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Mandatory Auto Insurance - Constitutional or Unconstitutional

Dennis C Latham 2010/04/28 21:24:04
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Unconstitutional
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  • Barbara Hasler 2010/04/28 23:33:09
    Constitutional
    Barbara Hasler
    +10
    Driving is a priviledge not a right. In order to use the priviledge you must make provisions for the safety of others. Under the 10th amendment a state can madate auto insurance. Insurance is sold to meet each state's individual requirements. It is not transferable.

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  • gary ® 2013/04/16 18:46:04
    Constitutional
    gary ®
    SOCK ALERT!!! This user doesn't exist.
  • johnnyg 2013/04/16 17:24:43
    Unconstitutional
    johnnyg
    Don't get in an accident, you will not need insurance. Get in a minor accident PAY FOR IT!!
  • Katfish 2013/04/16 17:12:05
    Unconstitutional
    Katfish
    +1
    The roads are required in order to travel. Is travel a right?
    Others are claiming that you own a vehicle by choice...... yes but in order to travel it is mandated that the vehicle you are transported in no matter who "owns" it has insurance coverage and licensed operator. You can pay a bus, a taxi, a friend or whomever then you are contributing to the required insurance....... period. You cannot travel without contributing to the mandated insurance/license required. So travel is apparently a "right" that you must pay for.
  • SuiJuris249 2013/04/16 09:29:16
    Unconstitutional
    SuiJuris249
    +2
    They claim they can make insurance mandatory because driving is a privilege. This claim is a false claim. In fact the use of the highways is a Right.

    "The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived."

    Chicago Motor Coach vs. Chicago, 169 NE 22?1;
    Ligare vs. Chicago, 28 NE 934;
    Boon vs. Clark, 214 SSW 607;
    25 Am.Jur. (1st) Highways Sect.163

    "The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness."

    Thompson vs. Smith, 154 SE 579

    "the right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain in the running of a stagecoach or omnibus. The former is the usual and ordinary right of the Citizen, a right common to all, while the latter is special, unusual, and extraordinary."

    E...
















    They claim they can make insurance mandatory because driving is a privilege. This claim is a false claim. In fact the use of the highways is a Right.

    "The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived."

    Chicago Motor Coach vs. Chicago, 169 NE 22?1;
    Ligare vs. Chicago, 28 NE 934;
    Boon vs. Clark, 214 SSW 607;
    25 Am.Jur. (1st) Highways Sect.163

    "The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness."

    Thompson vs. Smith, 154 SE 579

    "the right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain in the running of a stagecoach or omnibus. The former is the usual and ordinary right of the Citizen, a right common to all, while the latter is special, unusual, and extraordinary."

    Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781

    "The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business."

    Thompson vs. Smith, supra.;
    Teche Lines vs. Danforth, Miss., 12 S.2d 784

    "First, it is well established law that the highways of the state are public property, and their primary and preferred use is for private purposes, and that their use for purposes of gain is special and extraordinary which, generally at least, the legislature may prohibit or condition as it sees fit."

    Stephenson vs. Rinford, 287 US 251;
    Pachard vs Banton, 264 US 140, and cases cited;
    Frost and F. Trucking Co. vs. Railroad Commission, 271 US 592;
    Railroad commission vs. Inter-City Forwarding Co., 57 SW.2d 290;
    Parlett Cooperative vs. Tidewater Lines, 164 A. 313

    Wanna know more about your right to travel in your own conveyance via the highways?
    Go here and read what the lawyers and your public servants do not want you to know.
    http://www.lawfulpath.com/ref...
    (more)
  • Pascxal Redfern 2013/03/18 16:47:35
    Unconstitutional
    Pascxal Redfern
    +2
    Clearly unconstitutional. Driving or the freedom to travel is a right not a privilege. Advocates of mandates such as auto insurance, etc., argue that licensing makes driving a privilege. According to that logic, that marriage is also a privilege since most states require a marriage license (which is also unconstitutional). Individuals who argue for mandates care little for the trifles of the constitutional but care more about police powers, distribution of wealth, and pervesely very little about poor people.
  • Sally Johnson 2012/07/17 15:38:12
  • Mark 2012/06/22 20:18:21
    Unconstitutional
    Mark
    That is right and if one must not carry the most important insurance aka health insurance then one must not be forced to carry any kind of insurance which we will soon see. In a few days, lawsuits start when Obamacare insurance is said to be unconstitutional. This will mean all other insurance forced coverages are too. States must act in a federal way too that is constitutional. That bypasses State rights. Say bye bye to malpractice if one gets hurt by a doctor or run over by a drunk driver.
  • Mark Mark 2012/06/29 14:20:50
    Mark
    USSC got my message and those of others with warn sign of constiution, State rights and how Federal law bypasses States rights on many matters like if Obamacare was struck down, all other forced insurances would be too. USSC made right move or nation would have fallen. Obama knew this because before in Senate, he was teaching constitutional law! Tricky lol He goes by Constiution only but Americans if they knew the constiution might not like it. I know it but because of medical condition, eyesight bad and typing so not sure spelling is correct here.
  • Jerry Kane 2012/05/22 20:55:30
  • Emma Cay 2012/05/03 17:23:13
  • A M Emma Cay 2012/09/01 05:35:18
    A M
    +3
    Having insurance doesn't make you any safer. The reason they mandated liability insurance was so drunk drivers could get high risk insurance. It actually made you less safe.
  • overdog001 2012/04/13 17:43:59
    Unconstitutional
    overdog001
    How about a "not sure" option? The U.S. Constitution is at federal level; I believe the laws requiring auto insurance are at state level. As far as I know (I could be wrong), there's no national law for it, and the states each have their own state law.
  • Mark Mercer 2012/04/13 13:01:03
    Constitutional
    Mark Mercer
    It is possible to 'Insure yourself' you simply set aside the liability minimum in a separate account, available to the courts. This is why it is 'Constitutional' I think...
  • Sophie 2012/04/13 08:06:52
    Unconstitutional
    Sophie
    Very simple answer.
  • Jackie 2012/04/13 03:38:30
    Constitutional
    Jackie
    Because you don't have to buy it. You do not have to have a car. Public transportation requires no insurance premium. You only have to buy insurance if you choose to own a car. And then you are only required to cover liability. Unless you buy a brand new car and the Bank makes you cover the car for the loan protection. But then again you don't have to buy a new car either. It is all choice.
  • gator dude Jackie 2012/05/03 19:39:00 (edited)
    gator dude
    +3
    Saying that driving is a priveledge and not a right is a phrase that the DMV started which is total nonsense. Everyone knows that you need a car to get a job, get food, go to the bank, and get by in life. Driving is a "necessity", not a priveledge. As far as taking the bus, it takes like 4 hours to run 1 errand, and try carrying 100 pounds of groceries 5 blocks from the bus stop. Telling people to take the bus is coming from people who never had to go without a car. Being forced to buy liability insurance in order to get by in life is unfair. Besides, a piece a paper isn't going to keep people from running people over. Safe driving is the best insurance policy.
  • Jackie gator dude 2012/09/10 02:47:10
    Jackie
    It is still not mandatory unless you have a car. Yes it is a convience to havbe a car. And that convience requires insurance. But only liability is required. Unless you don't own your car. Then the bank can require you protect their investment.

    Nothing insures your not running over people, why you need to cover the victim you create.
  • A M Jackie 2012/09/01 05:38:12
    A M
    +3
    Most people never have an accident - being forced to buy insurance is (pardon the expression) highway robbery. You are also determined to be guilty and forced to pay a fine before a crime is committed.
  • Jackie A M 2012/09/10 02:55:01
    Jackie
    If you have an accident you will be grateful for the insurance. Otherwise you will be financially destroyed. Or if you have nothing you want your victim to suffer your mistake?
    Do you not have home insurance? Even though the chances of a fire are remote. You wish to be left destitute and homeless in the event of one. And if it is a new home you will be required to continue paying for the no longer existent house. Likely never to ever be returned to your previous financial state again. Insurance is for your own protection. And in the case of an auto your victims protection.
  • ACE 2012/04/13 02:03:20
    Constitutional
    ACE
    if you drive you must have coverage. driving is not a right , it is a privilege. if you don't want to drive its your choice.
  • A M ACE 2012/12/08 19:07:32
    A M
    You have a right to travel in a free country - it's not insurance that proves one's capability to drive, but the license.
  • ACE A M 2012/12/08 22:56:20
    ACE
    wrong again ,travel on government owned roads is not a right but a privelage that one can access if one follows the rules, HAVING INSURANCE.
  • ThePatr... ACE 2013/02/27 03:27:58
    ThePatriotMuckraker
    +1
    "on government owned roads", Utterly false. The government owns NOTHING, absolutely nothing! The people are the "government" and thus "We the people" "own" the roads. Your entire statement, and the other dolts claiming "privileged" are false. Get it straight tax slave.
  • RobHom 2012/04/13 01:55:51
    Constitutional
    RobHom
    Drive without and get caught...or have an accident then get nailed by the fuzz....then try to argue with a judge about constitutionality.....

    If you drive and own a car, and do not have insurance....well....think about the one really memorable statement made by Forrest Gump....
  • Charles E 2012/04/13 01:41:37
    Constitutional
    Charles E
    +2
    Mandatory auto insurance is a state requirement, so protected under 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.

    A federal law mandating auto insurance would be unconstitutional.

    But the sneaky SOB's in CONgress would find a way around, like they did with mandatory seat belt use.
  • A M Charles E 2012/09/01 05:40:00
    A M
    +3
    The state doesn't have that right either. It's coercion to force people under penalty of law to buy something they may never need.
  • Brian Tristan MacQuillan 2012/04/13 00:41:58
    Unconstitutional
    Brian Tristan MacQuillan
    +3
    Federally mandatory auto insurance would be unconstitutional, as driving privileges are granted by the States. That is Constitutional Law 101.

    I am sure that the people who want nationalized health care would also be in favor of nationalized driver's licensing of course. But under Federalism, which has been ignored for to long, the States are to be in charge of the lion's share of regulating. The federal government was not meant to be a clearing house.

    Unconstitutional
  • A M Brian T... 2012/09/01 05:42:10
    A M
    +2
    No, in this country we have a right to travel wherever we want to go. The states do not grant "permission" to drive - they just make sure we're qualified to operate a vehicle.
  • Brian T... A M 2013/01/05 08:57:07
    Brian Tristan MacQuillan
    Driving is a privilege. Look it up.

    The overseer of that privilege is the state governments, not the federal government, as it is the states that issue driver's licenses. There are exceptions, but we are talking about what is the vast norm here, not a tiny pool of "other".

    A driver's license is a license to drive on public roads (you do not need one to drive on private roads). You do need one to drive on any public road.

    If you drive in Pennsylvania with a driver's license from Iowa, you are good. But if you do not have a diver's license, you have broken the law. The Pennsylvania State Police will cite you, and will stop you from operating your motor vehicle any further. How you get where you are going, or back to Iowa, and how you get your vehicle there, or back to Iowa is your problem logistically and financially is your problem. And the Commonwealth of Pennsylvania will expect you to pay the fine levied, and if you do not you may find your Iowa driver's license suspended.

    You can certainly walk, but the state will stop you from driving (and you can not walk on a limited access highway, or interstate by the way. Why is that? Because driving is a privilege, and states license drivers to drive, and enforce their vehicle code. They also keep pedestrians off of limited ac...

    Driving is a privilege. Look it up.

    The overseer of that privilege is the state governments, not the federal government, as it is the states that issue driver's licenses. There are exceptions, but we are talking about what is the vast norm here, not a tiny pool of "other".

    A driver's license is a license to drive on public roads (you do not need one to drive on private roads). You do need one to drive on any public road.

    If you drive in Pennsylvania with a driver's license from Iowa, you are good. But if you do not have a diver's license, you have broken the law. The Pennsylvania State Police will cite you, and will stop you from operating your motor vehicle any further. How you get where you are going, or back to Iowa, and how you get your vehicle there, or back to Iowa is your problem logistically and financially is your problem. And the Commonwealth of Pennsylvania will expect you to pay the fine levied, and if you do not you may find your Iowa driver's license suspended.

    You can certainly walk, but the state will stop you from driving (and you can not walk on a limited access highway, or interstate by the way. Why is that? Because driving is a privilege, and states license drivers to drive, and enforce their vehicle code. They also keep pedestrians off of limited access roads. Add to that, you must have insurance, and your vehicle needs to be registered with your state. Furthermore, in many states vehicles need to be inspected, whereas some states they do not. But if you do not need a hood in Ohio, or you can have window tint as dark as midnight in Florida, while operating one of those vehicles in Pennsylvania you can be cited for a violation of the motor vehicle code of Pennsylvania. Why? Because your vehicle must meet a minimum standard in the state it is being operated in.

    It is actually like a concealed carry permit for a gun, a driver's license does not give you a blank check to drive whatever you like, however you like, wherever you like.
    (more)
  • ThePatr... Brian T... 2013/02/27 03:31:26
    ThePatriotMuckraker
    +1
    Again utterly false. The government owns NOTHING! The people are the "government" and thus "We the people" "own" the roads. Your entire statement, and the other dolts claiming "privileged" are false.
  • Pascxal... Brian T... 2013/03/18 16:42:51
    Pascxal Redfern
    +1
    If driving is a privilege due to a license, them marriage, logically, would be a privilege also since most states (if not all ) require a wedding license. Of course, this is absurd,but individuals who advocate driving as a privilege are not concerned about logic but control. In fact, a driver's license should not even be needed as the state can satisfy its demands for safe driving through driver's ed. There is no proof that just having a driver's license makes you a safe and responsible driver. The license is just a tool for law enforcement to control you and to fish for possible more crimes. We are in a sad shape in this country.
  • relic 2012/04/13 00:38:42
    Constitutional
    relic
    +3
    It's a "State" mandate. The States have that power.
  • Brian T... relic 2012/04/13 00:47:06
    Brian Tristan MacQuillan
    +4
    Therefore it would be Unconstitutional for the federal government to mandate it.
  • killernick 2012/04/13 00:27:23
    Unconstitutional
    killernick
    +2
    Big Brother in your pocket ..again
  • Tony 2012/04/12 23:58:58
    Constitutional
    Tony
    Because you have no right to drive.
  • Charles E Tony 2012/04/13 01:43:51
    Charles E
    So if you own a car but you do not drive it, you are not required to have insurance?
  • RobHom Charles E 2012/04/13 01:58:22
    RobHom
    +1
    If it is not "titled" and registered for road use and has a license plate ...YES, but if you have a non-working title and no tag...then NO.

    Its not a matter of whether you drive it....but its legal status as a vehicle.
  • Tony Charles E 2012/04/13 18:51:48
    Tony
    What RobHom said. ;)
  • This is W³ 2012/04/12 22:04:22
    Constitutional
    This is W³
    +3
    Auto insurance is mandated by each state. It is up to them, in accordance with their respective state constitution, to make it mandatory, not the federal government. Tennessee is the only state I know where auto insurance is not mandatory...it is optional. It is Tennessee's right to make it so.
  • goatman112003 2012/04/12 21:59:42
    Constitutional
    goatman112003
    +3
    It is a mandate placed on you by the State not the Fed for registering a vehicle.
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