marksiwel wrote:driver8 wrote:Haven't been able to find anything on the cases you have. Sounds to me like the right to travel is not the right to drive a car on public roads. You answer my question. Do you have the right not to travel?
Your google-fu is weak
http://en.wikipedia.org/wiki/United_States_v._Guest" onclick="window.open(this.href);return false;
http://en.wikipedia.org/wiki/Shapiro_v._Thompson" onclick="window.open(this.href);return false;
http://www.andrewtobias.com/bkoldcolumns/980723.html" onclick="window.open(this.href);return false;
Do I have the Right NOT To Travel? Do you have the RIGHT NOT to own a gun? yes you can refuse to travel. You also can refuse to breath if you want to. But you cant legally kill yourself. The Law is a funny thing.
Let me discuss your citations.
First,
http://en.wikipedia.org/wiki/United_States_v._Guest" onclick="window.open(this.href);return false; or, more properly, United States v. Guest 383 U.S. 745 (1966). This case had to do with a civil rights activist, and police officer, was shot and killed while driving on a bridge in Madison County, Georgia. This case extends the protections of the 14th Amendment to persons who have their rights deprived due to a conspiracy, whether or not the State was a party to the conspiracy. In this case, some private citizens took it upon themselves to deprive certain other people the use of public roadways. The Court states in its opinion that the right to travel upon public roadways for all citizens is protected by the 14th Amendment, whereby you cannot deprive a person of any rights that are allowed other persons. It doesn't specifically stated we have a Constitutional right to use public roads - it says if a public roadway is open to some people it's open to all people. It doesn't necessarily state we have a Constitutional right to travel upon them - otherwise, the closing of a public road to everyone would be unconstitutional.
Second,
http://en.wikipedia.org/wiki/Shapiro_v._Thompson" onclick="window.open(this.href);return false; or, Shapiro v. Thompson, 394 U.S. 618 (1969). This case was, at essence, a case involving social welfare. It examined laws that mandated residency in a State for a certain period of time in order to obtain public welfare benefits. Many States had laws that made people ineligible for welfare benefits unless they had established permanent residency in that State for a period of six months. The States argued they needed this law to keep people from moving to a state with better welfare benefits than the state they moved from. The Court ruled that inhibiting needy people from migrating from State to State was Constitutionally prohibited. Thus, we have a right to move from State to State and to be uninhibited in that migration. Thus, we have the right to move from State to State, but the court never stated we have a right to drive on public highways to facilitate that migration.
Third,
http://www.andrewtobias.com/bkoldcolumns/980723.html" onclick="window.open(this.href);return false;. This one's just plain nuts. Some guy on a Compuserve forum stated that in Chicago Motor Coach vs. Chicago (1929) which was argued in front of the Illinois Supreme Court (NOT SCOTUS), the Court ruled that it's unconstitutional for the State to require a driver's license, auto registration, and insurance in order to drive. That's not what the case was about. Chicago Motor Coach vs Chigaco was about whether the City of Chicago could require a city license for use of a public road if the operator already had a state license to use the same public road. The Court specifically stated in their ruling ""The Legislature may prohibit by general law the operation of motor vehicles upon the highways of the state. ..." It says later, "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."
So, while we do have a right to use any public roadway which is open for travel to the general public, the right to travel upon those same roads may be regulated.
I don't see how any of these cases are relevant in the health care or auto insurance discussion, though. See my previous post regarding auto insurance.
“I’m all in favor of keeping dangerous weapons out of the hands of fools. Let’s start with typewriters.” - Frank Lloyd Wright
"Both oligarch and tyrant mistrust the people, and therefore deprive them of arms" - Aristotle