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View Diary: What If There Was A Constitutional "Right to Drive" for Motor Vehicles? (44 comments)

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  •  The analogy is closer than you probably knew (3+ / 0-)
    Recommended by:
    Smoh, cassandracarolina, Sirenus

    The courts recognize a fundamental human right to free travel.

    This right is consistent with regulating specific modes of travel.

    •  there's a right to move interstate. (1+ / 0-)
      Recommended by:
      ExStr8

      that means Kentucky can't levy a penalty on moving out of state; it doesn't mean they can't regulate the use of vehicles on public roads.

    •  even closer than you think (0+ / 0-)

      moving freely could be constrained just as searches become more intrusive

      Aug 5, 2009 – An Oregon congressman says he wants to test having a government GPS unit in every car so a tax could be imposed on the miles driven
      01.23.12 The Supreme Court said Monday that law enforcement authorities might need a probable-cause warrant from a judge to affix a GPS device to a vehicle and monitor its every move — but the justices did not say that a warrant was needed in all cases. The convoluted decision (.pdf) in what is arguably the biggest Fourth Amendment case in the computer age, rejected the Obama administration’s position that attaching a GPS device to a vehicle was not a search. The government had told the high court that it could even affix GPS devices on the vehicles of all members of the Supreme Court, without a warrant. “We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search,’” Justice Antonin Scalia wrote for the five-justice majority. The majority declined to say whether that search was unreasonable and required a warrant.

      yksitoista ulotteinen presidentin shakki. / tappaa kaikki natsit "Nous sommes un groupuscule" (-9.50; -7.03) 政治委员, 政委‽ Warning - some snark above ‽

      by annieli on Sun Dec 23, 2012 at 09:41:59 AM PST

      [ Parent ]

      •  I'm not making the argument that the government (0+ / 0-)

        has the right to regulate every aspect of driving.

        Let's not start sounding like the NRA "Any regulation is too much regulaton!"

        Freedom has two enemies: Those who want to control everyone around them...and those who feel no need to control themselves.

        by Sirenus on Sun Dec 23, 2012 at 11:08:49 AM PST

        [ Parent ]

        •  you weren't and I wasn't /nt (0+ / 0-)

          yksitoista ulotteinen presidentin shakki. / tappaa kaikki natsit "Nous sommes un groupuscule" (-9.50; -7.03) 政治委员, 政委‽ Warning - some snark above ‽

          by annieli on Sun Dec 23, 2012 at 11:58:47 AM PST

          [ Parent ]

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