A couple weeks ago Say Uncle raised a question on whether driving was a “right” or a “privilege.” A few days prior to that, the right/privilege distinction had been raised in my mind when I read this quote, courtesy of Condoleezza Rice:
The US National Security Adviser seemed confident that the Bush trip will go well and insisted that Bush and Blair still share the same vision. ‘Look, we are realistic,’ she said. ‘We know that people will spend a lot of time reporting the protest. That is fine. Protests are a part of our democratic heritage and our democratic privilege.’
Protesting–a privilege? What about that Bill of Rights thing?
This may seem like semantical nitpicking, but there is a notable difference between a right and a privilege. Black’s Law Dictionary defines the terms as follows:
RIGHT: “Rights are defined generally as ‘powers of free action.’ And the primal rights pertaining to men are enjoyed by human beings purely as such, being grounded in personality, and existing antecedently to their recognition by positive law.”
PRIVILEGE: “A particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption. A peculiar right, advantage, exemption, power, franchise, or immunity held by a person or class, not generally possessed by others.”
So are protesting and driving rights or privileges?
The First Amendment clearly addresses the first question:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
While government can put reasonable limitations on the manner we protest, we don’t need Dr. Rice or anyone else in the Bush administration to give us permission to protest.
As for the second, courts also consider freedom to travel to be a right. However, the verdict appears to be mixed on whether the freedom to drive is a right or not. I’m frankly not sure how to categorize it.
It’s important to be vigilant on how those in power attempt to define our rights. For, as Benjamin Franklin said, “It is the first responsibility of any citizen to question authority.”
I’m not sure, but I think it has its origins in how cars were introduced. When cars first came along, the vast majority of Americans still travelled, locally, by horse and/or carriage. Cars were for the rich and adventurous, even after Ford. Horses were easily spooked by cars and so there was seen a need to “control” their danger, and rein in drivers, so to speak. Also, I’m sure some enterprising government souls saw the tax potential. Horses weren’t taxed or licensed, nor carriages I don’t think, but were pervasive on roads and streets. Cars were new and dangerous, hence the “privilege.”
The difference between a right and a privilege as it pertains to operating an Automobile is in the details. By obtaining a Drivers License and simply signing it, you are relinquishing your rights to the state.At that moment driving for your personal business or pleasure becomes a privilege granted by the state. You have signed a contract and by not reserving your rights under the Common Law you have agreed to abide by all of the rules regulations and codes attatched to said contract. At any time one can assert rservation of all common law rights by simply submitting an Affidavit to DMV stating that you will not be compelled to act under any contract that you did not enter into willingly or knowingly, and will not relinquish any of your common law rights. Look at the Uniform Commercial Code 1-207 then find the 14th amendment to the constitution, and study your heads off. You will be astounded at what you find out
Driving is not a right. You must acquire a legal license to drive, and even having such a license is not a right either. You are free to travel (unless under restraint of course) but that freedom does not specify by which forms you may travel. It’s like owning a gun. You have a right to own a pistol, but not to own a howitzer. Travel all you want, but you must have an accredited license or permit to drive. Driving is a privilege.