Drivers licenses are used as a guilty plea and a signed confession of guilt. Police are given warden authority; rather than peace officer authority over drivers. The confiscation by the State of the Vehicle Identification Number, New Vehicle Identification Statement (NVIS) or Manufacturers Certificate of Origin(MCO) of all automobiles sold at the dealer level, and the registration by the State of an automobile gives it the status of a legal entity, thus making the owner a ward of the Crown as a confessed criminal (license holder), with the privilege of possession of that automobile. No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution. 16 Am.Jur. (2nd), Const. Law, Sect.70. Since no notice is given to people applying for drivers (or other) licenses that they have a perfect right to use the roads without any permission, and that they surrender valuable rights by taking on the regulation system of licensure, the state has committed a massive construction fraud. This occurs when any person is told that they must have a license in order to use the public roads and highways. The license, being a legal contract under which the state is empowered with policing powers is only valid when the licensee takes on the burdens of the contract and bargains away his or her rights knowingly, intentionally, and voluntarily. (Otherwise the Contract, which is the License, is VOID, INVALID) Few know that the drivers license is a contract without which the police are powerless to regulate the peoples actions or activities. The courts are not bound by mere form, nor are they to be misled by mere pretenses. They are at liberty indeed they are under a solemn duty to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purported to have been enacted to protect...the public safety, has no real or substantial relation to those objects or is a palpable invasion of Rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the Constitution. Mulger vs. Kansas, 123 US 623, 661. It is the duty of the courts to be watchful for the Constitutional rights of the citizen and against any stealthy encroachments thereon. Boyd vs. United States, 116 US 616. Constitutional Rights cannot be denied simply because of hostility to their assertions and exercise; vindication of conceded Constitutional Rights cannot be made dependent upon any theory that it is less expensive to deny them than to afford them. Watson vs. Memphis, 375 US 526. Therefore, the Courts decision in the instant case must be made without the issue of cost to the state being taken into consideration, as that issue is irrelevant. The state cannot lose money that it never had a right to demand from the Sovereign People. Finally, we come to the issue of public policy. It could be argued that the licensing scheme of all persons is a matter of public policy. However, if this argument is used, it too must fail, as:
Posted on: Thu, 13 Mar 2014 05:50:25 +0000
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