Citizens. Here’s 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 officials that involve themselves in such unlawful acts in a unfavorable legal situation. 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 remove a right belonging to the people. These are –

#1 – by lawfully amending the constitution,

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 states 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 must 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 transport 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 privilege 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 “right” of the citizen to travel and a government “privilege” are – Barney v Board of Railroad 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 In these two distinctly different activities. However, because of space restrictions 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 state is the individual citizen who has voluntarily and knowingly waived their right to travel “unregulated and unrestricted” by requesting placement under such jurisdiction through the acquisition of a state – drivers license, vehicle registration, mandatory insurance, etc. (In other words “by contract only”.)

We should remember what makes this “legal,” and not a violation of the individuals common law right to travel “unrestricted” is that they knowingly volunteer, freely, by contract, to waive their right. If they were forced, coerced or unknowingly placed under the states powers, the courts have said it is a clear violation of their 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 about this important issue and the difference between “Privileges vs. Rights”.

We can assume that the majority of those Americans carrying state licenses, vehicle registrations etc., have no knowledge of the rights they waived in obeying laws such as these that the U.S. Constitution clearly states are unlawful, i.e. “laws of no 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 supersede all other laws in our nation, – the U.S. Constitution. If laws in a particular police officer’s state, or local community are in conflict with the SUPREME LAW of our nation, there Is no question that the officer’s duty is to “uphold the U.S. Constitution.”

What does this mean to the “patrol officer” who will be the only sworn “Executive Officer” on the scene, when knowledgeable Citizens raise serious objections over possession of insurance, drivers licenses and other restrictions? It definitely means these officers will be faced with a hard decision. (Most certainly if that decision 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 proceed 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 AND IT’S 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 officers 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 justice, even when it’s unpopular, or uncomfortable to do so…let me say this. In any legal stand-off over a sworn official “violating” or “upholding” their oath of office, those 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 guise, “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 sounds a little like – “Freedom is not free!”

Every police officer should keep the following court ruling, that was covered earlier, in mind before issuing citations in regard to “mandatory licensing, registration 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 exercise of a most basic right.

Daniel Louis Crumpton: Public Enemey Number… Whah?: Part Two

daniels pics 522

D.L.C

Last: Daniel Louis Crumpton: Public Enemy Number…Part One

 

While in the back of the sheriff’s cruiser that you and I paid for I couldn’t help but find the irony that Deputy Dawg James was responding to Facebook messages with his smart phone as he stormed down 96 with a laptop open and on to his immediate right. I snickered to myself wondering what numbers and dashes in the OCGA he would write little, yellow slips of bill of attainder’s to you and I had we been pulled over doing the same. Pots and kettles calling each black have nothing on this scenario. From that point I was hoisted, bare foot and all, out of the car and into some sort of” Shield” like docking bay which more resembled a super max prison for the criminally insane comic book villain we all love to hate more than it did a local jail for upstanding citizens such as myself. I was escorted in and taken to the front desk of the shiny new tax payer hotel I would spending the weekend and introduced to one of the only females on duty. I use the word female lightly here because judging by the juice seeping from her eyes she was probably more masculine than me. Very loud, very authoritarian, very proud of her utility belt of abuse.
This is where it got not so funny for me and rather emotional. I wear my father’s wedding band on my right hand for a few sentimental reasons that are rooted deeply in my spirituality and since I placed it on that finger it has had a very stubborn attitude of not wanting to come off despite all my best efforts. Seeing as how it enjoys being on that hand and that finger I was just content to let it have its way. However when you are taken into custody (and yes, even before due process of law has been administered) they do not allow jewelry. So the butch officer proceeds to whip out some lubricant to remove the ring to which I greatly protested.
This ring can’t be removed, it’s a part of my free exercise of worship and I haven’t been convicted of a crime. If you take it off of me you, Houston County, and the state of Georgia will be violating my Constitutional Rights.” I informed the bullfrog of a woman.

With the power drunk eye of a person missing a few chromosomes of common sense and compassion she sneers and tells me that if I don’t let her take it off she will have it cut off of my finger. At this point I am man handled by a couple of officers as Deputy Dawg James stands before me doing his best to attempt giving me a dose of police academy fear. They snatch my hand and oil it up to remove the ring at which point I understandably became extremely loud.
I said this ring is a part of my faith and can’t be removed! If I were a Muslim or a Jew my Rights would be respected!” I shout.
Of course your local Houston County Detention center and all their employees could care less about silly things such as freedom of worship so they proceed to grease my hand up. I make sure to lock eyes with the officer that arrested me and scribbled false charges on me and scream as loud as I can “This is the same as RAPE!”
Now I don’t know if the gravity of such a violation penetrated into him in any way but I hope that in penetrates within each and every one of you. Just because a person does not practice the same faith as you, or you do not understand it, does not mean it is invalid or that somehow because you know nothing about it that faith and practice shouldn’t be respected and allotted the same Rights under the Constitution. I had expressed to these so called “Peace Officers” that the ring was a critical aspect of my faith and these men and quasi woman that took an oath to defend the Constitution from enemies both foreign and domestic, the very oath that allows them to receive paychecks off of our hard work, were making a conscious decision to violate their oath for the sake of keeping their jobs. Not one of them spoke up to say I was right. Not one of them placed the bull frog woman under arrest for her attempts at theft by taking. Not one of them honored the oath they swore to protect. Welcome to Houston County Georgia, your taxpayer dollars are hard at work.

When it became obvious that I was serious I was quickly put in an arm lock and thrown into a four by six cinder block room and locked up like a rapist or a wife beater. After being asked a series of questions through the door I simply held up five fingers and mouthed the words “Fifth Amendment”. All of the officers on duty began to laugh at me and mock me for even considering that such things still exist and as they stood at the control desk my heart sank to see them all making light of me for even knowing how to do that sort of thing. At this point your friendly neighborhood author sat on the concrete bench provided and curled up his knees to his chest. I stared at the ring on my finger, knowing its importance to me and my faith, and was astonished to see my own tears fall on the diamond in the middle. I was heartbroken. I really was. I didn’t moan, and I didn’t wail. I just let the tears fall on my ring in the unending sadness of what I had just been victim to. We pay police officers and the like to defend our Ten simple amendments and we even pay for all their gadgets and gas but when push comes to shove they throw those words of the Founding Fathers down the nearest steel toilet for the sake of maintaining a paycheck. I thought about my Dad, and I thought about my veteran friends like Curtis Sirmans that took their vow seriously and were even willing to lay their life on the line for the Constitution and here I was in the Houston County Detention Center having those Rights stripped from me left and right with ridicule and mockery. And all because I made a decision to trust that local law enforcement would do the right thing when I first called them that evening. It’s one thing to know your public servants wish to be masters; it’s another thing to experience the overwhelming ignorance of the abuse of power we have entrusted them with firsthand.
I sat in the cell for about five hours and just stared at the bull frog lady as I drew runes and crazy symbols on the glass she wouldn’t understand. I watched as she tried to mimic the posture of the men to be accepted and listened to her sycophantic masculine talk in her attempt to try and fit in. Her awkward “tough guy\girl” talk was only received with the rolling of eyes and the polite dismissals from the men who clearly couldn’t stand the sound of her voice or the smell of her aftershave. This lifted my spirits a little to know she was just as despised by her coworkers as she was to myself and probably all the inmates that have had the displeasure of being man handled or what have you by her excess poundage of triple whoppers and grease fries. Not that I’m willing her to have a heart attack before she turns forty, just saying it looks like it’s in the cards any way without any willing of my own.

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photo from blog.asiantown.net

Seeing as how I only sleep about an hour or two a night anyway, the time passed slow as I sat in the lotus position on my concrete bench with my tweed slacks and naked feet. I wondered how much staph infection was on the floor and sighed as I continued to breathe in order to create more white blood cells to fight off whatever germs were probably trying to wiggle their way into my bloodstream. After bull frog lady finally clocked out and had clearly became uncomfortable with me staring at her all night visualizing car accidents and axe murderers coming to her home to do her some justice (though I’m pretty sure she’s a sad and lonely individual whose social nights involve little more than re runs of “Dawson’s Creek” while she cries herself to sleep in a bucket of Haagen Daz filled with tears and tears and tears anyway, and that’s justice enough for me) I was let out of my cell and given a nice pair of silly orange sandals. Now I don’t know if any of you have been to jail but when they give you the orange sandals that were previously worn by God knows who in God knows what, you know that human compassion has no place in jail. Now I by no means pride myself on fashion but when I was arrested I was wearing a pair of my favorite black, tweed slacks and the loosest of grey silk shirts. My writing apparel you could say. So when I’m handed bright, sherbet orange sandals even I have to push my forehead until I feel my pineal gland secrete its DMT goodness. This is just humiliating. But it’s either wear the sandals or walk around on city tiles and judging by the proficiency in duty up until this point I put the stupid sandals on.
They offer me a tray of what they say is food and I only take advantage of what I can identify as corn flakes. As I pass by the lower levels I see some of the other fish caught by the local police that night down in the bowels of the jail. There were several young ladies, barely out of their teens that had been arrested for underage drinking and I couldn’t help but see the fear in their eyes. They were probably at a party doing what teenagers do and due to a string of events they were arrested, brought here, and now they too would be put in a system that would haunt them for most of their adult years. Surely probation; surely a record that would follow them from one failed job interview to the next. I shook my head in frustration. Was it really necessary to haul young women to the local prison lite for simply being teenagers? Was it really necessary to ruin lives with paperwork when they simply could have been taken home to parents that could do a much better job than some stuffy judge wearing a dress? Well as I would later find out, when the city and county has a vested financial interest in bringing people to a system rather than bringing them to justice this type of common sense doesn’t figure into City Hall’s books.

When the other men were brought out from their cells I had the chance to bump fists with many a minority including Spanish and young Black men all brought in for victimless crimes. I introduced myself to each and every one of them and did my best to hear each and every one of their stories. Then as if the Universe was speaking to me, my homeless friend Billy shuffled in down the steps. Now I call him “Billy the Kid” and the two of us have some history. You see he hit hard times when his woman bashed him over the head and accused him of having an affair and being abusive and since that time he’s been in a type of limbo trying to drink himself to death wondering why he’s the black sheep of the family. I have been taking him clothes and vitamins, doing the best I can to help a fellow Cherokee out while having late night pow wows with him down by the local Waffle House. He told me they snagged him for violation of probation even though they know he doesn’t have a job in order to pay them to begin with. I didn’t quite see the sense in the city beating someone like him down and extorting money from someone without allowing him to get back on his feet but I just put that in the back of my mind as we were all called to see the judge.

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photo from www.telegraph.co.uk

That scene was as usual. The judge doesn’t really listen or judge much of anything, he just sits there and reads off whatever the arresting officer put down then slaps you with a bond to which you are expected to pay before any conviction for the simple privilege of walking out of his cage. There isn’t much you can do at this point but listen and when I was called forward I obviously did more than just listen and accept what he said. Me being me I was sure to engage the judge in Constitutional questions to let him know I was aware of my Rights and no thank you I don’t need your stinking public defender because I’m competent to do this myself mister man wearing a dress and a nice little fraternity ring. Now I’m not sure why judges and lawyers have a problem looking someone that knows their Rights in the eyes but whatever. I was slapped with a $1400.00 bond in order to walk out that day. Now this shocked me to no end. I had called the po-po to remove a violent ex-felon that is abusive and clearly not right in the head and now this judge was asking me to bond out for $1400.00 that I did not have. So I asked the cute little African American guard that replaced bull frog lady to help me out and she advised me to call someone I know.

Well since the local police confiscated my memory bank (smart phone), the only number I knew by heart was my wife’s. As you all know I am going through a divorce so this was a gamble in and of itself. But what the hell, she’s a compassionate and understanding woman that knows I’m a freedom fighter and couldn’t be guilty of what I was charged with, so I dial those digits. I eagerly await to hear her voice and listen to say she will be down at the Detention Center soon enough to yank me from this situation I had no control over. And I did hear her voice…on the voicemail box she sent me straight to. Not the best feeling in the world to say the least. Shortly after this call was made I received a call from my sister, the fundamentalist Christian sworn to aid those in need. As I put the receiver to my ear and spoke my pleas of help those pleas were returned with religious dogmatism on why my own practices aren’t consistent with hers and how she couldn’t help me because of whatever, whatever, whatever. The cute little African American guard listening rolled her eyes and said “She aint gone help you honey, she just bein’ nosey.” To which I mouthed “I friggin’ know!”
So after I hung up the phone from my religiously bigoted sister I figured the best thing to do was just accept I was going to be in jail for the next few days on trumped up charges. Since I try to take life as it comes and roll with the punches I made peace with the fact that some good would come from all of this and simply ceased all efforts to get out of the system choosing rather to learn about it on the inside. After all, I am a writer and what good is a writer without experience to back up his words? Abandoned and belittled I slouched down in the chair with the other caught fish that weekend and smirked at how I constantly find myself in the most precarious of situations. Fortunately for you and me, I learned a thing or two while in jail.

THE WHO: TEENAGE WASTELAND

Next: Daniel Louis Crumpton: Public Enemy Number…Whah: Part Three