I do not remember if I sent you a copy of this or not. It
is an a real Affidavit that won the case. It is easy to read and understand,
not that I think any cop would go to the trouble and merely do as his masters
order no matter that committing treason is the result of their unlawful
AND illegal actions against the America people they are supposed to protect
by preserving our rights.
TO TRAVEL IS A "RIGHT," NOT A GOVERNMENT GRANTED "PRIVILEGE
1. The issue is whether this Citizen is required to obey the
provisions in Michigan General Statutes. It is the contention of this Citizen
that because he is a Free and Natural Person who has given up none of his
"RIGHTS." That the General Statutes does not apply to him. It
is also the contention of this Citizen that travels upon the streets or
highways by this Citizen is an inalienable "RIGHT." Being this,
is not subject to regulation or legislation by the State s General Assembly.
2. Let us first consider the contention of this Citizen that travels upon
the streets or highways in is a "RIGHT." Various courts have ruled
on this issue. The U.S. Supreme Court ruled:
2.1 The "RIGHT" to travel is a part of the liberty
of which the Citizen "cannot be deprived" without due process
of the law under the 5th Amendment. See: Kent v. Dulles, 357 U.S. 116, 125
3. The Supreme Court of Wisconsin stated in 1909:
3.1 The term "Public Highway," in its broad popular
sense, includes toll roads, streets, highways-and roadways which the public
has a "RIGHT" to use even conditionally, though in a strict legal
sense it is restricted to roads which are wholly public. See: Weirich v.
State, 140 Wis. 98.
4. The "Supreme Court" of the "State of Illinois"
4.1 Even the legislature has no power to deny to a Citizen
the "RIGHT" to travel upon the roadways and transport his property
in the ordinary course of his business or pleasure, through this "RIGHT"
might be regulated in accordance with the public interest and convenience.
See: Chicago Motor Coach v. Chicago, 169 N.E. 22
"Regulated" here means traffic safety enforcement,
stop lights, sign, etc., NOT a privilege that requires permission, i.e.;
licensing, mandatory insurance, vehicle registration, etc..
6. PRIVILEGE OR RIGHT?
6.1 The use of the roadways for the purpose of travel and
transportation is NOT a mere PRIVILEGE, but a "COMMON AND FUNDAMENTAL
RIGHT" of which the public and individuals cannot rightfully be deprived.
(Emphasis added) See: Chicago Motor Coach v. Chicago, supra; See: Ligare
v. Chicago, 28 N.E. 934; See: Boone v. Clark, 214 S. W. 607;
See: American Jurisprudence 1st Ed., Highways 163 6.2 A Citizen
's "RIGHT" to travel upon public highways includes the right to
use usual conveyances of time, including horse-drawn carriage, or automobile,
for ordinary purposes of life and business. See: Thompson v. Smith (Chief
of Police), 154 S. E. 579, 580
6.3 The "RIGHT" of the Citizen to travel upon the
public roadways 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. See: Thompson v. Smith,
7. 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.
After all, who do the roadways belong to anyway? The People-At-Large. The
following are additional court decisions that expound the same facts:
7.1 . The streets and roadways belong to the public, for the
use of the public in the ordinary and customary manner. See: Hadfield v.
Lundin, 98 Wn. 657; 168 P. 516;
7.2 All those who travel upon, and transport their property
upon, the public highways, using the ordinary conveyance of today, and doing
so in the usual and ordinary course of life and business. See: Hadfield,
supra; See: State v. City of Spokane, 109 Wn. 360; 186 P. 864.
7.3 The "RIGHT" of the Citizen to travel upon the
highways and to transport his property thereon, in the ordinary course of
life and business, obviously differs radically from that of one who makes
the highways his principal place of business and uses it for private gain
... See: State v. City of Spokane, supra.
7.4 . 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 of business for private gain. For the latter purposes no person
has a vested right to use the highways of the state, but is a MERE PRIVILEGE
or license which the legislature may grant or withhold at its discretion
.... See: Hadfield, supra; State v. Johnson, 243 P. 1073; See: Cummins v.
Jones, 155 P. 171; See: Packard v. Banton, 44 S.Ct. 257, 264 U.S. 140 and
other cases too numerous to mention.
8. The "Washington State Supreme Court" stated:
8.1 I am not particularly interested about the rights of haulers
by contract, or otherwise, but I am deeply interested in the "RIGHTS"
of the public to use the public highways freely for all lawful purposes.
See: Robertson v. Department of Public Works, 180 Wash. 133 at 139
9. The "Supreme Court of the State of Indiana"
ruled in 1873:
9.1 It is not the amount of travel, the extent of the use
of a highway by the public that distinguishes it from a private way or road.
It is the "RIGHT" to so use or travel upon it, not its exercise.
See: ? Ind 455, 461
10. 11 American Jurisprudence 1st, has this to say:
10.1 The "RIGHT" of the Citizen to travel upon the
public roadways and to transport his property thereon, by horse-drawn carriage,
wagon, or automobile, is NOT a mere PRIVILEGE which may be permitted or
prohibited at will, but a "COMMON RIGHT" which he has under his
right to life, liberty, and the pursuit of happiness. Under the Constitutional
guarantee one may, therefore, under normal conditions, travel at his inclination
along the public roadways or in public places, and while conducting himself
in an orderly and decent manner, neither interfering with, not disturbing
another's "RIGHTS," he will be protected, not only in his person,
but in his safe conduct. (Emphasis added) See: 11 American Jurisprudence
1st., Constitutional Law, 329, page 1123
11. The "Supreme Court of the State of Georgia"
11.1 In this connection, it is well to keep in mind that,
while the public has an absolute "RIGHT" to the use of the streets
for their primary purpose, which is for travel, the use of the streets from
the purpose of parking automobiles is a privilege, and not a "RIGHT";
and the privilege must be accepted with such reasonable burdens as the city
may place as conditions to the exercise of that privilege. See: Gardner
v. City of Brunswick, 28 S.E.2d 135
12. The "Supreme Court of the State of Colorado"
discussed the issue in the following way. 12.1 The Constitution of the State
of Colorado, Article II, & sect; 3 provides that:
All persons have certain natural, essential and inalienable
"RIGHTS," among which may be reckoned the "RIGHT" ....
of acquiring, possessing and protecting property; ....
12.1.1 A motor vehicle is "property" and a person
"cannot be deprived" of property without due process of law. The
term: "Property," within the meaning of the due process clause,
includes the "RIGHT" to make full use of the property which one
has the inalienable "RIGHT" to acquire.
12.1.2 Every Citizen has an inalienable "RIGHT"
to make use of the public highways of the state; every Citizen has full
freedom to travel from place to place in the enjoyment of life and liberty.
See: People v. Nothaus, 147 Colo. 210
13. The Constitution of the State of Idaho contains the words:
13.1 All men are by nature free and equal, and have certain
inalienable "RIGHTS," among which are ....; acquiring, possessing,
and protecting property .... (Emphasis added).
14. The words of the Idaho Constitution are to all intents
and purposes identical with those of the North Carolina Constitution. The
Constitution of the State of North Carolina, Article I, & sect; 1, states
14.1 The equality and rights of persons. We hold it to be
self-evident that all persons are created equal; that they are endowed by
the Creator with certain inalienable rights; that among these are life,
liberty, the enjoyment of the fruits of their own labor, and the pursuit
14.2 To be that statutes which would deprive a Citizen of
the rights of person or property without a regular trial, according to the
course and usage of common law, would not be the law of the land. See: Hoke
v. Henderson, 15 N.C. 15, 25 AM. Dec. 677
15. Since courts tend to be consistent in their rulings, it
would be expected the Idaho Supreme Court would rule in the same manner
as the North Carolina Supreme Court.
16. Other supreme authorities have arrived at similar conclusions:
16.1 The Constitution for the United States of America, Amendment
16.1.1 The enumeration in the Constitution of certain rights
shall not be construed to deny or disparage others retained by the people.
17. The Constitution of the State of North Carolina, Article
I, & sect; 36:
17.1 Other rights of the people. The enumeration of rights
in this Article shall not be construed to impair or deny others retained
by the people.
18. I demand all of my other rights, including the right to
travel upon the public highways and byways in the United States of America.
19. The Constitution of the State of North Carolina, Article
I, & sect;2:
19.1 Sovereignty of the people. All political power is vested
in and derived from the people; all government of right originates from
the people, is founded upon their will only, and is instituted solely for
the good of the whole.
20. As member of the Sovereignty of the people, I not only
am entitled to use the highways and byways in the United States of America.
I have an inalienable right to use those highways and byways.
20.1 Highways are public roads which every Citizen has a "RIGHT"
to use. See: 3 Angel Highways 3.
20.2 A highway is a passage, road, or street, which every
Citizen has a "RIGHT" to use. See: Bouvier's Law Dictionary.
21. I have emphasized the word "RIGHT" because
it is a common point among the authorities listed. The Idaho Code even joins
in this common point:
21.1 49-301 (13) Street or highway. -- The entire width between
property lines of every way or place of whatever nature when any part thereof
is open to the use of the public, as a matter of "RIGHT," for
purposes of vehicular traffic. See: Idaho Code.
22. The "United States Supreme Court" has ruled
22.1 Undoubtedly the "RIGHT" of locomotion, the
"RIGHT" to remove from one place to another according to inclination,
is an attribute of personal liberty, and the "RIGHT," ordinarily,
of free transit from or through the territory of any State is a "RIGHT"
secured by the Fourteenth Amendment and by other provisions of the Constitution.
See: Williams v. Fears, 343 U.S. 270, 274
23. Thus, there can be little doubt that, when this Citizen
travels upon the roadways, he does so, as a matter of "RIGHT"
and not a privilege granted by the State.
The authority for such travel is described variously as a
"RIGHT," a "COMMON RIGHT," an "ABSOLUTE RIGHT,"
an "INALIENABLE RIGHT," and a "RIGHT" protected by the
"Constitution of the United States". Let us then examine the importance
of these terms to this Citizen by defining their meaning.
23.1 "RIGHT" -- In law, (a) an enforceable claim
or title to any subject matter whatever; (b) one's claim to something out
of possession; a power, prerogative, or privilege, as when the word is applied
to a corporation. See: Webster Unabridged Dictionary
23.2 "RIGHT" -- As relates to the person, "RIGHTS"
are absolute or relative; absolute "RIGHTS," such as every individual
born or living in this country (and not an alien enemy) is constantly clothed
with, and relate to his own personal security of life, limbs, body, health,
and reputation; or to his or her personal liberty; "RIGHTS" which
attach upon every person immediately upon his birth, and even upon a slave
the instant he lands within the same. (Emphasis added). See: 1 Chitty Pr.
23.3 "RIGHT" -- A legal "RIGHT," a constitutional
"RIGHT" means a "RIGHT" protected by the law, by the
Constitution, but government cannot "create" the idea of a "RIGHT"
or original "RIGHTS"; it must "acknowledge" them ....
(Emphasis added)See: Bouvier s Law Dictionary, 1914, p. 2916
23.4 Absolute "RIGHT" -- Without any condition or
encumbrance as an absolute bond, simplex obligation, in distinction from
a conditional bond; an absolute estate, one that is free from all manner
of conditions or encumbrance. A rule is said to be absolute when, on the
hearing, it is confirmed. See: Bouvier's Law Dictionary.
23.5 Inalienable -- A word denoting the condition of those
things, the property in which cannot be lawfully transferred from one person
to another. See: Bouvier's Law Dictionary.
24. It shows from these definitions that the State has an
obligation to acknowledge the "RIGHTS" of this Citizen to travel
on the streets or highways. Furthermore, the State has the "duty"
to refrain from interfering with this Citizens "RIGHT" and to
protect this Citizens "RIGHT" and to enforce the claim of this
Citizen to it.
25. Now, if this Citizen has the absolute "RIGHT"
to move about on the streets or highways, does that "RIGHT" include
the "RIGHT" to travel in a vehicle upon the streets or highways?
The "Supreme Court of the State of Texas" has made comments that
are an appropriate response to this question.
25.1 Property in a thing consists not merely in its ownership
and possession, but in the unrestricted "RIGHT" of use, enjoyment
and disposal. Anything which destroys any of these elements of property,
to that extent destroys the property itself. The substantial value of property
lies in its use. If the "RIGHT" of use be denied, the value of
the property is annihilated and ownership is rendered a barren "RIGHT."
Therefore, a law which forbids the use of a certain kind of property, strips
it of an essential attribute and in actual result proscribes its ownership.
See: Spann v. City of Dallas, 235 S. W. 513
26. These words of the Supreme Court of Texas are of particular
importance in Idaho because the Idaho Supreme Court quoted the Supreme Court
of Texas and used these exact words in rendering its decision in the case
of O' Conner v. City of Moscow, 69 Idaho 37. The Supreme Court of Texas
went on to say further;
26.1 To secure their property was one of the great ends for
which men entered into society. The "RIGHT" to acquire and own
property, and to deal with it and use it as the owner chooses, so long as
the use harms nobody, is a natural "RIGHT." It does not owe its
origin to constitutions. It existed before them. It is a part of the Citizen
's natural liberty -- an expression of his freedom, guaranteed as inviolate
by every American Bill of "RIGHTS." See: Spann supra.
27.1 Bouvier's Law Dictionary defines;
27.1.1 Property -- The ownership of property implies its use
in the prosecution of any legitimate business which is not a nuisance in
itself. See: In re Hong
Wah, 82 Fed. 623
28. The "United States Supreme Court" states:
28.1 The Federal Constitution and laws passed within its authority
are by the express terms of that instrument made the supreme law of the
land. The Fourteenth Amendment protects life, liberty, and property from
invasion by the States without due process of law.
28.2 Property is more than the mere thing which a person owns.
It is elementary that it includes the "RIGHT" to acquire, use
and dispose of it. See: Buchanan v. Warley, 245 U.S. 60, 74
These authorities point out that the "RIGHT" to
own property includes the "RIGHT" to use it. The reasonable use
of an automobile is to travel upon the streets or highways on which this
Citizen has an absolute "RIGHT" to use for the purposes of travel.
The definitions in Title 49 Chapter 3 of the Idaho Code positively declare
the "RIGHT" of this Citizen to travel in a vehicle upon the streets
or highways in Idaho.
30. MOTOR VEHICLE OR VEHICLE?
30.1 Motor Vehicle -- Motor vehicle means a vehicle which
is self-propelled or which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails. See: Idaho Code 49-301
30.2 Vehicle -- Vehicle means a device in, upon, or by which
any person or property is or may be transported or drawn upon a public highway,
excepting devices moved by human power or horse drawn or used exclusively
upon stationary rails or tracks. See: Idaho Code 49-301 (14)
30.3 Street or Highway -- Street or Highway means the entire
width between property lines of every way or place of whatever nature when
any part thereof is open to the use of the public, as a matter of "RIGHT,"
for purposes of vehicular traffic. See: Idaho Code 49-301 (13)
30.4 The term "Motor Vehicle" may be so used as
to include only those self-propelled vehicles which are used on highways
primarily for purposes of "transporting" persons and property
from place to place. See: 60 Corpus Juris Secundum & sect; 1, Page 148;
See: Ferrante Equipment Co. v. Foley Machine Co., N.J., 231 A.2d 208, 211,
49 N.J. 432
30.5 It seems obvious that the entire Motor Transportation
Code and the definition of motor vehicle "are not intended" to
be applicable to all motor vehicles, but applicable only to those
having a connection with the "commercial transportation" of persons
or property for fee. See: Rogers Construction Co. v. Hill, Or.,
384 P.2d 219, 222, 235 Or. 352
30.6 "Motor vehicle" means a vehicle, machine,
tractor, trailer, or semi-trailer propelled or drawn by mechanical power
and used on a highway in " commercial transportation," or a combination
determined by the Commission, but does not include a vehicle, locomotive,
or car operated only on a rail, or a trolley bus operated by electric power
from a fixed overhead wire, and providing local passenger "transportation"
similar to street-railway service.
See: Transportation, Title 49, U.S.C.A. §10102 (17)
The Constitutions of the United States and of the State guarantees
this Citizen the "RIGHT" to own property. The Supreme Courts of
North Carolina and Texas have affirmed that the "RIGHT" to own
property includes the "RIGHT" to use it while its use harms nobody.
If that property is an automobile, it is included in the definitions
of vehicle and motor vehicle in the Idaho Code Title 49 Chapter 3. And in
the same Idaho Code Chapter, streets or highways are defined as the place
where vehicles are used by the public as a matter of "RIGHT."
Thus, it shows that this Citizen has the "RIGHT" to use a vehicle
on the streets or highways.
31. Now, if this Citizen has the "RIGHT" to use
a vehicle on the streets or highways, to what extent can the State regulate
or diminish that "RIGHT?" There are some who would maintain that
"specific performance" is required of every Citizen who uses a
vehicle upon the streets or highways. Therefor, Let us examine this contention
32. Specific performance is a term used to designate an action
in equity in which a party to a contract asks the court to order the other
party to carry out the contract which he has failed or refused to perform.
Thus, if specific performance is expected, a contract must exist. The question
then becomes: What are the "terms of the contract" and "when
was it executed" and by "whom"? Since specific performance
appears to be expected of every user of a vehicle on the streets or highways,
the user of a vehicle seems one of the parties to the supposed contract.
And since the State appears to be the party demanding specific performance,
the State is the other party to the contract. So the supposed contract exists
between the user of a vehicle and the State. When was this contract executed
and what are its' terms? Some contend that when a user of a vehicle avails
himself of the "privilege" of driving on public thoroughfares
that he enters a contract with the State that requires him to abide with
all the laws in the General Statutes. Others contend that the contract is
executed when a driver's license is obtained. We now need to figure out
what is a contract.
33. A contract may be defined as an agreement enforceable
in court between two or more parties, for a sufficient consideration to
do or not to do some specified thing or things. Thus, a contract has four
33.1 It "must" be an agreement.
33.2 There "must" be at least two parties to the
33.3 There "must" be a consideration.
33.4 There "must" be an obligation or thing to be
34. Several types of contracts exist, but all must contain
the essential features listed above. Contracts can be classified under three
(3) principal categories:
35. Quasi contracts, while being called contracts, are not-really
contracts, and will not be considered in this particular discussion concerning
contracts, but we will consider and address that issue in a separation section
later.Unilateral & Bilateral Contracts
36. There can also be unilateral and bilateral contracts that
is "presumed to exist" under some or all the above headings. Let
us examine each above types of contracts to see if the license obtained
by this Citizen falls under any of the categories of contract.
36.1 An express contract is one in which the agreement of
the parties is fully stated in words, and it may be either written or oral,
or partly written and
partly oral.See: Bergh Business Law 30
36.2 A true "implied contract" is an agreement of
the parties, arrived at from their acts and conduct, viewed in the light
of surrounding circumstances, and not from their words either spoken or
written. Like an express contract, it grows out of the intention of the
parties to the transaction, and there must be a meeting of the minds.
See: McKevitt et al v. Golden Age Breweries, Inc., 126 P.2d
36.3 License - Is defined as the "Authority" to
do some act or carry on some trade or business, in its nature lawful but
prohibited statute, except with the permission of the civil authority or
which would otherwise be unlawful.See: Bouvier's Law Dict
37. With these definitions in mind, let us examine a driver's
license to see if it is a contract. The driver's license itself is a small
plastic card approximately 55 millimeters by 86 millimeters in size. It
contains the words "Driver's license or Motor Vehicle Driver's license";
the name, address, signature, and physical description of the user; a pair
or set of identifying numbers; a photograph; and the signature or stamp
of the Director of the Department of Law Enforcement or the Secretary of
State. Obviously, this cannot be an express agreement because there are
no statements to constitute an agreement. Are there two parties to the "contract?"
There is only one signature, thus there are no "parties to the contract",
therefore, "a contract in invalid".
Is there a consideration? What has the State given this Citizen
in return for this Citizens obligation? Some may suggest that the State
has given this Citizen the privilege of driving on the streets or highways.
But this Citizen already has that "RIGHT" to drive on the streets
or highways, and the State cannot require this Citizen to give up a "RIGHT"
to obtain a "privilege".
38. An Iowa Statute that requires that every foreign corporation
named in it shall, as a condition for obtaining a permit to transact business
in Iowa, stipulate that it will not remove into the federal court certain
suits that it would by the laws of the United States have a "RIGHT"
to a permit dependant upon the surrender by the foreign corporation of a
privilege secured to it by the Constitution and laws of the United States.
Bouvier's Law Dictionary quoting Barron v. Burnside, 121 U.S. 186:
38.1 The full significance of the clause law of the land is
said by Ruffin, C.J. to be that statutes that would deprive a Citizen of
the "RIGHTS" of person or property without a regular trial according
to the course and usage of the common law would not be the law of the land.
See: Bouvier's Law Dictionary quoting Hoke v. Henderson, 15 N.C. 15, 25
AM Dec 677
39. It would be foolish for this Citizen to exchange a "RIGHT"
for a privilege since it would mean giving up valuable property in exchange
for something having less value. Is it possible for this Citizen to do such
39.1 Consent -- In criminal Law. No act shall be deemed a
crime if done with the consent of the party injured, unless it be committed
in public, and is likely to provoke a breach of the peace, or tends to the
injury of a third party; provided no consent can be given which will deprive
the consentor of any inalienable "RIGHT." See: Bouvier's Law Dictionary.
40. Thus, even if this Citizen wanted to do so, he could not
give up his "RIGHT" to travel on the streets or highways or exchange
it for the "privilege granted by the State" of having a driver's
license. Thus, in exchange for the supposed obligation of this Sovereign,
the State has given nothing. Thus, there is no consideration.
It may be contended that the seal on the driver's license
is sufficient consideration by the State. It is true that under the common
law, the question of consideration could not be raised concerning a contract
The seal provided conclusive presumption of a consideration.
North Carolina for instance, has abolished by statute the common law "presumption
of consideration" and this statute is binding upon all officers and
employees of the State.
Even though a seal may be present, it is "not evidence
of consideration". Of course, the document in question is a contrived
and copied document and lacks validity in any case as a contract.
As to an obligation, since the license contains no statement
of agreement, and since there are no parties to any agreement, and since
there is no consideration, there can be no obligation.
The driver's license thus, is "not a contract" since
it fails to contain any of the "four essential and required features"
that a contract must in fact contain.
43. Can the driver's license be an "implied contract"?
The same elements must exist in an implied contract as exist in an express
contract. The only difference is that an implied contract is not written
or spoken and the elements of the contract are shown by the acts and conduct
of the parties involved. With respect to this Sovereign, there was certainly
no meeting of the minds else this brief would not result. It was never the
intention of this Citizen to give up Constitutional "RIGHTS" to
accept a privilege from the State. Such an action would be ridiculous. This
could only be done in a socialistic state. There has been no implied agreement
in a free society. Is it possible, that there were two parties to the supposed
contract, i.e.-the State and this Citizen?. There was no consideration in
the implied contract for the same reasons that there was no consideration
in the express contract.
An obligation is the thing to be done. It may be to pay money,
to do work, or to deliver goods; or it may be to refrain from doing something
that the person contracting had a "RIGHT" to do. Some may say
that the State was obligated to allow this Citizen to drive on the streets
or highways and that this Citizen was obligated to obey all the Statutes
contained in the General Statutes. It would be just as easy to say, that
the State could not be obligated to allow this Citizen to travel on the
streets or highways because they did not have the "RIGHT" or the
power to prevent him from doing so.
45. If the State cannot prevent this Citizen from his or her
travels on the streets or highways in, the State does not have any discretion
in the matter and does not have the choice of whether to obligate themselves
or not. Thus, the obligation of the State cannot be to grant this Citizen
the privilege of travel on the streets or highways. The obligation of the
State must be to refrain from prohibiting this Citizen from his travel on
the streets or highways since the State does not have the "RIGHT"
46. It is the contention of this Citizen that the only obligation
that this Citizen incurs when using a vehicle upon the streets or highways
is the Common Law obligation to refrain from any act that causes another
person to lose life, liberty, or property. In complying with this obligation,
this Citizen does comply with many Statutes of the General Statutes since
they are, for the most part, only common sense rules by which this Citizen
avoids doing damage to others.
47. Still, some Statutes of the General Statutes should not
be construed as evidence of a contractual obligation by this Citizen. Neither
should it be construed to all the Statutes of the General Statutes or to
any of them always. Instead, it is merely evidence of a want of this Citizen
to travel safely and to do harm to no one.
48. Thus, the actions of this Citizen do not supply unambiguous
evidence of a contract with the State. Instead, the actions can, with equal
weight, be said to be evidence of a material fact that this Citizen was
complying with the common law requirement in that-he does harm to no one.
The driver's license is not an implied contract because there is no consideration,
there may possibly be two parties, but there is certainly no consideration,
in addition, there is no clear evidence of an obligation. Three of the four
elements necessary for a contract of any kind whatsoever, are missing.
49. The question now becomes, whether the driver's license
application is a contract. In completing that document/form, the applicant
makes several statements and signs the paper upon which these statements
are written under oath. The statements concern the identity, physical description,
address, ability and experience in operating a vehicle, and one statement
on the physical condition of the applicant. None of the statements are as
50. The application form contains the signature of the applicant
and the signature of the person taking the oath of the applicant. The reverse
side of the Application contains the results of a vision test and rudimentary
physical examination with the results of a driving test. These results are
signed by the examiner and not by the applicant.
51. Thus the application takes the form of an Affidavit instead
of a contract. But let us see if the elements of a contract are present
in the application.
51.1 There is no agreement.
51.2 There are not two parties.
51.3 There is no consideration.
51.4 There is no obligation.
52. Since none of the necessary elements of a contract are
present, the application does not constitute a contract.
53. The only other document involved in obtaining a driver's
license is the document, part of which is copied to make the actual driver's
license. It contains, besides the information that is used in making the
driver's license, the results of a vision test conducted by the driver's
54. The applicant places his signature upon this form, that
is then copied by some photographic process. Other material is added including
a photograph, signature of the Director of the Department of Law Enforcement
or the Secretary of State and the driver's license is made of this composite.
55. Thus, the license itself cannot be a contract because
it is a contrived document. The form from which the driver's license is
made cannot be a contract because, again, none of the elements of a contract
are present. So if none of the documents executed by the driver when obtaining
a license is a contract, then no contract can exist between the driver and
the State as a result of obtaining a driver's license.
56. But the idea that the driver's license is a contract with
the State is pervasive. It is a belief, that is strongly held even by people
in high places. Therefore, let us examine the driver's license as if it
were a contract and see if it can withstand scrutiny. Not every offer made
by one party and accepted by the other creates a valid contract. The outward
form of a contract, either oral or written may exist, and yet the circumstances
may be such that no contract in
reality was never created. Some circumstances that will cause an apparently
valid contract to in fact be "void" are:
56.1 Mistake either mutual or unilateral.
57. This Citizen obtained a driver's license upon the representation
by the State, that one's travel upon the roadways of the United States of
America was a privilege. This Citizen accepted this representation as to
be true and because of that representation did obtain a driver's license.
57.1 It has been shown beyond a reasonable doubt, that an
individual's travel is a "RIGHT" and not a privilege. Thus, a
mutual mistake has been made, and the "contract" is void. See:
Deibel v. Kreiss, 50 N.E.2d 1000 (1943)
But the General Assembly of the State who passed the Statutes
contained in the General Statutes are knowledgeable persons, many of whom
are lawyers, and they undoubtedly knew at the time that the law was passed,
that an individual's travel was in fact a "RIGHT" and not a privilege.
If this were the case, then the mistake would be unilateral. A unilateral
mistake known to one party and not to the other party, is sufficient grounds
to void a contract if one truly exists.
59.1 Fraud may consist in conduct, and may exist where there
are no positive representations. Silence, where honesty requires speech,
may sometimes constitute fraud. The rule that a man may be silent and safe,
is by no means a universal one. Where one contracting party knows that the
other party is bargaining for one thing, he has no "RIGHT" by
silence to deceive the other and suffer him to take an altogether different
thing, from that for which that silence has bargained. See: Parish v. Thurston,
87 Ind. 437 (1882)
60. If the driver's license is a contract, a case can be made
for the contention that it was an agreement obtained by the State by fraud.
60.1 Fraud is a generic term which embraces all the multifarious
means which human ingenuity can devised, and are resorted by one individual
to get any advantage over another. No definite and invariable rule can be
laid down as a general proposition defining fraud, as it includes all, trickery,
cunning, surprise, dissembling, and unfair ways by which another is deceived.
See: Wells v. Zenz, 236 P. 485
61. With respect to contracts, the following statements can
61.1 However, in the field of contracts, there are certain
standard tests for a claim of fraud which make it possible to define fraud,
in connection with a contract as any trick or artifice whereby a person
by means of a material misrepresentation, creates an erroneous impression
of the subject matter of a proposed transaction, and thereby induces another
person to suffer damage computable in money. The misrepresentation may result
from a false statement, a concealment, or a nondisclosure. The elements
of a contractual fraud are the following:
61.1.1 A material misrepresentation created, by a statement,
by a concealment, or by nondisclosure.
61.1.2 An intention to defraud. 61.1.3 Reliance on the representation
by the defrauded party.
61.1.4 Damage caused to the defrauded party as the result
of his acting upon the representation. See: Bergh Business Law p. 56.
62. In view of the many decisions by high courts, including
the Supreme Court of the United States, that one's travel is a "RIGHT"
and not a privilege, would be hard to defend the proposition that the General
Assembly of the State was unaware of these decisions, particularly since
many legislators are and were lawyers knowledgeable in such matters. In
fact, when one considers the definition of streets or highways in Sections
of the General Statutes, the Evidence is conclusive that the legislature
knew and knows that ones travels is in fact a "RIGHT."
63. Therefore, the statements in the General Statutes that
a travel is a privilege and that a driver's license is necessary before
one can travel constitutes a "material misrepresentation of fact"
to this possessor of a driver's license. And since the legislature is and
was aware of the fact that an individual's travels was not a privilege,
but a "RIGHT," the statement that one's travels is a privilege,
when applied to this Citizen, constitutes a willful intention to deceive,
and therefore, to defraud.
64. This Citizen did rely upon the representations of the
legislature, that an individual's travels was a privilege when he obtained
his driver's license, else he would not have obtained one.
65. This Citizen did suffer damage as a result of his acting
upon the representation of the legislature at least to the extent of the
In as much as all the necessary elements of fraud are present,
if the driver's license is considered a contract, the "contract"
67. With respect to duress, Bergh, supra., supplies the following
67.1 A party must consent to a contract of his own free will.
Free consent is an essential element of an agreement. Consequently, if he
is coerced into signing a contract by fear induced by a threat to cause
personal injury to himself or to some close relative, the contract will
not be a real agreement and it will be voidable at his option. The threat
of personal injury must be a threat to inflict immediate bodily injury or
to institute a criminal prosecution against the person threatened or some
68. Since it was essential to this Citizen in pursuing his
occupation of common "RIGHT" to use a vehicle upon the streets
or highways, and since the State threatens to and does prosecute persons
in criminal actions for not possessing a driver's license, regardless of
their status, this Citizen did obtain a driver's license under duress. If
then the driver's license is a contract, the contract is unenforceable and
invalid because of this duress.
69. With respect to alterations, Bergh, supra., has the following
69.1 Any material alteration in a written contract by one
party without the consent of the other party, gives this latter party the
option of treating the contract as discharged or enforcing it as it stood
before the alteration.
70. If the driver's license is a contract, it is a written
contract, at least to the extent that the Statutes of the General Statutes
are written. Each time that the General Assembly amends or modifies or adds
to any of the Statutes of the General Statutes, the terms of the contract
are changed. Since this Citizen then has the option of considering the contract
as discharged, he then chooses to do so as of the first change in the General
Statutes following his application for a driver's license.
If it is contended that the driver's license is an implied
contract, the "Statute of Frauds" comes into play.
72. In the following cases the agreement is invalid, unless
the same or some note or memorandum of it, be in writing and subscribed
by the party charged, or by his agent. Evidence, therefore, of the agreement
cannot be received without the writing or secondary evidence of its contents:
72.1 An agreement that by its terms is not to be performed
within a year from the making thereof.
72.2 ............. 73. Since the term of the driver's license
contract is so many years and the contract is not written, the "Statute
of Frauds" does apply
and the contract is unenforceable.
74. The discussion up to this point has been concerned with
bilateral contracts in which each party promises something to the other
party. Is it possible that the driver's license is a unilateral contract?
A unilateral contract is described as:
74.1 A unilateral contract is a one-sided contract in the
sense that only one side makes a promise, and the other side performs an
act for which the promise was given. See: Bergh, supra..
75. Since the act expected by the State is obedience to the
Statutes of the General Statutes, what promise has the State offered in
exchange for this act? The only promise that the State could make this Citizen,
is the promise to allow him to travel on the streets or highways. Since
this Citizen already can do that as a matter of "RIGHT," the State
can promise him nothing. Thus there is no consideration and a unilateral
contract cannot exist.
Having shown that no contract exists between this Citizen
and the State, let us now examine, the proposition that a quasi-contract
exists between this Citizen and the State.
77.1 A quasi-contract is an obligation springing from voluntary
and lawful acts of parties in the absence of any agreement. See: Bouvier's
78. In order to establish the existence of a quasi-contractual
obligation it must be shown:
78.1 That the defendant has received a benefit from the Plaintiff.
78.2 That the retention of the benefit by the Defendant is
inequitable. See: Woodward Quasi Contracts 9.
79. Thus, if it is contended that this Citizen must obey the
Statutes in the General Statutes because of a quasi-contract, it must be
shown that this Citizen has received a benefit from the State. But one's
travels on the streets or highways of the State is not a benefit received
from the State. It was a "RIGHT" that attached to this Citizen
at the moment of his birth and cannot be removed by the State. In this respect,
no benefit has been received from the State, and thus a quasi-contractual
obligation cannot exist with respect to this Citizen.
80. It may be claimed that the Statutes of the General Statutes
are made pursuant to the police powers of the State, and that every person
in the State is obligated to obey them.
81. The police power is a grant of authority from the people
to their governmental agents, for the protection of the health, the safety,
the comfort and the welfare of the public. In its nature, it is broad and
comprehensive. It is a necessary and salutary power, since without it, society
would be at the mercy of individual interest and there would exist neither
public order or security. While this is true, it is only a power. It is
not a "RIGHT?"
82. The powers of government under our system, are nowhere
absolute. They are but grants of authority from the people, and are limited
to their true intentional purposes. The fundamental "RIGHTS" of
the people are inherent and have not yielded to governmental control. They
are not the subjects of governmental authority. They are subjects of individual
authority. Constitutional powers can never transcend Constitutional "RIGHTS."
The police power is subject to the limitations imposed by the Constitution,
and upon every power of government and its agents; and it will not be suffered
to invade or impair the fundamental liberties of the Citizens, whose natural
"RIGHTS" that are the chief concern of the Constitution and for
whose protection it was ordained by the people.
82.1 To secure their property was one of the great ends for
which men entered into society. The "RIGHT" to acquire and own
property, and to deal with it and use it as the owner chooses, so long as
that use harms nobody, is a natural "RIGHT." It does not owe its
origin to constitutions. It plainly and clearly
existed before them. It is a part of the Citizen 's natural liberty -- an
expression of his freedom, guaranteed as inviolate by every American Bill
of "RIGHTS" that we have all sworn to uphold, fight, and give
our lives for.
82.2 It is not a "RIGHT," therefore, over which
the police power is paramount. Like every other fundamental liberty, it
is a "RIGHT" to which the police power is subordinate.
82.3 It is a "RIGHT" which takes into account the
equal "RIGHTS" of others, for it is qualified by the obligation
that the use of the property shall not be to the prejudice of others. But
if subject alone to that qualification, the Citizen is not free to use his
lands and his goods as he chooses, it is difficult to perceive wherein his
"RIGHT" of property has any existence. (Emphasis added). See:
83. Where inherent, unalienable, absolute "RIGHTS"
are concerned, the police powers can have no effect. The "RIGHT"
to travel on the streets or highways and the "RIGHT" to own and
use property have been described as inherent, unalienable, and absolute.
Thus, the police power cannot regulate the Citizens "RIGHT" to
use a vehicle on the streets or highways.
84. If the police power of the State is permitted to regulate
the travels of the Citizen on the streets or highways, and if, through the
action of these regulations or Statutes, this Citizen is denied access to
the streets or highways; a fundamental "RIGHT" of the Citizen
has been abrogated.
84.1 Where "RIGHTS" secured by the Constitution
are involved, there can be no rule making or legislation that would abrogate
them. See: Miranda v. Arizona, 384 U.S. 436, 491 (1966)
85. The abrogation of inalienable "RIGHTS" by legislation
or rule making is unconstitutional.
86. If further proof is needed to show that this Citizen need
not be licensed to travel on the streets or highways, it is provided in
the following decisions:
86.1 A license fee is a tax. See: Parish of Morehouse v. Brigham,
6 So. 257
86.2 A State may not impose a charge for the enjoyment of
a "RIGHT" granted by the Federal Constitution. See: Murdock v.
Pennsylvania, 319 U.S. 105
Since a fee is charged for a driver's license and since one's
travels on the streets or highways is a "RIGHT" guaranteed by
the Federal Constitution, and by the LAW OF NATURE, it is not constitutional
for the State to require this Citizen to be licensed to travel.
88. Even the application for Driver's License Form recognizes
the "RIGHT" of some persons to travel without a license. General
Statutes recognizes categories of persons who are not required to be licensed
in this State. Why is it then that the first demand made by the law enforcement
personnel when making a traffic stop is:
"Let's see your driver's license, registration, and proof
of insurance," and not always politely, when the first question should
be; "What is your status and are you required to have a driver's license?"
89. Can it be, that there is a conspiracy afoot within the
State, to reduce all Citizens to a status of contract? Why else would a
law enforcement person take a Citizen to jail without even trying to discover
if that Citizen is exempt from the requirement of having a driver's license?
90. The question now becomes, whether this Citizen is required
to obey any of the Statutes in the General Statutes? It has been shown that
this Citizen has a "RIGHT" to travel on the streets or highways.
So, any Statute that describes driving on the streets or highways as a privilege
cannot apply to this Sovereign. Since the "RIGHT" of this Citizen
to travel cannot be abrogated, any Statute the operation of which, would
have the effect of denying access to the streets or highways to this Citizen,
cannot be applied.
91. Since violation of any Statue in the General Statutes
is classified as a "misdemeanor" that is punishable by a fine
and six months in jail, and since putting this Citizen in jail because of
his use of the streets or highways that harms nobody, would be an abrogation
of his "RIGHT" to travel, none of the Statutes of the General
Statutes apply to this Citizen. These contentions are supported by the "Supreme
Court of United States".
91.1 An Iowa statute that requires that every foreign corporation
named in it shall as a condition for obtaining a permit to transact business
in Iowa, stipulate that it will not remove into the federal court certain
suits that it would by the laws of the United States have a "RIGHT"
to remove, is void because it makes the "RIGHT" to a permit dependent
upon the surrender by the foreign corporation of a privilege secured to
it by the Constitution and laws of the United States. See: Bouvier's Law
Dictionary quoting Barron v. Burnside, 121 U.S. 186
This decision is consistent with that in Miranda, supra, in
which it was stated that where "RIGHTS" are concerned, there can
be no rule making or legislation that would abrogate them. It is also consistent
with the discussion in the following case. This case is a tax case, but
the discussion on "RIGHTS" that it contains is appropriate.
93. Individual and a Corporation
93.1 There is a clear distinction in this particular, between
an individual and a corporation, and that the latter has no "RIGHT"
to refuse to submit its books and papers for an examination at the suit
of the State. The individual may stand upon his constitutional "RIGHTS"
as a Citizen . He is entitled to carry on his private business in his own
way. His power to contract is unlimited. He owes no duty to the State or
to his neighbors to divulge his business, or to open his doors to an investigation
so far as it may tend to incriminate him. He owes no such duty to the State,
since he receives nothing therefrom, beyond the protection of his life and
property. His "RIGHTS" are such as existed by the law of the land
long antecedent to the organization of the State, and can only be taken
from him by due process of law, and in accordance with the Constitution.
Among his "RIGHTS" are a refusal to incriminate himself, and the
immunity of himself and his property from arrest or seizure except under
a warrant of the law. He owes nothing to the public so long as he does not
trespass upon their "RIGHTS". See: Hale v. Henkel, 201 U.S. 43
94. The Emphasized statement is also consistent with North
Carolina Statutes. In the Statute reads:
94.1 Common law in force. The common law of England, as far
as it is not repugnant to or inconsistent with the Constitution or laws
of the United States in all cases not provided for in these compiled laws,
is the rule of decision in all courts in this state
.95. Since the Statutes of the General Statutes cannot apply
to this Citizen, he becomes subject to the "Common Law" that maintains
that he owes nothing to thepublic, so long as he or she does not trespass
upon their "RIGHTS".
96. Is it the contention of this Citizen that because the
Statutes contained in the General Statutes do not apply to him that the
Statutes are unconstitutional? Absolutely not. There is a class of persons
to whom these Statutes apply without reservation. Members of this class
include corporations and those who do the corporation business on the streets
or highways. A corporation is the creation of the State.
96.1 A corporation is a creature of the State. It is presumed
to be incorporated for the benefit of the public. It receives certain special
privileges and franchises and holds them, subject to the laws of the State
and the limitations of its charter. Its "RIGHTS" to act as a corporation
are only preserved to it while it obeys the laws of its creation. See: Bouvier's
Law Dictionary, 1914 p. 684
97. A Corporation is a person in the eyes of the law but it
lacks character, morals, and has no conscience. It's every activity must
be directed and supervised by the State. Under the definition of "Due
Process of Law", Bouvier's Law Dictionary states in part:
97.1 The liberty guaranteed is that of a natural person and
not of artificial persons; Western Turf Assn. v. Greenberg, 204 U.S. 359
where it was said "a corporation cannot be deemed a Citizen within
the meaning of the clause of the Constitution of the United States which
protects the privileges and immunities of Citizen s of the United States
against being abridged or impaired by the law of a State". (See also
203 U.S. 243)
The Statutes in the General Statutes are designed to direct
the activities of the class of persons of which a corporation is a member.
Corporations are absolutely bound by these Statutes. It is imperative that
a conscienceless entity not be allowed to roam the streets or highways and
jeopardize the Citizens. It is for this purpose that the Statutes of the
General Statutes were enacted and not for the control of a Free and Natural
99. There is no Court in this Land that could lawfully execute
an Order that would or could cause, or work to compel, One to become a servant
or slave of any City, County or State without a conviction and with full
Due Process of Law, and for any City, County, or State to pretend otherwise
is an absurdity.
Have a great day
Richard James, McDonald
http://www.state-citizen.org Join our Citizenship Educational program
Voice:  703-5037 Richard James McDonald
Fax:  887-3217 C/O General Delivery
Canyon Road, Canoga Park 
DESPITE ACTIONS OF POLICE AND LOCAL COURTS, HIGHER COURTS
HAVE RULED THAT AMERICAN CITIZENS HAVE A RIGHT TO TRAVEL WITHOUT STATE PERMITS.
For years professionals within the criminal justice system
have acted on the belief that traveling by motor vehicle was a privilege
that was given to a citizen only after approval by their state government
in the form of a permit or license to drive. In other words, the individual
must be granted the privilege before his use of the state highways was considered
legal. Legislators, police officers, and court officials are becoming aware
that there are court decisions that disprove the belief that driving
is a privilege and therefore requires government approval in the
form of a license. Presented here are some of these cases:
CASE #1: “The use of the highway for the purpose of
travel and transportation is not a mere privilege, but a common fundamental
right of which the public and individuals cannot rightfully be deprived.”
Chicago Motor Coach v. Chicago, 169 NE 221.
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 law 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 directly or conclusively that citizens of the states
have a common law right to travel, without approval or restriction (license),
and that this right is protected under the U.S Constitution.
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 Fifth Amendment.” Kent v. Dulles, 357 US 116, 125.
CASE #4: “The right to travel is a well-established
common right that does not owe its existence to the federal government.
It is recognized by the courts as a natural right.” Schactman v. Dulles
96 App DC 287, 225 F2d 938, at 941.
As hard as it is for those of us in law enforcement to believe, there is
no room for speculation in these court decisions. American citizens do 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 others.
Government—in requiring the people to obtain drivers licenses, and
accepting vehicle inspections and DUI/DWI roadblocks without question—is
restricting, and therefore violating, the people’s common law right
Is this a new legal interpretation on this subject? Apparently
not. This means that the beliefs and opinions our state legislators, the
courts, and those in law enforcement have acted upon for years have been
in error. Researchers armed with actual facts state that case law is overwhelming
in determining that to restrict the movement of the individual in the free
exercise of his right to travel is a serious breach of those freedoms secured
by the U.S. Constitution and most state constitutions. That means it is
unlawful. The revelation that the American citizen has always had the inalienable
right to travel raises profound questions for those who are involved in
making and enforcing state laws. The first of such questions may very well
be this: 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 to name just a few—on
a citizen’s constitutionally protected rights. Is that so?
For the answer, let us look, once again, to the U.S. courts
for a determination of this very issue. In Hertado v. California, 110 US
516, the U.S Supreme Court states very plainly:
“The state cannot diminish rights of the people.”
And in Bennett v. Boggs, 1 Baldw 60,
“Statutes that violate the plain and obvious principles
of common right and common reason are null and void.”
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 limitations
on rights belonging to the people? Other cases are even more straight forward:
“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 US 22, at 24
“Where rights secured by the Constitution are involved,
there can be no rule making or legislation which would abrogate them.”
Miranda v. Arizona, 384 US 436, 491.
“The claim and exercise of a constitutional right cannot
be converted into a crime.” Miller v. US, 230 F 486, at 489.
There can be no sanction or penalty imposed upon one because of this exercise
of constitutional rights.” Sherer v. Cullen, 481 F 946
We could go on, quoting court decision after court decision;
however, the Constitution itself answers our question – Can a government
legally put restrictions on the rights of the American people at anytime,
for any reason? 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 one word withstanding.”
In the same Article, it says just who within our government 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…”
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 who involve themselves
in such unlawful acts in an 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 that there are only two ways
to legally remove a right belonging to the people. These are:
by lawfully amending the constitution, or
by a person knowingly waiving a particular right.
Some of the confusion on our present system has arisen because many millions
of people have waived their right to travel unrestricted and volunteered
into the jurisdiction of the state. Those who have knowingly given up these
rights are now legally regulated by state law and must acquire the proper
permits and registrations. There are basically two groups of people in this
Citizens who involve themselves in commerce 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…as a place for private gain. For the latter purpose,
no person has a vested right to use the highways of this state, but it is
a privilege…which the (state) may grant or withhold at its discretion…”
State v. Johnson, 245 P 1073. There are many court cases that confirm and
point out the difference between the right of the citizen to travel and
a government privilege and 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 to officers to
research it further for themselves.
The second group of citizens that is legally under the jurisdiction of the
state are those citizens who have voluntarily and knowingly waived their
right to travel unregulated and unrestricted by requesting placement under
such jurisdiction through the acquisition of a state driver’s license,
vehicle registration, mandatory insurance, etc. (In other words, by contract.)
We should remember what makes this legal and not a violation of the common
law right to travel is that they knowingly volunteer by contract to waive
their rights. If they were forced, coerced or unknowingly placed under the
state’s 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 applied for and received licenses, registrations
and obtained insurance 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 and rights. We can assume that the majority of those Americans
carrying state licenses and vehicle registrations 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 – laws that are
not laws at all. An area of serious consideration for every police officer
is to understand that the most important law in our land which he has taken
an oath to protect, defend, and enforce, is not state laws and city or county
ordinances, but the law that supersedes all other laws—the U.S. Constitution.
If laws in a particular state or local community conflict with the supreme
law of our nation, there is no question that the officer’s duty is
to uphold the U.S. Constitution.
Every police officer should keep the following U.S. court
ruling—discussed earlier—in mind before issuing citations concerning
licensing, registration, and insurance:
“The claim and exercise of a constitutional right cannot
be converted into a crime.” Miller v. US, 230 F 486, 489.
And as we have seen, traveling freely, going about one’s daily activities,
is the exercise of a most basic right.
Source: By Jack McLamb (from Aid & Abet Newsletter)
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1.With all being said and references made, how do you then
proceed to practice your RIGHT to Free Travel with out spending time in
Comment by thebuzz — 11/12/2004 @ 3:41 pm
2.Big Deal! As soon as the gov’t with all it’s VIOLENT MIGHT
decides to mandate that travel is to be restricted by vehicle, without I.D.
you’re dead meat! This is what is going to happen in the near future.
Comment by Brian Cowger — 12/12/2004 @ 10:05 pm
3.I think that there is a great deal of confusion here. Many americans are
still believers in such words as:Constitution,Government,right ,privilege
Lets talk about power,corporation,people,land. What we have
today around here is this no-man’s-land,a bunch of corporations,some
con artists and a whole crowd of fools. You see ,these corporations have
conquered the land and imposed their rules over the crowd of fools. The
question is:are these corporations legitimate? Apparently they are,as long
as not to many fools are raising any objections.
As the old proverb says: “The rulers are empowered
by the ruled”. These de facto rulers,corporations are ruling by the
consent of the ruled. If the ruled crowd of fools would become aware of
their own power and purpose,for that moment to happen,it would be the end
of the corporate mafia.
The corporate mafia is afraid of this crowd of fools because
they know that the fools are many.
It is very clear stated in the Corporate Book of Rules that
corporations enact their rules and regulations to police their own people.
If you are not one of them,under their corporate umbrella,you are not subject
to their jurisdiction.
If you ever entered any commercial agreement without informed
consent,full discloser you have a natural right to contest that agreement.
Before anything can happen you should rescind that fraudulent agreement.
For future events,if the corporate mafia would try to stick
anything on you,you should use the power of the “affidavit of denial
of corporation existence”. By the said affidavit you raise an objection
to their corporate ruling and jurisdiction. If they still insist on harassing
you,you should demand to see the contract,written and signed by you,that
ties you to their jurisdiction.
Comment by Adrian — 12/20/2004 @ 11:47 am
4.A strategy to lien and stop all motor vehicle depts from defrauding and
extorting us: Find out if they agree that they posess no proof registration
and license is required outside of commerce and why they only talk in terms
of “driving” in commerce. Ask if anyone posseses any proof we
ever “drove a vehicle in commerce for hire”. In the absence
of proof or evidence under rules of evidence and when we ask them yes or
no: Is registration required or license required? If they finally agree
“no”, then ask them if they know all the people are being defrauded
and extorted in the room, standing in line for registration? Does not the
eqalization depts ask if you have any sales during a given period? Then
why does the motor vehicle depts ask if we have commercial activity to report,
to justify the registration cost? If we do not enter commercial driving
status during the year, we should get all the registration money back just
like over-payment of taxes, using affidavit.
We should write a letter to the motor vehicle depts and demand answers.
If that does not work warn them about misprison of felony relating to their
extortion and start going after them personally. Deluge all depts of motor
vehicles with registered mail and shut them down. Get them to free over
90% of the people who never really “drive” but travel. Let the
people prove they drive commercially in commerce or sign an “AFFIDAVIT
OF DENIAL OF DRIVING IN COMMERCE”....Tell the people to register a
financial private interest in said vehicle once and for all with the Secretary
of State for 20 dollars on a UCC-1 and have it over with. Put a private
property UCC filing number plate on the vehicle and be fully protected from
any impoundment by
uniformed government ransackers and let them ever try to prove they have
any financial interest in the vehicle(s). In any litigation there are ways
to talk to a judge, especially to make him show his bonds and liens and
if he is qualified after you asked to see his oath and credentials and identification
and FORM 700, etc by way of supoena duces tecum. And do not let the District
Attorney say he is examining our discovery request and let it go at that.
They are all bound by their chosen trap of Admiralty with which they abuse
the privilege of being bound by their black letter law. We can trap the
hell out of them, especially with felony omission, and abuse of ministerial
duty. Go in law in motions court and get it vacated and then chage them
for their costly abuse of power(s) DID ANYONE READ THIS AND KNOW HOW TO
READ BETWEEN THESE LINES? GO IN WITH A NOTARY AND DO A DEBTORS REVIEW ON
THE STRAWMAN OF THE JUDGE. WHAT DO YOU THINK A JUDGE IS ANYWAY?::A FRICKEN
DEBTOR LIKE THE REST. CAN HE AVOID REVIEW? NO. CAN HE BE DISQUALIFIED?:
Comment by Lance — 1/8/2005 @ 1:01 am
5.Have won Ala. Supr. Ct. case 1980038 on driving on revoked license. Reversed
6 cases. 770 So.2d 1055. I am suing county for false imprisonment. Case
moved to Ala. Supr. Ct.
I am still being arrested and I am working on that issue. Had my unlicensed
non-commerical vehicle impounded and released “without a hassel”
last arrest Dec. 11. 2004.
Comment by John Snavely — 1/11/2005 @ 5:47 pm
6.How may I get a speeding ticket dismissed on a appeal in NYC? I am now
waiting for my transcript? I had hire a lawyer who negotiated it down from
6 pts to 4 pts( I was not present). Also the court doesn’t employ
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