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14th Amendment Agreement With Travel Without License In San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-000280
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FAQ
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.
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.
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.
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 US Supreme Court did not rule that you do not need a state issued driver license to operate a motor vehicle on a public road. You do. If you drive any kind of motorized vehicle on a public road anywhere in the United States, you must have a valid driver license.
(b) The right to travel embraces three different components: the right to enter and leave another State; the right to be treated as a welcome visitor while temporarily present in another State; and, for those travelers who elect to become permanent residents, the right to be treated like other citizens of that State.
