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. 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. Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal Iiberty, 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. The case of Hertado v. California, 110 U.S. 516. states very plainly: The State cannot diminish rights of the people. the assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice.- Davis v. Wechsler, 263 U.S. 22, 24. The claim and exercise of a constitutional right cannot be converted into a crime.· - Miller v. U.S., 230 F 2d 486, 489. There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights.- Sherar v. Cullen, 481 F. 945. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;..shall be the supreme Law of the Land; and the judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not withstanding. ARTICLE 6 U.S. Constitution.
Posted on: Fri, 21 Mar 2014 17:48:30 +0000
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