“A state cannot impose restrictions on the acceptance of a license that will deprive the licensee of his constitutional rights”. Ruckenbrod v. Mullins, 102 Utah 548, 133 P.2d. 325, 144 ALR 839 There can be no sanction or penalty imposed upon one because of the exercise of a constitutional right. Sherar v. Cullen, 481 F. 945 (9th Cir. 1973) Spevack v. Klein, 385 U.S. 511 (1967) GARRITY v. NEW JERSEY, 385 U.S. 493 (1967) BOYD v. U S, 116 U.S. 616 (1886) MALLOY v. HOGAN, 378 U.S. 1 (1964) . “No state shall convert a liberty into a privilege, license it, and attach a fee to it.” Murdock v. Penn., 319 US 105 . “A writing is ‘void ab initio’ in the case of fraud in the inception, and it need not be formally rescinded as a prerequisite to right of avoidance”. Bonacci v. Massachusetts Bonding Ins. Co., (1943) 58 CA 2d 657,664. . When a citizen is attempting to enforce the Constitution, as herein shown, he is doing so not for himself alone but also [for others] as a private attorney general vindicating a policy that [the Constitution writers] considered of the highest priority. Newman v Piggie Park Enterprises, 390 US 400; 88 S Ct 964, 966; 19 L Ed 2d 1263, 1265 (1969); Oatis v Crown Zellerbach Corp, 398 F2d 496, 499 (CA 5, 1968); and Jenkins v United Gas Corp, 400 F2d 28, 33 n 10 (CA 5, 1968). An administrative regulation, of course, is not a statute. U.S. v Mersky (1960) 361 U.S. 431 Statutes must be known: Vagueness of wording is aggravated by prolixity and profusion of statutes, regulations, and administrative machinery, and by manifold cross-references to interrelated enactments and rules, Keyishian v Board of Regents of U. of St. of N. Y., 385 US 603, 604; 87 S Ct 675, 684; 17 L Ed 2d 629 (1967).
Posted on: Mon, 19 Jan 2015 02:05:25 +0000
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