SPEED LIMITS VIOLATE THE CONSTITUTIONAL "RIGHT TO TRAVEL"
We as American "People" have the right to travel, we have the right to travel in a motor vehicle, foot, horse, Our right to travel may not be taxed, fined, or limited.
Most people have heard of some of our constitutional rights, the right to freedom of speech, press, religion, vote, etc. But there is a also a lesser known right, but EQUAL in the eyes of the law to those we know, the constitutional "right to travel."
Americans' "freedom to travel throughout the United States has long been recognized as a basic right under the Constitution," according to multiple cases including 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 case of United States v Guest, 383 US 745; 86 S Ct 1170; 16 L Ed 2d 239 (1968), a case involving criminally prosecuting people for obstructing the right (obstruction is a federal crime pursuant to federal criminal law 18 USC § 241).
The Supreme Court in Guest says of the "right to travel" that "Its explicit recognition as one of the federal rights protected by what is now 18 USC § 241 goes back at least as far as 1904. United States v Moore, 129 F 630, 633 [Circ Ct ND Ala, 1904]. We reaffirm it now." As we see, the Michigan Supreme Court had already recognized it in 1889, and Crandall v Nevada had alluded to the concept in 1867. The earliest known case working towards developing the concept was Smith v Turner, 48 US 283 (1849) (a case sometimes cited in precedents as the "Passenger Cases," it involving quarantining them).
The orginal Constitution protects our "liberty." Courts often cite the Fourteenth Amendment as specifically protecting our liberty. 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 activity, including but not limited to the opportunity to make a wide range of personal decisions concerning one's life, family, and private pursuits. See Meyer v Nebraska, 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, family, private pursuits is obviously driving.
The problem being addressed here is that malicious politicians, pandering to base motives or special interests, have repeatedly assaulted and violated our "right to travel." Numerous cases uphold the constitutional "right to travel."
To avoid getting into the situation of "use it or lose it," let's review a number of them.
The "right to travel" is general. This paper is aiming at fabricated numbers imparing the "right to travel." We must start the numbers analysis in this context, therefore, at a tangent. Let's look at "easy" precedents wherein politicians had invented a number, in these cases, a number involving number of years one must be a resident to vote or hold elective office. Courts have been quite alert to fabricated numbers obstructing these rights. Let's look at a few such cases.
The case of Green v McKeon, 468 F2d 883 (CA 6, 1972), rejected inventing a number. The City of Plymouth, Michigan, invented the number “two” as the mandatory minimum of years a person must live in the City before being allowed to run for elective office. It cited the above-referenced Supreme Court decision on “the exercise of the basic constitutional right to travel,” Dunn v Blumstein, 405 US 330; 92 S Ct 995; 31 L Ed 2d 274 (1974). The pretext of the invented number was that that much time was needed “to become familiar with the local form of government and the problems peculiar to the municipality.” It reminded the malicious number-inventing-inventing politicians of the Dunn decision words, “Statutes affecting constitutional rights must be drawn with ‘precision,’ . . . and must be ‘tailored’ to serve their legitimate objectives.” The court pointed out that the arbitrary invented number “two” “permits a two year resident . . . to hold public office regardless of his lack of knowledge” while it “excludes more recent arrivals who have had experience in local government elsewhere or who have made diligent efforts to become well acquainted with the municipality.”’ So the court agreed with the lower court decision, 335 F Supp 630, in sricking down the politicians’ pretext for the invented number “two,” concluding that the invented number “two” “is too broad for the achievement of [the politicians’ professed] objective.”
The case of Tennesse Governor Dunn v Law Professor James Blumstein, 405 US 330; 92 S Ct 995; 31 L Ed 2d 274 (1974). Blumstein was a newly appointed law professor. He wanted to vote. Tennessee politicians said, No, we have invented a one year state and 90 day county residency rule, to prove you know what you are doing. He offered to show he was competent. The politicians said no! the courts fortunately struck down the nonsense fabricated numbers. Amazingly, the professor offered the state the opportunity to test him to verify his competence, and the politicians refused. This parallels speeding situations; speeders typically offer to show that theyw ere in fact driving safely, and politicians typically refuse to consider that offer. (If you have such a case, include in your presentation an offer to show you were driving safely.) The offer will help show that the speed limit is malicious, intended for evil, not for a safety purpose, hence obviously unconstitutional.
The case of Bolanowski v Raich, 330 F Supp 724 (ED Mich, 1971), rejected inventing a number. The City of Warren, Michigan, invented the number “three” as the mandatory minimum of years a person must live in the City before being allowed to run for the office of Mayor. The pretext of the invented number was that that much time was needed “to understand the local problems, know the people of the community and [foster awareness of his] reputation and character.” Bolanowski said the invented number “is not finely enough tailored to serve the purpose claimed.” The Court agreed. It struck down the invented number as unconstitutional. It pointed out that some lifelong residents can have never been “taking any interest whatsoever in municipal problems,” whereas others, short-time, can have “gathered sufficient information to be able to have a good understanding.”
Likewise with speed limits, higher speeds can promote safety, while lower speeds can actually involve an increased death rate. Experience with the recently increased speed limits has shown this exact effect to be occurring. This confirms the inherent unconstitutionality of speed limits, not “finely tailored” to achieve the purported purpose. As they do not achieve the stated purpose, and cannot, they are inherently (meaning, always) unconstitutional.
Other court precedents also strike down invented numbers. (If this list of case gets burdensome, remember, the reason is that there have been a lot of malicious politicians with base motives, who passed the laws, that those on the receiving end of politicians' malice, had to defend us all from: More anti-fabricated number cases: Shapiro v Thompson, 394 US 618; 89 S Ct 1322; 22 L Ed 2d 600 (1969) (public assistance benefits); King v New Rochelle Municipal Housing Authority, 442 F2d 646 (CA 2) cert den 404 US 863; 92 S Ct 113; 30 L Ed 2d 107 (1971) (public housing); Keenan v Board of Law Examiners, 317 F Supp 1350 (ED NC, 1970) (3-judge court, issue of admission to the bar); Vaughan v Bower, 313 F Supp 37 (Arizona, 3-judge court) aff'd mem 400 US 884; 91 S Ct 139; 27 L Ed 2d 129 (1970) (medical aid). Politicians with base motives often like to attack the "right to travel," people who are poor and need welfare benefits, housing benefits, or medical help. Attacking the "right to travel" via invented, fabricated "speed limits" is just another aspect of base motives of politicians.
Shapiro v Thompson, 394 US 618 (1969), establishes that laws that interfere with "fundamental rights" are "suspect" and demand "close scrutiny" by courts. Laws cannot simply be passed on whimsy, but there must be a "compelling state interest." Any law that would "chill" exercising a right is "patently unconstitutional." It is a well-established right of the people "to be free to travel throughout the length and breadth of our land uninhibited by statutes, rules, or regulations which unreasonably burden or restrain this movement."
Here's an example of how the traffic code, via its speed limits, or other unscientific commands, can kill you. The doctor is rushing to the hospital to aid a patient in desperate need of TIMELY medical attention. The doctor is speeding, not stopping for unscientific traffic control devices' demands. Yet, the "universal malice" speed limit, traffic sign, wants him to aid in killing the patient, by going slow, or even stopping, no traffic coming!. Police (in a "universal malice" act) will stop him, obstruct him (the doctor) from helping the patient, let's say it is you. And you die--thanks to the unconstitutional traffic control devices.
Or, two people are together. One is severely cut, bleeding badly, needs TIMELY medical aid. Minutes, seconds, count. Your friend speeds, doesn't stop unnecessarily at unscientific stop signs, to save your life. But some self-righteous, malicious, traffic-law enforcer in a universal malice" act, stops your friend, and you bleed to death.
Political fabricated speed limits, stop signs, unscientific traffic control devices, can, and do, kill, "universal malice" style.
"If you drive 100% legally you statistically increase your chances of getting in or causing an accident."
In effect, as per the Supreme Court decision in the case of Crandall v Nevada, 73 US 35; 18 L Ed (1867), speed limits and other traffic control devices, being non-fact-based, are simply an unlawful tax or impost on travel, and thus unconstitutional for the reason cited in Crandall. (Crandall involved a tax on travelers! which is what in essence speed limits, unscientific stop signs, etc., simply are, stripped of all the phony fraudulent politician folderol pretending them to relate somehow to safety, not to mention that are extortion violating the federal anti-racketeering act (RICO), 18 USC § 1961 and the law against obstructing federal rights, 18 USC § 241).
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