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.

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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.
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