The Right to Travel
___________________________________________________________
THE RIGHT TO TRAVEL
DECEMBER 2009
___________________________________________________________
All personal property is the product of some man's labor, and whether the owner
has acquired it by his own labor, by inheritance or by exchange, his interest is a
vested right of the most unlimited character. He does not hold it by any favor of
the state, and in consequence of his possession of it he has assumed no peculiar
obligation to the state. He has the right, therefore, to acquire it in any manner
that he pleases, provided in so doing he does not interfere with or threaten the
rights of others. Footnote: The term "personal property," it must be observed, is used in this
connection in the sense of chattels personal, including movable property of all kinds, ...
Christopher Gustavus Tiedeman
The less than penurious authorities cited throughout this writing,
though seemingly redundant, are not attendant of an obstreperous
mentality; yet are instead meant to emphatically impress the all but
forgotten law and the expression of our Rights to the free and
unobstructed use of the highways. This information is not intended
to belay comity, scruples, respect, consideration or empathy for fellow
travelers or abate or avoid law or policy where and when applicable.
CREDITS--------RESOURCES
American Juris Prudence (1st)
American Juris Prudence 2d
American Law Review
Attorney General Opinion 61-62 No. 46, Washington
Attorney General Opinion 96-57, Florida
Attorney General Opinion 96-045, Ohio
Author unknown-World Wide Web Internet source
Author unknown-World Wide Web Internet source
Ballentines Law Dictionary
Ballinger' code-Washington
Black's Law Dictionary
Blackstone's Commentary
Bouvier's Law Dictionary
Century Dictionary
Chamberlaynes Modern Law of Evidence
Code of Federal Regulation
Cooley on Taxation, 3d Ed.
Constitution of the State of Washington
Constitution of the United States of America
Corpus Juris Secundum
Driver Licensing Law Annotated, 1980
Epstein¡¯s, Casenote-Legal Briefs/Torts
Federal Administrative Procedure Source Book, 4th Ed.
Freund, Police Power
Georgia State University College of Law
Hare, on Constitution
Hill' code-Washington
Huddy On Automobiles 6th Ed.
Huddy Automobile Law 9th Ed.
John MacArthur McGuire, Harvard Legal Essays
Judicial and Statutory Definitions of Words and Phrases,Vol 8
Judicial rulings and opinions (miscellaneous, contained herein)
Merriam Webster Ninth Collegiate Dictionary
Michigan Law Review
Pierce' code-Washington
Remington' code-Washington
Revised Code of Washington
State Control of Trade and Commerce-By National or State Authority, by Albert Stickney
State of Washington, Department of Licensing
Statutes in Courts-The History and Theory of Statutory Interpretation; by William D. Popkin
The Law Applied To Motor Vehicles, Babbitt
The Legal Nature of a Driver's License, by John H. Reese
Transportation Law Journal
Treatise on the Limitations of Police Power in the United States; by Christopher G. Tiedeman
Uniform Commercial Code
Uniform Vehicle Code and Model Traffic Ordinance
United States Code
U.S. Dept. of Transportation, National Highway Traffic Safety Administration
Washington Administrative Code
Washington Court Rules-State
Washington State Legislature
Washington Uniform Court Docket
Webster's Unified Dictionary and Encyclopedia International Illustrated Edition
Yale Law Journal
TABLE OF CONTENTS
Definitions.
A list of dictionary and statute definitions.
p. 5
Right to Travel, Freedom of Movement,
Methods and Modes of Locomotion,
Use of Streets and Highways.
A break down explanation of common law authority
Supporting the Right to use the roadways.
p. 9
Police Authority.
Just what and how much authority do the police
really have concerning common law travel.
p. 37
Due Process, Void for Vagueness.
The requirements of Notice, and when notice fails.
p. 46
Federal Preemption.
Which laws have superior authority,
and which ones take a back seat.
p. 55
Municipal Regulation.
Which laws have superior authority,
and which ones take a back seat.
p. 60
The Whole Act Rule,
and 'expressio unius est exclusio alterius'.
What the statutes don¡¯t tell, could hurt.
What judges and attorneys won¡¯t tell.
p. 66
Statute History.
It didn¡¯t all begin with the statute laws of the state.
p. 78
Taxation.
What the annual vehicle tab costs really pay for.
p. 93
Constitutional (charter) Authority,
Understanding the Contract.
Where the state gets authority to demand license plates
and a driver license.
p. 99
Driving.
Are you really driving, and did you know?
Ignorance of the law is no excuse.
p. 110
Licensing.
What license plates and drivers license really means.
p. 121
Anatomy of a Traffic Infraction.
Why drivers never win in court.
p. 140
Tort Liability.
If the state doesn¡¯t have authority,
will the police force you against your consent?
p. 145
Public Disclosure
Definitely maybe positively almost certainly kind of
an admission from the state.
p. 157
Because she lived through the assaults and insults from many cops,
in the name of the law;
She has lost many days in jail and had many vehicles stolen from her,
in the name of the law;
She has lost jobs and been subject to stressful community humiliation,
in the name of the law;
THIS WORK IS DEDICATED TO MY DAUGHTER, ECHO;
NOW WE KNOW THE TRUTH
All thanks and appreciation to friends and family
who helped prepare and edit this writing.
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