Are you required by the Constitution to have a driver's license in order to drive on public roads?

Question

I have wondered before if you really need the approval/permission of the government/state in order to drive a privately owned vehicle on public roadways. I have found several references both in Supreme Court rulings and in the Constitution itself that agree private travel-including driving is a right that cannot be prohibited or under state approval.

"The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.

"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 law 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 Fifth Amendment." Kent v. Dulles, 357 US 116, 125.

"The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.

"The state cannot diminish rights of the people." Hertado v. California, 110 US 516

"Statutes that violate the plain and obvious principles of common right and common reason are null and void." Bennett v. Boggs, 1 Baldw 60 U.S. Supreme Court

There are a ton more but that'll suffice for now.

Any thoughts??

FYI I was looking into this because I will not hold a National ID Card and am hoping I will still be able to drive =)

Answer 1

There seems to be a lot of misinformed posters here.

Please read the following, it should clear up the issue, the one thing to note is that most people give up their rights unknowingly.

http://www.land.netonecom.net/tlp/ref/ri...

edit: Mutt, no you do not need a drivers license, ask any one in an agriculture related industry.

Answer 2

No.  Driver's licenses are determined by each state.

Answer 3

No court has EVER thrown out a conviction for driving with out a license based on constitutional grounds. While your sounds bites are nice, they are taken WAY out of context.

The state has the right to regulate it's roadways.

Answer 4

The Constitution is a forgotten memory , anyway, if congress wants to overide the constitution,  all they have to do is make a new law.

Answer 5

the constitution was written before cars were even invented. you are required by law to beable to have a license to drive. if you get pulled over your car will get impounded

Answer 6

It is not based on constitutional  law, but it is a law required by each state

There may also be some federal law.  Not all laws are in the constitution.

Answer 7

Driving is a privilege not a right!

Answer 8

This question gets asked and asked and asked here.  There are also many many many court opionions that have addressed what you have asked.  The Constitution does not address flying planes without a license or hacking into someone's computer.  Doesn't mean you can though.  The Constitution is a guideline that is continually interpreted by the Supreme Court.

You have a legal right to drive.  On the cases you list, you gloss over statements the court makes like may not prohibit AT WILL or WITHOUT DUE PROCESS.  State and federal government cannot deprive you of the right to drive "just becase".  They can, however, enact laws that protect the rights of every driver on the road - like making sure a 5 year old isn't behind the wheel, or that someone who is legally blind is not behind the wheel, or requiring licenses and registrations so that if you are in an accident there is a way for you to seek reimbursement, to put up toll booths to pay for road construction, to ensure that cars being driven have passed inspection so that wheels don't come flying off cars, to put up traffic signals so there is order to traffic flow, etc.

As you present in Boggs - "statutes that violate.....common right and common reason are null and void".  It is obviously common right and common reason to set up a system to regulate traffic and drivers.  It is not a violation of this right to require that you stop at stop signs, drive at reasonable speeds, lose your license for driving while intoxicated, etc.  If states did not require this, other people on the road would be deprived of "life liberty and the pursuit of happiness".

Answer 9

Driving is a privelege, not a right

Answer 10

State law dictates that you need a drivers license.  That is why they are given by the state and not nationally.  I think these items you have found are judgments in specific cases.  I would read the state law where you live to determine whether or not you think you should drive without a DL.  Then try that argument on the cop that pulls you over and arrests or tickets you for driving with no license.  

Answer 11

Practically, you're going to need a driver's license.

The legality of it is because that although you are allowed to drive, there are certain requirements.  Chief among these is the fact that you need to know how to drive.  It's hard to refute that cars are dangerous, and they're essentially heavy machinery.  I fully advocate, and would be hard pressed to find someone who didn't, having tests (and documentation of these test) to prove someone isn't a public menace.

So even if the courts call it a right, I doubt any of them would waive the concept of tests, and documentation of tests.

Answer 12

"FYI I was looking into this because I will not hold a National ID Card"

There is no such thing as a National ID card, and nor are there any plans or even discussions afoot to create one. You've been reading too many tinfoil hat websites.

The "Real ID" act does NOT - despite the rubbish talked about it on the conspiracy nut blogs - establish a National ID card. It merely established minimum standards that a State must meet in issuing drivers licenses in order for that drivers license to be accepted as a valid ID for Federal purposes. 46 jurisdictions already issue drivers licenses that meet the standards in Real ID, and only two do not have plans already in place to come into compliance (Moslty to do with making them harder to counterfeit)

Montana is, so far, the only State that has simply refused to meet Real ID (They will not verify the identity, or immigration status, of drivers license applicants) This does not mean that holders of Montana drivers licenses will not be able to drive, even in other States. The 'full faith and credit' clause of the Constitution will still require the other States to recognize a Montana drivers license *as a drivers license*.

The only immediate effect when Real ID is fully implemented will be that Montanans will no longer be able to use their drivers license as an ID to board an aircraft, enter a Federal building or military base, open an account at a Federally chartered bank, or for any Federal purpose.

Many car rental companies, also, have already stopped renting to people with Montana licenses unless they have another ID because the publicity about the issue has made them aware of the risks they are taking in renting a car to someone when you don't really know who he is.

Richard

Answer 13

You can quote all the court rulings you want.  At the end of the day you're still going to get a ticket and a heavy fine if you get caught.

Answer 14

The constitution does not say anything about drivers licenses, therefore by default it is left up to the states.  

Answer 15

The Constitution gives the states the ability to make, pass and enforce laws.  You do not need a license to travel on public roads, you need one to drive.

Answer 16

The Constitution does not mention driving, therefore under the 10th Amendment, it is up to the States to decide. Roads belong to the states and they can require you to have whatever you want. (Even in Colonial times, there were roads and you might notice that on the East Coast there are many "Post Roads", meaning Federal Postal Roads, during the earlier history of the U.S. most roads were toll roads and the owners could set whatever rules they wanted, such as the toll).

In order for a driver's license to be valid for boarding planes, Amtrak and such, it will need to comply with the Real ID Act, meaning it will be a national ID.

Also you already have a national ID, assuming you have a Social Security number.

Answer 17

In the interest of public safety, the government has deemed that you must pass an examination in order to operate a motor vehicle on public roadways. When you pass that exam, you are given a license to drive, so yes, you need a drivers license to legally drive in the US.

Answer 18

Yes, you do have a right to travel, and that includes to travel on the highways of this country. But, they do not say you have the right to operate a motor vehicle to do this. You can always ride with someone else or take a bus.

Operating a motor vehicle is not a right, it is a privilege. And since it is a privilege, the Constitution does not say anything about it.

*EDIT* - Outdoor Dude: The link you provided says nothing about operating a motor vehicle without a license. Yes, you can travel, but you need a license to operate a motor vehicle.

*EDIT2* - The Constitution DOES provide a "default" for the states to make laws. It's called the 10th Amendment: "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."

Answer 19

and did you know that the Constitution doesn't protect your computer from search or seizure? do you know why? because like cars, they didn't exist in 1776!

Answer 20

Try explaining that to the cop that pulls you over.