Notice: Right To Travel
Notice: Right To Travel
Notice: Right To Travel
protection of rights by Constitutional Law "NOTICE" TO PUBLIC SERVANTS intending to violate my free rights under law: Americans' "freedom to travel throughout the United States has long been recogni zed as a basic right under the Constitution," according to multiple cases includ ing Williams v Fears, 179 US 270, 274; 21 S Ct 128; 45 L Ed 186 (1900); Twining v New Jersey, 211 US 78, 97; 29 S Ct 14; 53 L Ed 97 (1908), as listed in the cas e of United States v Guest, 383 US 745; 86 S Ct 1170; 16 L Ed 2d 239 (1968), a c ase involving criminally prosecuting people for obstructing the right (obstructi on is a federal crime pursuant to federal criminal law 18 USC 241). Case law shows that the "liberty" protected by the Fourteenth Amendment extends beyond freedom from bodily restraint and includes a much wider range of human ac tivity, including but not limited to the opportunity to make a wide range of per sonal decisions concerning one's life, family, and private pursuits. See Meyer v , 262 US 390, 399; 43 SCt 625, 626; 67 L Ed 1043 (1923), and Roe v Wade, 410 US 113, 152-153; 93 S Ct 705, 726-727; 35 L Ed 2d 147 (1973). One of these life, fa mily, private pursuits is obviously driving. In effect, as per the Supreme Court decision in the case of Crandall v Nevada, 7 3 US 35; 18 L Ed (1867), speed limits and other traffic control devices, being n on-fact-based, are simply an unlawful tax or impost on travel, and thus unconsti tutional for the reason cited in Crandall. (Crandall involved a tax on travelers ! which is what in essence speed limits, unscientific stop signs, etc., simply a re, stripped of all the phony fraudulent politician folderol pretending them to relate somehow to safety, not to mention that are extortion violating the federa l anti-racketeering act (RICO), 18 USC 1961 and the law against obstructing fede ral rights, 18 USC 241). "...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 hig hways...as a place for private gain. For the latter purpose, no person has a ves ted 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. "Undoubtedly the right of locomotion, the right to remove from one place to anot her 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 ri ght secured by the l4th Amendment and by other provisions of the Constitution." - Schactman v Dulles, 96 App D.C. 287, 293. "The right to travel is part of the Liberty of which the citizen cannot be depri ved without due process of law under the Fifth Amendment." Kent v. Dulles 357 U. S. 116, 125. Reaffirmed in Zemel v. Rusk 33 US 1. "Where activities or enjoyment, natural and often necessary to the well being of an American citizen, such as travel, are involved, we will construe narrowly al l delegated powers that curtail or dilute them... to repeat, we deal here with a constitutional right of the citizen..." Edwards v. California 314 US 160 (1941) . "Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business o r pleasure, though this right may be regulated in accordance with the public int erest and convenience. - Chicago Motor Coach v Chicago, 169 NE 22 ("Regulated" h ere means stop lights, signs, etc. NOT a privilege that requires permission or u
nconstitutional taxation; i.e. - licensing, mandatory insurance, vehicle registr ation, etc., requiring financial consideration, which are more illegal taxes.) "The right of the citizen to travel upon the public highways and to transport hi s 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 un der the right to life, liberty, and the pursuit of happiness."- Thompson v Smith , 154 SE 579. "The right to travel is protected by the Equal Protection Clause of the 14th Ame ndment." "Right to travel is constitutionally protected against private as well as public encroachment." Volunteer Medical Clinic, Inc. V. Operation Rescue, 948 F2d 218; International O rg. Of Masters, Etc. V. Andrews, 831, F2d 843; Zobel v. Williams, 457 US 55, 102 Sct. 2309. "The right to make use of an automobile as a vehicle of travel along the highway s of the state, is no longer an open question. The owners thereof have the same rights in the roads and streets as the drivers of horses or those riding a bicyc le or traveling in some vehicle." House v. Cramer, 1 12 N. W. 3; 134 Iowa 374 (1 907). "License: In the law of contracts, is a permission, accorded by a competent auth ority, conferring the right to do some act which without such authorization woul d be illegal, or would be a trespass or tort." Blacks Law Dictionary, 2nd Ed. (1 910). "The license means to confer on a person the right to do something which otherwi se he would not have the right to do." City of Louisville v. Sebree, 214 S.W. 2D 248; 308 Ky. 420. "The object of a license is to confer a right or power which does not exist with out it." Pavne v. Massev, 196 S.W. 2D 493; 145 Tex. 273; Shuman v. City of Ft. W ayne, 127 Indiana 109; 26 NE 560, 561 (1891); 194 So 569 (1940). "A license is a mere permit to do something that without it would be unlawful." Littleton v. Buress, 82 P. 864, 866; 14 Wyo.173. "A license, pure and simple, is a mere personal privilege...River Development Co rp. V. Liberty Corp., 133 A. 2d 373, 385; 45 N.J. Super. 445. "A license is merely a permit or privilege to do what otherwise would be unlawfu l, and is not a contract between the authority, federal, state or municipal gran ting it and the person to whom it is granted..."American States Water Services C o. Of Calif. V. Johnson, 88 P.2d 770, 774; 31 Cal. App.2d 606. "A license when granting a privilege, may not, as the terms to its possession, i mpose conditions which require the abandonment of constitutional rights." Frost Trucking Co. V. Railroad Commission, 271 US 583, 589 (1924); Terral v. Burke Con struction Company, 257 US 529, 532 (1922). Public roads belong to the people, since we pay for them, therefore exercising o ne's liberty upon them is a natural right. The right to travel, or to locomotion, is upheld in the constitution, and actually predate the constitution; "These are rights which existed long before our constitution, and we have taken pride in their maintenance, making them a part of the fundamental law of the lan
d." "Personal liberty, which is guaranteed to every citizen under our constitution a nd laws, consists of the right to locomotion,to go where one pleases, and when, a nd to do that which may lead to one's business or pleasure, only so far restrain ed as the rights of others may make it necessary for the welfare of all other ci tizens. . . . "Any law which would place the keeping and safe conduct of another in the hands of even a conservator of the peace, unless for some breach of the peace committe d in his presence, or upon suspicion of felony, would be most oppressive and unj ust, and destroy all the rights which our Constitution guarantees." Pinkerton v Verberg, 78 Mich 573, 584; 44 NW 579, 582-583 (1889). The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any p urpose, since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Sin ce an unconstitutional law is void, the general principles follow that it impose s no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A v oid act cannot be legally consistent with a valid one. An unconstitutional law c annot operate to supersede any existing law. Indeed insofar as a statute runs co unter to the fundamental law of the land, (the Constitution JTM) it is supersede d thereby. No one is bound to obey an unconstitutional law and no courts are bou nd to enforce it." Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886) "The word privilege is defined as a particular benefit, favor, or advantage, a r ight or immunity not enjoyed by all, or it may be enjoyed only under special con ditions." Knoll Gold Club v. U.S., 179 Fed Supp. 377, 380. "...those things which are considered as inalienable rights which all citizens p ossess cannot be licensed since those acts are not held to be a privilege." City of Chicago v. Collins, 51 N.E. 907, 910 "Illegitimate and unconstitutional practices get their first footing in that way , by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of persons and property should be liberally construed." Boyd v. Un ited States, 116 U.S. 616, 635 (1884); Exparte Rhodes, 202Ala. 68 71. "The State cannot diminish rights of the people." Hertado v. California, 110 U.S . 516 "Statutes that violate the plain and obvious principles of common right and comm on reason are null and void." Bennett v. Boggs, 1 Baldw 60. "This Constitution, and the Laws of the United States which shall be made in Pur suance 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 notwithstanding. The Senators and Representatives before mentio ned, and the Members of the several State Legislatures, and all executive and ju dicial Officers, both of the United States and of the several States, shall be b ound by Oath or Affirmation, to support this Constitution..." Article VI of the U.S. Constitution: "Under our system of government upon the individuality and intelligence of the c itizen, the state does not claim to control him/her, except as his/her conduct t o others, leaving him/her the sole judge as to all that affects himself/herself.
" Mugler v. Kansas 123 U.S. 623, 659-60. "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 U.S. 22, 24 . "Where rights secured by the constitution are involved, there can be no rule mak ing or legislation which would abrogate them." - Miranda v. Arizona, 384 U.S. 43 6, 491. "The claim and exercise of a constitutional right cannot be converted into a cri me." - Miller v. U.S., 230 F 2d 486, 489. "For a crime to exist, there must be an injured party. There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights."Sherar v. Cullen, 481 F. 945. There is no question n/ticket issued by a ng no valid driver's ivities involving an verting a Right into that there is NO injured party involved here, and a citatio police officer, or jail/incarceration for any cause includi license, registration or insurance, and save for criminal act injured party, is a penalty or sanction, and is indeed "con a crime."
"The use of the highway for the purpose of travel and transportation is not a me re privilege, but a common and fundamental right which the public and individual s cannot be rightfully deprived." Chicago Motor Coach v. Chicago, 337 IIL200,169 NE 22, 66 ALR 834. Ligare v. Chicago 139 III. 46, 28 NE 934. Booney v. dark, 21 4 SW 607; 25 A M JUR (I'1) Highways, Sec. 163. Sovereignty itself is, of course, not subject to law. Yick Wo vs. Hopkins, U.S. 356 (1886) "Our system of government, based upon the individuality and intelligence of the citizen, the state does not claim to control him, except as his conduct to other s, leaving him the sole judge as to all that only affects himself." Mugler v. Ka nsas 123 U.S. 623, 659-6O. "A State may not impose a charge for the enjoyment of a right granted by the Fed eral Constitution." Murdock v. Pennsylvania, 319 U.S. 105, at 113. Compelling me, a sovereign individual, into a contract with Colorado by securing , for money, a "driver's" license or vehicle registration, or face fines or impr isonment for non-crimes, is a direct violation of my rights under law. My rights have been secured via my Uniform Commercial Code 1 filing with the Secretary of State of Colorado, and accepted. The Claims will produce forensic evidence showing how the UNITED STATES OF AMERI CA CORPORATION issues LETTERS OF MARQUE via Colorable de facto Laws, Statutes, P ublic Policies, Codes, Rules Administrative Procedures etc., to Agencies and the Agents in turn function as the Insurgents committing hostile and warlike acts o f blatantly, directly, forcible, employing intimidation, fear, threats, actions such as coercion, terrorism, racketeering, privateering under the Color of Law a nd Color of Right, conspiring against, abridging and depriving the Defendants, a nd access to the Rights and Constitutional Exemptions of the Defendants and that are Secured and Protected by Law from such actions. 1. Belligerency - the status of de facto statehood attributed to a body of insur gents, by which their hostilities are legalized. The international status assume d by a state (i.e. nation) which wages war against another.
2. Belligerent - One who is hostile or combative which as a state is hostile, co mbative and wages war hostilities and aggression against its own citizens by a b ody of insurgents by which their war hostilities are presumed legalized. 3. Privateer - A vessel owned, equipped, and armed by one or more individuals, a nd duly commissioned by a belligerent power to make war upon the enemy, usually by preying on his commerce. A vessel is commissioned by a state or a nation by t he issue of a letter of marque to its owner to carry on all hostilities, presuma bly according to the laws of war. Formerly a state issued letters of marque to i ts own subjects, and to those of neutral states as well, but a privateersman who accepted letters of marque from both belligerents was regarded as a pirate. Pir acy and Privateering are Federal offences 18 USCA 1692 et seq. See Black's Law Dic tionary 6th Edition page 1195 4. Letter of Marque - An authorization formerly granted in time of war by a gove rnment to the owner of a vessel to capture enemy vessels and goods. See Article I 8 US Constitution. 5. War - For there to be a war a sovereign or a quasi-sovereign must engage in h ostilities. Pan American World Airways, Inc. v. Aetna Cas. & Sur. Co., C.A.N.Y., 505 F.2d 989,1005. 6. Piracy - Those acts of robbery and depredation upon the high seas, which if c ommitted on land, would have amounted to a felony. Whoever, on the high seas, co mmits the crime of piracy as defined by the law of nations, and is afterwards br ought into or found in the United States, shall be imprisoned for life. 18 USCA 1651. Piracy and Privateering are Federal offences 18 USCA 1692 et seq. Blacks L aw Dictionary Further potential crimes: -Title 28- Judiciary and Judicial Procedure, Chapter 13 Civil Rights, 241 Conspi racy against private property rights. -Title 28- Judiciary and Judicial Procedure, Chapter 13 Civil Rights, 242 Depriv ation of rights under color of law. -The 4th Constitutional Amendment; Deprivation of security of the Private Proper ty Right from government invasion. -The 5th Constitutional Amendment Deprivation of Liberty and Private Property wi thout Just Compensation. -The Theft of the Personal Private Property by Taking without Just Compensation. -The United States Code Title 42 Chapter 21 Subchapter I 1985-Conspiracy interfe ring with Private Property Rights. -The United States Code Annotated Title 18 1651 et seq Piracy and Privateering a ctivities conducted on vessels at dry dock under commercial law by a body of ins urgent Privateers. -The United States Code Title 18 152 and 3571 provides fine up to $500,000.00 or imprisonment for up to 5 years for the presenting of fraudulent claims, fraudul ent indictment, fraudulent evidence. -The United States Code Title 42 Chapter 21 Subchapter II obstructing the eviden ce in the witnesses through the modification of language creating Federal Racket eering; Influenced and Corrupt Organizations activities extorting financial mean s creating economical damage point beyond recovery.
-The United States Code Title 42 Chapter 21 Subchapter III deprivation of the ev idence in the witnesses through modification of language creating acts of Federa l Racketeering; Influenced and Corrupt Organizations; Terrorism; Privateering. -The United States Code Title 42 1986 For knowledge and the right to stop and co rrect a wrong, -The United States Code Title 28 USC 1746 and Title 18 1621 Perjury and conspiri ng to commit perjury. -The United States Code Title 18 1001 and the Federal Rules of Civil Procedure 9 (b). Extorting private property through the modification of language. -The United States Code Title 18 Part I Chapter 95 1651 Interference with commer ce by threats or violence. -Acting without establishing as a matter of record, Proper Jurisdiction -Breach of Fiduciary Duty of Upholding the "Oath of Office" and Upholding the Of fice of Public Trust. -Acts of War against the United States Government Treaties and Organic Constitut ion Constituting Treason. -Violation of Substantive Rights and Private Property Rights Secured and Protect ion by Constitutional Law. -Employing Intimidation to affect Identity, Nationality, Birthright. Thief Using a Fiction, Artificial Person Name to Impersonate and Steal the Sovereign De Jur e Identity. Federal law 18 USC 1961 bans engaging in a pattern of crime. When state and loca l officials in essence extort money, they are committing federal felonies and ar e in essence "racketeers" as per the law. I declare under penalty of perjury that I have been given this notice, read it a nd accept the responsibility of my actions or consequences. I also understand th at I could be breaking the law in my legal capacity or duties of my job &and tak e full responsibility and liability for said actions. Date: __________________ /s/ ____________________________________________ Officer Badge Number_________________________ ARGUMENTS FOR OATH OF EXECUTIVE "OFFICERS" Every U.S. Police officer knows that they have sworn an oath to the people of our nation that we will not only protect their lives and property, but, that we will uphold, and protect their freedoms and rights under the Supreme laws of th is nation, - the U. S. Constitution. In this regard then, we must agree that those within government that restrict a Citizens rights, (such as restricting the peoples right to travel,) are acting in violation of his or her oath of office and are actually committing a crime a gainst such Citizens. Here's an interesting question. Is ignorance of these la ws 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 that involve themselves in such unlawful acts in a unfavorable legal s ituation. For it is a felony and federal crime to violate, or deprive citizens of their Constitutionally protected rights.