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Driver Licensing IS about highway safety
On Oct 17, 6:02 am, proffsl wrote:
wrote: proffsl wrote: Our Right to Drive automobiles (operate motor vehicles) on our public highways has been recognized: Indeed, but only with a license. You cannot illogically leave out this integral part of, as we have shown you repeatedly for 18 months, the ordinary way of conducting or travel by motor vehicle. Out of some combination of fear, ignorance and maliciousness, you continually and incorrectly associate licensing with the court's recognition of our Right "to operate a motor vehicle on public highways": You are showing yourself to be a liar again. You well know in last year's version of this thread, you lost that battle. SCOTUS: Hendrick. The courts have lo-o-o-o-ng ago made that association between licensed drivers and the "ordinary way" of operating motor vehicles on our public rights of way. You lose again. But you knew that when you posted your discredited claim, because you were made well familiar with the Hendrick case last year. Licensing and driving on public rights of way are inseparably linked as the ordinary way and your continual ignoring of that fact is illegitimate. "The Idaho Supreme Court, however, has held that the right to operate a motor vehicle on public highways is a matter of constitutional dimension. In Adams v. City of Pocatello , 91 Idaho 99, 101, 416 P.2d 46, 48 (1966), the Court declared that the right to drive "is a right or liberty, the enjoyment of which is protected by the guarantees of the federal and state constitutions. Consequently, the courts of this state must regard the right to drive a motor vehicle on public highways as constitutionally protected." - State of Idaho v. Mark Wilder (2003) -http://caselaw.lp.findlaw.com/data2/idahostatecases/app/1033/wilder.pdf Wilder was CONVICTED of driving without a licesne in this cite of yours, and it was UPHELD on appeal. This case CONTRADCITS your claims, yet you still cite it only having to shoot it down. This is very foolish behavior. Licensing is not any part of the court's recognition of our Right "to operate a motor vehicle on public highways", Yes it is, and THE VERY CASE YOU CITE, Wilder, GOES ON TO CONFIRM THAT. ...but instead Licensing is subjected upon this Right as a part of a police power: That, dear friend IS WHAT MAKES them linked. Your inability to grok this simple truth doesn't make it untrue, it makes you thinker than a block of cement in understanding the truth. "The state of Idaho may subject this right to reasonable regulation, however, in the exercise of its police power. Id.; Gordon v. State, 108 Idaho 178, 179, 697 P.2d 1192, 1193 (Ct. App. 1985). Therefore, the question before this Court is whether the requirement that one obtain a driver's license before driving upon the highways and, in the process, provide one's social security number, is a reasonable regulation in furtherance of the state's police power." - State of Idaho v. Mark Wilder (2003) -http://caselaw.lp.findlaw.com/data2/idahostatecases/app/1033/wilder.pdf See? I was right, you were wrong. What a surprise. All your cites are belong to us!! Without the imposition of this police power upon our Right "to operate a motor vehicle on public highways", Licensing would be nonexistent and not an issue. So what? Irrelevant to the fact that police power given by the people to the government under the Constitution IS linked here and since the time of Hendrick (1915). You cannot continue to ignore that simple fact that they have been joined at the hip for nearly a century, by simply denying the truth. And to that point, the courts recognize a definite limitation upon the implementation of police powers: Under the broad authority of the police power, a state legislature may enact laws concerning the health, safety, and welfare of the people so long as the regulations are not arbitrary or unreasonable." - State of Idaho v. Mark Wilder (2003) -http://caselaw.lp.findlaw.com/data2/idahostatecases/app/1033/wilder.pdf Irrelevant because, despite your polite disagreement with ALL of the legal authorities and minds of the past century who have considered, litigated and ruled upon this very line of reasoning, the fact remains that licensing has been found to be a reasonable application of police powers. You lost. You can cry and stomp your feet all you want that it is not reasonable and is arbitrary, but you are simply incorrect. Your only explanation for the fact that you are on the losing side is that there is this great conspiracy you have written about involving tens of thousands of people across multiple generations in all of the he 50 states to knowingly deprive us of our rights. Good luck trying to show THAT. Therefore, upon demonstration that said police power is indeed arbitrary or unreasonable, the revocation of said police power must rightfully be forthcoming, along with the revocation of any requirement of Licensing. No, you're wrong. And, indeed, Driver Licensing IS unreasonable due to it's redundant and unnecessary nature. That is not a qualifier on which to declare something arbitrary or unreasonable. Just because you think you have another way to get to a goal doesn't mean ALL other ways are invalid. You lose. Therefore, the police power subjecting our Right to operate motor vehicles on public highways to Driver Licensing IS INDEED and IN FACT unreasonable, and subject to revocation. Ooops. You're wrong again! Proven wrong and irrefutably so. |
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