Ok, yeah I'm new...and a nancy boy.

[Dutch Uncle]

imported post

hugh jarmis wrote:

“The right to operate a motor vehicle upon the public streets and highways is not a mere privilege. It is a right or liberty, the enjoyment of which is protected by the guarantees of the federal and state constitutions.” Adams v. City of Pocate//o, 416 P. 2d 46, 48; 91 Idaho 99 (1966).

“The right of a citizen to travel upon the public highways includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. The rights aforesaid, being fundamental, are constitutional rights.” Teche Lines v. Dan forth, 12 So. 2d 784, 787 (Miss.—1943). See also: Thompson v. Smith, supra.

Hugh,
Thanks for the cites; I was totally unaware of these precedents. The boundaries between rights and privileges are somewhat fluid, but if enough people can assert a right, it will usually become recognized. I'd like to see that happening to CC, but it will take some time. Traditionally, the states have asserted they could control the manner in which firearms could be carried, and many constitutions say that. Changing constitutions is slow, difficult work, but not impossible.

Jim