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Attorneys tell you up front: No right to communicate by travel

Mayor Andy Berke, an attorney, refuses to respect the rights of the people and to declare Chattanooga a sanctuary city from Jim Crow abuse of Tenn. Code Ann. § Title 55 and 65, chapter 15. (Photo mayor’s office)

The United States Constitution provides the legal basis for many of the rights American citizens enjoy. However, like most culturally important writings, the Constitution is interpreted differently by different people.

By FindLaw.com

One of the freedoms based in the Constitution is our freedom of movement and subsequent right to travel. Some people interpret this right as meaning that they do not need a driver’s license to operate a vehicle on public roadways, but do state and federal laws agree with that interpretation?

[If you find my work asphyxiating? Is the air of liberty too rich, too sparkling? Here’s a whiff of stain and smoke from barristers such as Mayor Andy Berke. “Just because you have a right does not mean that right is not subject to limitations,” we learn from Findlaw.com, the helpful website. A limitation on the right, if you think just a moment, is a ban absent the obtaining of the state privilege of “driving.” Either you are free, or you’re not. At Findlaw, the “limitation” overwhelms the right entirely. It snuffs personal communication by movement of person, goods and property. — DJT]

Do you need a valid driver license to driver if you already have the right to travel?

If you have the right to travel, you should be able to travel freely on public roads, right? Not without a valid driver’s license.

No matter which state you live in, you are required by law to have a valid driver’s license and all endorsements needed for the type of vehicle you are operating, e.g., motorcycle endorsements, commercial vehicle endorsements, etc. Driving without a valid license can result in significant charges.

In terms of U.S. law, your right to travel does not mean you have a right to drive or to a particular mode of travel, i.e., a motor vehicle, airplane, etc.

Because roads and highways are public infrastructure and operating a vehicle poorly has the potential to harm others and their property, state governments are within their rights to require citizens to have a driver’s license before operating a vehicle on public roads, and states do require drivers to be properly licensed.

What about freedom of movement?

Just because you have a right does not mean that right is not subject to limitations. For example, you have a right to free speech, but that does not mean you can yell “Fire!” in a crowded theater or that you can incite violence.

Because the consequences for operating a vehicle poorly or without adequate training could harm others, it is in everyone’s best interest to make sure the people with whom you share the road know what they are doing.

Legal resources

If you believe your rights have been unjustly limited, you may have grounds for legal action. An experienced legal professional can provide advice and assistance when it comes to ensuring you are able to fully exercise your rights.

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