Why The DOJ Is Wrong, Driver’s Licenses Are Not Protected By Constitution

captureBy Andrew Pontbriand

Whether it is due to ignorance (chosen or otherwise) the overwhelming majority of Americans will look at you with a straight face and tell you that you need a driver’s license, or driver’s licenses are “a right.” When you look them right back in their eyes and tell them, “no, you don’t, and no they’re not a right” you might as well just leave it at that and walk away.

It is a perfectly human response to nearly shut down and turn on your emotions, desperate to cling on to the [vested] beliefs you have had since you were brainwashed as a child. Which, sure as you were born you were brainwashed. Don’t fret, I am not here to pass judgement or play the blame game — I too was once brainwashed.

The Driver’s License issue has been around for quite some time here in America. The funny part about it though, is that very fact in and of itself. It has been around for some time. Not the whole time.

America is [supposed to be] a free country made up of individual states with a Republican form of Government. I know, this makes some of you uncomfortable but I promise if you continue reading you will come to realize this is far from a political article.

Article IV Section 4 of the [organic] American Constitution guarantees every state a Republican form of Government. So, what is a Republican form of Government? No it is not when you have a Republican controlled House or Republican President. In fact, it has nothing to do with “the Republican Party” of today.

A Republican form of Government is the antithesis of politics. A civil/central government (where the true democracy lies in the halls of a Congress) is where the politicians broker deals to the highest bidder, and are able to manipulate the system to shield themselves from prosecution. (Does that sound familiar?)

A Republican form of Government is:  “… one in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated.” It is a system where power exists only by consent. If you do not consent, then there lies no authority above you (assuming no person or property was damaged).

As you can see from the above definition, there appears to exist a duality. Either you have a government made up of free men and women who make laws and execute them (for the mutual aid and betterment of the common man) or you have a group of elected officials who are given those powers. Please see Article IV Sec. 4 for more info

Sadly, the American people have been sold a bag of [no]goods for decades. 

“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.

“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.

“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.

“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.

The citations and cases go on and on.

What it boils down to is very simple – the American people have long forgotten what it means to be free.

The average American lines up in droves to forfeit their natural rights, in exchange for [political] civil privileges. This is exactly what happens when you go to a local branch of the Registry of Motor Vehicles.

The government forced me to get a drivers license!

Did they?

I can guarantee you without a doubt, that not once has any government official (let alone an RMV Branch Employee) come to your house with the intention of forcing you to apply for a driver’s license. It just ain’t happenin’ Jack!

However, the average American is often all to happy and excited to willingly and voluntarily go out of their way to hand over their [un]inalienable rights!

license-surrenderedFacebookers Brag They Have Given Up Natural Rights in Exchange For Privileges.

There is an article gaining traction throughout social media in regards to a recent DOJ Brief. The brief is in regards to license suspensions, and apparently the DOJ sided with the Plaintiffs and states: “the State has suspended driver’s license’s without adequate due process.

We feel it is important to comment.

How to Disappear Off the Grid Completely (Ad)

In some ways, many will view this Department of Justice brief as a victory for freedom.

Currently, the Supreme Court has yet to rule or even schedule a hearing to rule on this case. Either way, this is a very important case because this author believes it will set a new precedent. A precedent that will further show evidence that the American people not only choose to surrender natural rights, but they actually challenge government officials in keeping those very rights at bay.

In other words, the argument that State officials in states like California and Virginia are “depriving citizens of their right to possess a license,” because of their inability to pay court costs or fines, is simply incorrect and incompatible with the rights guaranteed to us all.

Driver’s Licenses are NOT guaranteed by the Constitution! This argument is null and void on the face of it. No license is guaranteed to anybody, because a license is simply a man-made, arbitrary creation of the State, and falls under statutes and code enforcement.

Anything that falls under statutes and code enforcement comes under the Commerce Clause of the U.S Constitution, which means, if you want to voluntarily claim you need a driver’s license, the state assumes you are doing so to engage in commerce. This of course would mean then that you SHOULD have the ability to pay court costs and court fines, since a license is granted to drivers who want to contract under the Motor Vehicle Code, which falls under Motor Vehicles engaged in commerce.

The legal system in America is simply following suit, and has been for the last 130+ years. Despite the law still standing that Americans DO NOT need driver’s licenses to “travel freely” and given that the government cannot restrict your “right to travel;” it is still extremely common for people to grossly misunderstand what traveling freely truly is.

If you have a driver’s license, a Motor Vehicle as defined in the Motor Vehicle Code, or even an Automobile that has license plates and a registration (certificate or receipt of someone else’s property) then you can (and will) fall under the jurisdiction of the government to restrict your privilege of using a Motor vehicle (as defined by the Motor Vehicle Code.)

To conclude, we live at a time in which even though information is plentiful and easier to access, people still disregard the available facts and history. This negligence tends to cause people to be the proximate cause of their own injury, and continues the repeated offenses to individual liberty and freedom we were all born with.

Until we as Americans finally decide in our own capacity, that we will not engage in the fraud of the system — until we decide we will not, in our own capacity, give up our natural freedoms in exchange for the false security of the United States benefits and privileges program — unfortunately we will not be free.

Andrew Pontbriand is a former writer for websites such as Activist Post and The Anti-Media. Entrepreneur, coin collector, researcher, and American National. You can read more from Andrew at Distract101.com, where this article first appeared.

Activist Post Daily Newsletter

Subscription is FREE and CONFIDENTIAL
Free Report: How To Survive The Job Automation Apocalypse with subscription

20 Comments on "Why The DOJ Is Wrong, Driver’s Licenses Are Not Protected By Constitution"

  1. We need to get back to basics. The 1% that need policing doesn’t require a police state army out fishing traffic at will . Jailing people and feeding the system for monetary gain for the state must stop. Please brave people come forward to teach us how to do this so the system is put back into the corral of the Constitution and we become a Republic again.

  2. they cannot detain you for a civil infraction aka pull you over
    if they do challenge jurisdiction
    and ask them to tell you what crime they suspect you of..no crime no warrent..case is thrown out
    do this in court in front of a judge not in the streets in the streets keep your mouth shut unless it is to ask questions like:
    whats the emergency officer how can i help?
    Am i being detained?

  3. We do not have judges only executive administrators who enforce corporate statutes in Kangaroo Pseudo Corporate rooms dressed up to look like a court. It is all a fraud by Dun and Bradstreet listed corporations masquerading as govs.

  4. Great article. I wish, however, that it would have gone a tad further in addressing the ID issue, which the driver’s license doubles as.

    I do not drive, and never have. But I kowtow to the various ID demands by going to the state and getting my ID from them every 8 years, or whatever it is now. Sad fact: it is nearly impossible to go about on one’s business without a photo ID these days.

    Amusing corollary: last time I renewed my ID at the Virginia DMV they issued me a valid driver’s license by mistake – without me taking any test or even being able to drive! 😉

    I am not physically incapable of driving; I have no such handicap. However, I am so awful at it that I could not in good conscience go through with that pretense. So I drink instead, with a clean conscience that I am not imperiling you.

    You’re welcome!

  5. Tell it to the police officers who pull you over. They’ll still find a way to issue the ticket and it’ll be up to you to face the judge. Do you have time for all that?

    • One must make time. Since all of this is unlawful, SUE everyone involved. The arresting officer, the prosecutor, the court. Sue them all.

    • thecraziesarerunningtheasylum | November 17, 2016 at 1:35 pm | Reply

      It is not just tell it to the officer, they will most of the time arrest you, they ARE in the WRONG but still will not stop them, I have seen and read many cases about people doing this and they are arrested, harassed, to bad the people who are suppose to know the law do not know it…

      • Yep. A buddy of mine is a highway patrolman. Though the Constitution side is my approach he does see my point of view, he states he won’t take any B.S. and will issue the ticket regardless. Why? It’s his job and what his supervisors tell him to do.

  6. Actually, demanding citizens obtain and maintain a license to move about the country is illegal. The law was written to apply only to interstate commerce. If you are transporting goods or people for profit, then you can legally be required to be licensed. But to traverse about freely is constitutionally protected. Our ignorance of founding documents has ultimately enslaved us to a corrupt federal government.

    • You don’t need a license to move about the country, you need a license to drive a motor vehicle on a taxpayer-funded highway. For the safety of other drivers you are required to demonstrate proficiency, and for the funding of said highways you are required to pay license and tag fees. You are perfectly free to build your own roads on your own property and drive around on them without a license, or even collaborate with your neighbors to build a local system of roads independent of any municipality. But if you want to use the roads that taxpayers funded, you must play by the rules the representatives of the taxpayers established.

  7. I personally fought this battle for a lot of years– wasted a lot of time and money and put a lot of miles on my car fighting it in court: sovereignty, common law state Citizen status vs U.S. citizenship, “driving a vehicle” vs “the right to travel” and… Andrew’s article is remarkably complete. When you pilot a “motor vehicle” on a state-provided roadway with a state-issued license to drive, you are deemed to be engaged in commerce. As such, they have the authority (and jurisdiction) to regulate your activities, in the name of public safety (among other things) and monitor the manner in which you move in that environment- (think speed, EPA regulations of vehicle emissions, proper lighting, signals, etc.) You will note that no matter what your claimed political status (citizenship included — see: ex parte Ng Fung Sing) the driver’s license is ALWAYS tied to your state-issued Social Security number which, if you have one, is seen as verification that you have “made an election” to be treated as a U.S. citizen. Essentially waiving your sovereignty. The key is to rescind your SSN for cause- namely, fraud on the part of the U.S. government. I did that too. But if you really want to travel “freely” on the highways, you’ll need that license, vehicle registration and insurance– otherwise they can take your property. I pushed that envelope too, and it happened to me. Thankfully, I came to my senses and got my car back. Sometimes you simply have to render unto Caesar that which is Caesar’s…

    • While I agree with all you wrote here, how does one go about gaining employment without a SS number? I had trouble one time in the hiring process because all I had with the “stub” that comes attached to the card (lost wallet and card and figured the “stub” would be sufficient), which had my name and SSN on it. I have read many articles on this matter but never has one touched on this issue.

  8. I couldn’t agree more. Don’t need no stinkin drivers license.
    And aint it funny that they (government pukes) take a public funded road and make certain lanes toll.

  9. Grace by Faith on yt | November 17, 2016 at 9:23 am | Reply

    How glad I am, to find such a great article here (well done, author) and then such great comments! I’m proud of all of you who actually know who you are! You are NOT commercial chattle, nor are you a creature of the mind as is our federal government and all its alphabet agencies. You are NOT a “legal fiction” or an “individual legal entity”. You are NOT a possession of the federal government because you identified to be in their jurisdiction (duress matters).

    You are YOU, a living, breathing man or woman, and as such have inherent rights afforded by your creator NOT some piece of paper called the bill of rights just because it says the same thing. No man may interfere, let alone a tyrannical foreign power such as our government now is. So well done, all of you!

    One thing we should all remember: Corporations may ONLY interact with other corporations, so they trick us into identifying as such. They use words and questions specifically designed to accomplish this fraud to create joinder (to trick you into a contract with them), so beware, tread carefully when in their presence, and by NO means give evidence against yourself, because that is how they do it – they have US do it for them, and most of us still don’t realize it. Drivers licenses are hearsay – and you must give them hearsay before they can even touch you, let alone ticket you.

    We do this every time we answer them when they ask, “What’s your name?” or when they ask you anything at all and you answer them. You are creating joinder and they MUST have that in order to write you up, take your stuff and money, and throw you in a cage. So I just avoid them, I don’t hurt anyone’s or their property, and if I’m asked a question by them, I ALWAYS respond with a question myself, and I NEVER answer theirs.

  10. The license might not be guaranteed, but access to road travel is

  11. Free Man (NOT) | November 17, 2016 at 2:58 pm | Reply

    Has anyone noticed that illegal aliens are not required to have IDs?

  12. Bullshit article!!!!!

    If anything jail the DMV commissioners for their absurd corrupt systems of punishing people for minor traffic infractions. Moreover, policing and jails are now nothing but big business as the entire system of courts/law enforcement etc. now relies on traffic fines…the DMVs want their chunk of big cash…they don’t want to get left behind to collect their hundreds of $$millions for Americans already suffering from many hardships

  13. Yea figured it wouldn’t be the easiest thing to accomplish, obviously. But thanks for the feedback. Its still muddy, but a tad bit clearer. Good day and god bless

Leave a comment

Your email address will not be published.