the right to drive

PACKARD v. BANTON, 264 U.S. 140 (1924)

The streets belong to the public and are primarily for the use of the public in the ordinary way. Their use for the purposes of gain is special and extraordinary, and, generally at least, may be prohibited or conditioned as the Legislature deems proper.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=264&invol=140
Requires registration.
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It seems the supreme's recognized a right to drive, but that there was no recognized right to carry passengers or goods for profit.
 
What America needs, from what your TV shows us, is a 'Right NOT to drive'!!
When people start to fight for that right you will be getting somewhere.
 
Yurt said:
it is a reporter that reports cases for the SE division of the US...it is basically a state case digest....

that is why soc questioned the validity of the case because i believe the scotus has basically said driving is a privilege and not a right, so the state case would be trumped....the theory is that since you need a license before you can operate a motor vehicle, it is not a fundamental right, it is a privilege, however, certain due process rights attach once you gain a license and the state tries to take it away
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the bolded part is where the people of this country need to unite, but will never happen. simply abiding by a court decision that says there is no constitutional right since it's not specifically mentioned in the constitution completely eliminates the 9th and 10th Amendments and shouldn't be tolerated in any way, shape, or form.
 
Whomever said:
In KY his DR can do it. The patient can appeal but I have never heard of a successful appeal.

The DR just issues a letter to the DMV. And they issue a letter to the driver who can either appeal or send in his drivers licence.
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I will have to check into the laws in Kansas. My sister followed him home from the hospital and says it is time!

My mother has made a full recovery! 90 years old and amazing, an intestinal blockage, two blood transfusions and pneumonia and she is not at home and doing GREAT!
 
froggie said:
My father's right to drive should be taken away from him, but I am a coward and won't do it.

any volunteers?
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It is tough for a child to that to a parent. I would suggest having one of your kids do it. I took away my grandmothers keys rather than my father or aunt doing it. Way easier for a grandkid to do it than a kid.
 
Superfreak said:
It is tough for a child to that to a parent. I would suggest having one of your kids do it. I took away my grandmothers keys rather than my father or aunt doing it. Way easier for a grandkid to do it than a kid.
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Maybe, my nephew who was almost drafted to the Colt's would be the best candidate!
 
My dearest mother-in-law locked her keys in her car, accidentally, and my brother-in-law had a heart-to-heart with her about trying to recover them and drive again. She is now in an advanced stage of Alzheimer's. It was difficult for him but it was entirely an act of love. She had had a couple of (luckily) single car incidents that showed she was no longer fully competent to drive.

I meant the "dearest" part; it wasn't sarcasm. She was a thoroughly bright and wonderful person and it's heartbreaking to see what's happening to her.
 
SmarterThanYou said:
the bolded part is where the people of this country need to unite, but will never happen. simply abiding by a court decision that says there is no constitutional right since it's not specifically mentioned in the constitution completely eliminates the 9th and 10th Amendments and shouldn't be tolerated in any way, shape, or form.
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interesting....then the scotus should not be the highest court in the land?

if it is a right....then if you can't pass the drivers test, do you still have a right to drive? if you get a dui and your license revoked, do you still have a right to drive?
 
Yurt said:
interesting....then the scotus should not be the highest court in the land?
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but the supreme court is not the ultimate authority on the constitution. That is 'we the people'.

Yurt said:
if it is a right....then if you can't pass the drivers test, do you still have a right to drive?
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like all rights, there can be no test, license, fee, or tax. voluntarily complying with the licensing process is a choice i guess, but i don't do it.

Yurt said:
if you get a dui and your license revoked, do you still have a right to drive?
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my opinion is if you can't be trusted with your rights, you don't deserve to be out on the streets.
 
froggie said:
It is hard not to be independent, too, I still have some issues. I get turned around backwards and get lost easily!
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I've never gotten lost. Though there was that time in mountains of western New York State where I was a bit confused for a couple of hours. I almost stopped and asked for directions!!
 
Mott the Hoople said:
I've never gotten lost. Though there was that time in mountains of western New York State where I was a bit confused for a couple of hours. I almost stopped and asked for directions!!
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LOL! The stereotype isn't all wrong! I love maps and when we travel I just like to keep track of where we've been, where we're going, how much progress we've made, what's next, etc. It's come in handy often enough when the road signs are misleading or incomplete and I only know which direction we should take because of the map. I swear, based on the failings of some road signs, they must feel that if you don't know where you're going without them, you shouldn't be there in the first place!
 
SmarterThanYou said:
but the supreme court is not the ultimate authority on the constitution. That is 'we the people'.

like all rights, there can be no test, license, fee, or tax. voluntarily complying with the licensing process is a choice i guess, but i don't do it.


my opinion is if you can't be trusted with your rights, you don't deserve to be out on the streets.
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the supreme court is the ultimate authority on interpreting the constitution and its rulings are "ultimate" until "we the people" (legislature) either change the legislation ruled on or change the constitution.

i agree with the rights, however, here, you do in fact need a license etc....to drive, that is why the court has said it is not a right and until "we the people" say driving is a right, it simply is not.
 
SmarterThanYou said:
but the supreme court is not the ultimate authority on the constitution. That is 'we the people'.

like all rights, there can be no test, license, fee, or tax. voluntarily complying with the licensing process is a choice i guess, but i don't do it.


my opinion is if you can't be trusted with your rights, you don't deserve to be out on the streets.
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The SCOTUS IS the ulitimate arbiter of the Constitution. If you don't like their decision you can amend the consitution, but they DO get to decide what the constitution means and once they do, there is no way to over come that absent an amendment.
 
Thorn said:
LOL! The stereotype isn't all wrong! I love maps and when we travel I just like to keep track of where we've been, where we're going, how much progress we've made, what's next, etc. It's come in handy often enough when the road signs are misleading or incomplete and I only know which direction we should take because of the map. I swear, based on the failings of some road signs, they must feel that if you don't know where you're going without them, you shouldn't be there in the first place!
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I do the same thing! My kids think I'm nuts but I really enjoy looking at maps, even maps of places I've never been.
 
Socrtease said:
The SCOTUS IS the ulitimate arbiter of the Constitution. If you don't like their decision you can amend the consitution, but they DO get to decide what the constitution means and once they do, there is no way to over come that absent an amendment.
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herein lies our national crisis today. By allowing the SCOTUS to 'interpret' instead of read the plain text, we've had some of the worst unconstitutional and egregious decisions as a result. slaughterhouse, cruikshank, dred scott, and kelo. people need to stop allowing a government entity defined by the constitution to define the constitution that we the people wrote. we know what it means. It's complete and total insanity to let them redefine it as they please.
 
christiefan915 said:
I do the same thing! My kids think I'm nuts but I really enjoy looking at maps, even maps of places I've never been.
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My friend has one of those Bitchin Betty's, as we call her, turn here, go right 200 yards.
I like maps!
 
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