This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
However, traveling does not equate to driving. In the Constitution's view, travel refers to moving freely between states, not the unlicensed operation of a vehicle. This point was strongly reinforced in Saenz v. Roe (1999), rejecting the belief in an absolute, unrestricted freedom.
“The right of a 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 a common right which he has under his right to life, liberty and the pursuit ofhappiness.
It's a little more complex than that. The Supreme Court has ruled that there is a fundamental right to travel between the states, and you do not need a drivers license to do so.
Article IV, Section 2, Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The constitutional right to interstate travel is considered a fundamental right. But it is also an unenumerated right, meaning it is not explicitly stated in the Constitution. Instead, the Supreme Court established the right to travel based on its interpretation of several constitutional provisions.
A: If you're going to operate a motor vehicle on public roads, you need a license, insurance and vehicle registration. You have a right to travel, but doing it in a motor vehicle on public roads is a privilege and the government regulates that.
If you are driving, then you always need to carry a driver's license while operating a vehicle. Therefore, if you are moving between states by driving, you will need to have your license. However, the driver's license is not necessary to the right to travel.
Is it constitutional for the government to require a license to drive? There's nothing in the US Constitution giving the Federal government any right to license drivers.
357 U. S. 117-130. (a) The right to travel is a part of the "liberty" of which a citizen cannot be deprived without due process of law under the Fifth Amendment. Pp. 357 U. S. 125-127.