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14th Amendment Agreement With Travel Without License In Maricopa
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State:
Multi-State
County:
Maricopa
Control #:
US-000280
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FAQ
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.
There is no explicit or enumerated right to travel in the US Constitution. It is, however, considered to be a Ninth Amendment right, similar to the right to vote and the former right to abortion.
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.
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.
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.
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.
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.
While rights like freedom of speech, religion, and assembly are inherent and unalienable, driving is not on this list. It's not an inherent right, but a privilege granted by the state – a privilege that comes with rules and regulations, crucially including a driver's license and vehicle registration.
For example, Article 13 of the Universal Declaration of Human Rights asserts that: "Everyone has the right to freedom of movement and residence within the borders of each state." "Everyone has the right to leave any country, including his own, and to return to his country."