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Why we also have different laws in different states and was for License Plates, why not have license plates called "United States Of America"?
It's called "federalism." The United States is a federal republic, not a confederation or unitary State.
Your high school government teachers failed you miserably. I'd get a lawyer and sue your school district, if I would be you.
Under US federalism, States are sovereign, but they surrendered certain facets of sovereignty in order to speak as a unified front, namely the sovereign right to coin currency, engage in diplomacy and enter into treaties, and to wage war.
You can't be serious. Are you? If so, this is testament to the failure of public education.
Learn some history. Let me give you a quick lesson: The several states joined together in a legal contract, the Constitution, which formed the Federal Government, delegating to that Government certain specified powers, and retaining all other powers to themselves.
That is also why each state votes independently for President and Vice President.
Last edited by nononsenseguy; 08-03-2018 at 07:22 AM..
I feel like people are piling on OP and I did question him/her initially. But if someone truly doesn't know then they learn by asking. If people are going to denigrate when someone does ask then they won't likely put themselves into the ring again later with other questions. Learning is a good thing and that starts by asking questions, and it never matters how old you are.
FYI: A license to drive is for the privilege to engage in commerce on public roads. People who have the personal liberty to travel upon the public roads need no licenses nor register their private vehicles.
There is no delegation of power to the federal government to grant a privilege to engage in commerce upon state roads.
One might question their public servant to determine exactly what privilege they're exercising and how they lost their right to travel.
. . .
" PERSONAL LIBERTY largely consists of the Right of locomotion to go where and when one pleases only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or AUTOMOBILE, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct."
- - - II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135.
DRIVER'S LICENSE - The certificate or license issued by a state which authorizes a person to operate a motor vehicle. Generally, a written and driving examination is required for obtaining such.
- - - Black's Law dictionary, Sixth Edition, p. 495
TRAFFIC - Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing or exchange of goods or commodities from one person to another for an equivalent in goods or money. The subjects of transportation on a route, as persons or goods ...
- - - Black's Law Dictionary, Sixth Edition, p. 1495
Title 18 USC Sec. 31 : When used in this chapter the term - ... “MOTOR VEHICLE” means every description of carriage or other contrivance propelled or drawn by mechanical power and USED FOR COMMERCIAL PURPOSES on the highways in the transportation of passengers, passengers and property, or property or cargo...
- - - Title 18 USC Sec. 31
Ever notice that tractor trailers often have a sign : "No Riders".
Why not "No Passengers"?
Because they ARE licensed to carry passengers. Riders are not passengers.
A "passenger auto" is a commercial vehicle, hauling passengers for hire.
Why we also have different laws in different states and was for License Plates, why not have license plates called "United States Of America"?
Before being admitted to the Union, States had to submit their OWN Constitution's, that is why the fed's can't, even if they wanted to, regulate general traffic laws.
Even the USSC has ruled the individual states have the power to regulate such.
What about Washington, D.C. that is not a state! U.S.Grant, while President, was arrested by a DC officer for excessive speed in his horse and buggy. What about Sovereign Indian/Tribal Lands?
The fed's can regulate traffic on their lands, just as states can.
Why we also have different laws in different states and was for License Plates, why not have license plates called "United States Of America"?
There are plates for the US. They all have "US Government" on the top above the number, and "For Official Use Only" below the number.
The plates are used on all Federal vehicles that move about freely and vehicles that are intended to remain on Federal lands such as military bases, National parks, etc.
FYI: A license to drive is for the privilege to engage in commerce on public roads. People who have the personal liberty to travel upon the public roads need no licenses nor register their private vehicles.
There is no delegation of power to the federal government to grant a privilege to engage in commerce upon state roads.
One might question their public servant to determine exactly what privilege they're exercising and how they lost their right to travel.
. . .
" PERSONAL LIBERTY largely consists of the Right of locomotion to go where and when one pleases only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or AUTOMOBILE, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct."
- - - II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135.
DRIVER'S LICENSE - The certificate or license issued by a state which authorizes a person to operate a motor vehicle. Generally, a written and driving examination is required for obtaining such.
- - - Black's Law dictionary, Sixth Edition, p. 495
TRAFFIC - Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing or exchange of goods or commodities from one person to another for an equivalent in goods or money. The subjects of transportation on a route, as persons or goods ...
- - - Black's Law Dictionary, Sixth Edition, p. 1495
Title 18 USC Sec. 31 : When used in this chapter the term - ... “MOTOR VEHICLE” means every description of carriage or other contrivance propelled or drawn by mechanical power and USED FOR COMMERCIAL PURPOSES on the highways in the transportation of passengers, passengers and property, or property or cargo...
- - - Title 18 USC Sec. 31
Ever notice that tractor trailers often have a sign : "No Riders".
Why not "No Passengers"?
Because they ARE licensed to carry passengers. Riders are not passengers.
A "passenger auto" is a commercial vehicle, hauling passengers for hire.
A private automobile has riders, not passengers.
There is a bit of a CAtch-22 in the above. Or "Who comes first, the chicken or the egg?"
Driving is more than a mere privilege.
States have the authorization to operate the vehicle.
No one can drive a car without operating the car.
So, while everyone may have the right to drive, only those who are authorized may exercise the right.
It may be contrary to Constitutional interpretation, but it makes safety sense.
Since every elected official takes an oath to defend and protect the citizens of any state and the nation, and certainly protecting us all from blind drivers and 3-year old drivers would be part of protecting us, there seems to be an unresolved conflict in the laws and all law's framework, the Constitution.
But the conflict disappears once a driver is licensed.
So it seems to me that saying "It's a privilege" is only a short-hand, incorrect way of describing a more complicated situation.
It would not be the only time an incorrect saying becomes thought of as law through common usage.
But an ATV, which is motorized and can go where any car can go, needs no license to drive one. A 3-year old breaks no laws driving an ATV, except the laws of nature, if a child that young is too small to physically control it.
And for a fact, a rider on a horse can go anywhere a car can go and never needs a driver's license to do it. Same thing with a bicycle, a skateboard, a mule, or any other non-motorized conveyance.
A cart hitched to the horse apparently changes that. But does a cart hitched to a bicycle?
Last edited by banjomike; 09-22-2018 at 05:26 AM..
The different state plates are so that we can identify snowbirds when they drive erratically.
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