Legal Question in Constitutional Law in California

IS IT Legal for me to drive with out a CDL as the right to travel in my personal mode of transportation of my choosing as the Constitution of the UNITED STATES SAYS? I do have full coverage insurance and I can go get a CDL if I wanted to, but i do NOT want to GIVE UP MY BORN RIGHT AND GET THEIR SO CALLED PRVLDGE TO DRIVE AND BECOME UNDER THE RULE OF LAW!


Asked on 1/01/20, 11:21 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

No it is not legal. Your argument is old and has been rejected by dozens of courts, including the US Supreme Court since 1916. https://www.law.cornell.edu/supremecourt/text/242/160 Put simply, there is no constitutional right to travel in your own personal mode of transportation of your choosing. You may think the Constitution says that, but it does not. The right to interstate travel is not a right to travel any way you want without conditions or regulations. You don't have a constitutional right to drive a tank on public roads. You don't have a right to j-walk. You don't have a right to ride a bicycle on a freeway.

You don't have a constitutional right to board an airplane without a TSA search. And you don't have a right to drive a car without a license, registration and insurance.

If you want more detail, the most recent case out of CA on this subject can be found here. Hopefully it will clarify things for you. https://caselaw.findlaw.com/us-9th-circuit/1054787.html

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Answered on 1/06/20, 1:24 pm


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