Anthony Flack wrote: Sun Jun 19, 2022 7:19 pm
Reckon if freedom of movement was in the Constipation then seat belt laws and speed limits would be ruled illegal. I can drive whatever speed I like outside a school! Freedom of movement!
Freedom of movement
is in the constitution, it's been read into the
"privileges and immunities" clause.
Clients of mine will sometimes latch onto that and expect me to argue in court that this means driver licensing requirements are unconstitutional. It is an argument that has always failed, and mercilessly mocked, because not having a car doesn't mean you aren't allowed to move interstate--there's nothing stopping anyone without a license from walking/bussing/flying/taking the train to whatever state they wish. Any serious consideration of cars being included in the freedom of movement would just end up being defeated under 'general welfare' concerns because cars are complicated, heavy, pieces of machinery that can wreak horrific damage upon people if not properly regulated.
As far as guns go, I am extremely ambivalent: I do not like them, but understand the arguments for being able to purchase them. I would rather not own a gun, but do not want to rely on the police for protection (because they won't protect people generally, and have pointedly--perhaps deliberately--failed to protect me specifically); I still don't own a gun, but I do have a license to carry a concealed pistol if I ever decide to purchase one.