- #491
Office_Shredder
Staff Emeritus
Science Advisor
Gold Member
- 5,666
- 1,568
Jasongreat said:Go to Cornell law(one place, or just go to the USC website), enter the citations listed, and then read the court cases. Sometimes it takes more than google to find facts, even today. :)
Edit: I tried a few to make sure and even just relying on google, if you enter the citation you get the court cases. But findlaw, cornell law, and USC sites are the best choices, IMO.
When I try to google them I just get the same schpiel posted on about 2000 other websites as my top hits.
Cases #3 and #4 that are cited are cases about the Secretary of State denying passports to citizens of the United States when Congress required anybody leaving the country to have a passport, and the ruling simply states that the government cannot restrict the right to travel to foreign countries with impunity. It has nothing to do with whether driving on a road explicitly is a right or a privilege
On the other hand we have court cases like
http://scholar.google.com/scholar_case?case=8317960360812670712&hl=en&as_sdt=2,23&as_vis=1
a supreme court ruling about someone whose drivers license was suspended, so very directly related to the question of whether drivers licensing can legally restrict a right to drive on roads
The use of the public highways by motor vehicles, with its consequent dangers, renders the reasonableness and necessity of regulation apparent. The universal practice is to register ownership of automobiles and to license their drivers. Any appropriate means adopted by the states to insure competence and care on the part of its licensees and to protect others using the highway is consonant with due process.
This ruling came 10 years after Thompson v. Smith, which the quote from is missing a key component (coming immediately after the quoted section in your post) (parts bolded by me)
. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will.
The exercise of such a common right the city may, under its police power, regulate in the interest of the public safety and welfare; but it may not arbitrarily or unreasonably prohibit or restrict it, nor may it permit one to exercise it and refuse to permit another of like qualifications, 378*378 under like conditions and circumstances, to exercise it. Taylor Smith, 140 Va. 217, 124 S.E. 259; Ex parte Dickey, 76 W.Va. 576, 85 S.E. 781, L.R.A. 1915-F, 840; Hadfield Lundin, 98 Wash. 657, 168 Pac. 516, L.R.A. 1918-B, 909, Ann. Cas. 1918-C, 942.
[7, 8]The regulation of the exercise of the right to drive a private automobile on the streets of the city may be accomplished in part by the city by granting, refusing, and revoking, under rules of general application, permits to drive an automobile on its streets; but such permits may not be arbitrarily refused or revoked, or permitted to be held by some and refused to other of like qualifications, under like circumstances and conditions.
In short, that drivers licenses are OK.
I was unable to find the Chicago Motor Coach v. Chicago case, but was able to find this debunking of the citation
http://www.andrewtobias.com/bkoldcolumns/980723.html
Last edited by a moderator: