Our Sworn Duty

OUR SWORN DUTY.

U.S. COURT DECISIONS CONFIRM "DRIVING A MOTOR VEHICLE" IS A CITIZENS RIGHT AND NOT A GOVERNMENT GRANTED PRIVILEGE.

For many years law enforcement Professionals within the criminal justice System have illegally acted upon the (willful ignorance) belief that traveling by motor vehicle upon the roadway is a privilege that is granted to an Individual only after approval by their respective state government in the form of the issuance of a permit or license.

Legislators, police officers and court officials are becoming (should have been) aware (Ignorance of the rights of the people is no excuse, willful oversight of said rights from any/all officials/Civil servants is a crime) that there are court decisions that prove the erroneous legal opinion that" driving is a privilege and therefore requires government approval, i.e. a license".

legally you are traveling not driving However, just because you have a right to do something (in this case the right to travel), does not mean you will never be hassled, intimidated, charged or even temporarily thrown in prison or detained by civil servants or the court.

Constitutional Rights must be constantly asserted and defended, especially in the face of growing willful ignorance of the constitutional rights granted to the people by the states and federal government agencies, meaning we the people need to be prepared to defend ourselves. "Liberty is not for the faint of heart but established by the sacrifices of those who act", but such is the price paid by those who defend her. (Liberty).

You’re Automobile (private Property)

A Private automobile is not required by any law, code or statute to be recorded (registered). Any recording (pledge) of your Private automobile and/or property to any agency are strictly voluntary.

Any record/contract you or a Dealership (title Corporation) has done was a fraudulently conveyed act as the recording agency/automobile Dealer or erroneously presumed justification told you that you must record your Private Property. The voluntary pledge that was done without just compensation is usually done through fraud, deceit, coercion and withholding of facts (truth), which can only be construed as fraud and unjust enrichment by any agency as well as a willful malicious act to unjustly enrich the recording agency and its public servants.

“Men are endowed by their Creator with certain unalienable rights, -‘life, liberty, and the pursuit of happiness;’ and to ‘secure,’ not grant or create, these rights, governments are instituted. That property which a man has honestly acquired he retains full control of, subject to these limitations: first, that he shall not use it to his neighbor’s injury, and that does not mean that he must use it for his neighbor’s benefit: second, that if he devotes it to a public use, he gives to the public a right to control that use; and third, that whenever the public needs require, the public may take it upon payment of due compensation.” Budd v. People of State of New York, 143U.S. 517 (1892).

Some of these cases are:

Case # 1 - "Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience. - Chicago Motor Coach v Chicago 169 NE 22

("Regulated" here means traffic safety enforcement, stop lights, signs, etc. NOT a privilege that requires permission i.e.- licensing, mandatory insurance, vehicle registration, etc.)

Case # 2 - "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness."- Thompson v Smith 154 SE 579.

It could not be stated more conclusively that Citizens of the states have a right to travel, without approval or restriction (license), and that this right is protected under the U.S. Constitution.

Case # 3 - "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." - Kent v Dulles, 357 U.S. 116, 125.

Case # 4 - "Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal Liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the l4th Amendment and by other provisions of the Constitution." - Schactman v Dulles, 96 App D.C. 287, 293.

FUNDAMENTAL RIGHT

As hard as it is for those in Law enforcement to believe, there is no room for speculation in these court decisions. 

The American citizen does indeed have the inalienable right to use the roadways unrestricted in any manner as long as they are not damaging or violating property or rights of another.

Government, in requiring the people to file for "drivers licenses, vehicle registrations, mandatory insurance, and demanding they stop for vehicle inspections, DUI/DWI roadblocks etc. without question, are "restricting", and therefore violating, the Peoples common law right to travel.

This means that the presumed laws our state legislators, the courts, and those involved in the law enforcement profession have acted erroneously upon for years have been in error and/or willful ignorance.

Actual facts state that U.S. case law is overwhelming in determining that - to restrict, in any fashion, the movement of the individual American in the free exercise of their right to travel upon the roadways, (excluding "commerce" which the state Legislatures are correct in regulating), is a serious breach of those freedoms secured by the U.S. Constitution.

OUR SWORN DUTY

An area of serious consideration for every police officer, is to understand that the most important law in our land he/she has taken an oath to protect, defend, AND ENFORCE, is not state laws, nor city or county ordinances, but, that law that supersede all other laws in our nation, - the U.S. Constitution. If laws in a particular police officer's state, or local community are in conflict with the SUPREME LAW of our nation, there Is no question that the officer's duty is to "uphold the U.S. Constitution."

"THE CLAlM AND EXERCISE OF A CONSTITUTIONAL RlGHT CANNOT BE CONVERTED INTO A CRIME." - Miller v U.S., 230 F 2d 486. 489.

By Mark T Varricchio