Quote:
Originally Posted by Shadywood
Perhaps we should check the contract, since you seem to be unfamiliar with the concept of un-enumerated rights:
Amendment#9:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Amendment #10:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The Constitution is not a list of rights. It is a list of prohibitions against government, with a few specific examples of our most important rights that government is specifically forbidden from messing with. EVERY power not specifically delegated to government is retained as a right of the people.
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The Supreme Court has ruled on a number of occasions that all RIGHTS can be limited by the Government.
The supreme court has determined that there are "Fundamental rights", which have a higher bar of requirements for the government to limit them. These include the right to bear arms, freedom of speech, etc.
You have a right to do anything you want to do as long as it is not limited or restricted by the government. The limits to those rights are call laws.
Laws are what limit or restrict rights. Laws are more limited when they restrict fundamental rights.
Driving is not on the list of fundamental rights. So, driving is a "right" you can do only as long as there is no law against it.
The Supreme Court has ruled that you have a fundamental right to travel on public roads. They have not ruled you have a right to drive on public roads. Therefore your "right" to drive extends only as far as state law permits.
So, you are right to the point that it is true you have the right to do anything you want to do - you are wrong in that does not mean it can not be regulated. Since driving has not been determined to be a fundamental right, there are virtually no limits on how the state can restrict or regulate driving.
That is why it is called a privilege because you can do it with permission. An illegal driver is someone that violates the rules/laws concerning driving. Driving without a license is illegal. Driving while intoxicated is illegal.
So, yes, you can drive without a license, but, the States can pass virtually ANY law restricting that "right", up to and including putting you in jail when you drive without a license. Many states have laws about driving without a license that limits the punishment to fines.