A funny thing happened on the way to reading my way through a deluge of emails; I came across one that entered my inbox earlier yesterday, but which I did not actually see until the early morning hours of today. The email reads thusly:
I’ve seen some of your videos on YouTube and wanted to tell you that you’re wrong. You appear not to be able to distinguish the difference from the right to travel and the State’s right to regulate the operation of a dangerous mode of transportation that can harm, injure, or kill people and damage private or public property. That State right is the doctrine of police power, which was adopted into the US Constitution by the 10th Amendment. You should research it – plenty of SCOTUS cases in support. How do I know? I practiced constitutional law for over 35 years and fought govt over-reach and REAL infringement on rights.
Mr. Galt, you, like many before you, appear to be assuming quite a bit about what I do or do not know. And I can very well and do distinguish between a right to travel and the state police power to regulate. And there are MANY things and activities that can injure or kill that the state demonstrably has NO power whatsoever to interfere with or take away. The fact that they use illegitimate reasoning and deadly force to get their way does NOT make them right nor their actions lawful, even though they may have legislatively or judicially declared their actions to be ‘legal.’ History documents that Adolph Hitler did the same thing if memory serves, and look how he wound up when it was all said and done. And I find no increase in your personal merit, credibility, or ability by your admission of having misunderstood and mishandled a particular subject of much legal and political debate for more than 35 years. How is an admission of perpetual misconception and/or incompetence in understanding something so simple and fundamental to the rightful free exercise and enjoyment of individual liberty and rights supposed to legitimize your position of telling me that I am “wrong” simply because you and those like you were incapable of comprehending the simplicity of thought and action relating to individual rights and liberty so as to understand this most basic of human concepts and do it right?
You also appear to be holding the mistaken belief that the various constitutions are themselves the well-spring of the rights and liberties of We the People, and that we are the ones bound by their respective provisions and principles. That is a demonstrably unsubstantiated and fundamentally unsafe foundational premise, as no constitution on this planet is now or ever has been the source of our inherent and fundamental individual rights and liberties. In that respect, its sole purpose as a grantor of any and all delegated powers and authority, and prohibitions upon the use of same, is applicable and binding only upon our servant government and its actors, regardless of branch, department, or office. The only thing a constitution does directly for the People is to provide a reminder to those in government that they are in fact, NOT the ones in charge of everything, and to preserve an actionable remedy to remove, alter, or abolish any or all parts of that government when it fails to adhere to the proper limits upon its use of that power and authority.
Now, let’s start with what I feel should be some rather simplistic facts and logic in terms of laying a foundation for this response, beginning with certain facts that we know for certain are true:
1) It is NOT illegal for an individual to purchase an automobile or truck of any classification or type for private non-commercial use in any state of the union.
2) There are NO laws placing any restrictions upon the number of automobiles or trucks that a private individual can purchase.
Jefferson had much to say on the concept and law of private property ownership and use:
Property Rights:
“The true foundation of republican government is the equal right of every citizen in his person and property and in their management.” –Thomas Jefferson to Samuel Kercheval, 1816. ME 15:36
“A right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings.” –Thomas Jefferson to Pierre Samuel Dupont de Nemours, 1816. ME 14:490
“[We in America entertain] a due sense of our equal right to… the acquisitions of our own industry.” –Thomas Jefferson: 1st Inaugural, 1801. ME 3:320
“He who is permitted by law to have no property of his own can with difficulty conceive that property is founded in anything but force.” –Thomas Jefferson to Edward Bancroft, 1788. ME 19:41
“That, on the principle of a communion of property, small societies may exist in habits of virtue, order, industry, and peace, and consequently in a state of as much happiness as Heaven has been pleased to deal out to imperfect humanity, I can readily conceive, and indeed, have seen its proofs in various small societies which have been constituted on that principle. But I do not feel authorized to conclude from these that an extended society, like that of the United States or of an individual State, could be governed happily on the same principle.” –Thomas Jefferson to Cornelius Camden Blatchly, 1822. ME 15:399
The Origin of Ownership:
“It is a moot question whether the origin of any kind of property is derived from nature at all… It is agreed by those who have seriously considered the subject that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common is the property for the moment of him who occupies it; but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society.” –Thomas Jefferson to Isaac McPherson, 1813. ME 13:333
“A right of property in moveable things is admitted before the establishment of government. A separate property in lands, not till after that establishment. The right to moveables is acknowledged by all the hordes of Indians surrounding us. Yet by no one of them has a separate property in lands been yielded to individuals. He who plants a field keeps possession till he has gathered the produce, after which one has as good a right as another to occupy it. Government must be established and laws provided, before lands can be separately appropriated, and their owner protected in his possession. Till then, the property is in the body of the nation, and they, or their chief as trustee, must grant them to individuals, and determine the conditions of the grant.” –Thomas Jefferson: Batture at New Orleans, 1812. ME 18:45
“The laws of civil society, indeed, for the encouragement of industry, give the property of the parent to his family on his death, and in most civilized countries permit him even to give it, by testament, to whom he pleases.” –Thomas Jefferson to Thomas Earle, 1823. ME 15:470
Every Citizen is Entitled to Own Property:
“The political institutions of America, its various soils and climates, opened a certain resource to the unfortunate and to the enterprising of every country and insured to them the acquisition and free possession of property.” –Thomas Jefferson: Declaration on Taking Up Arms, 1775. Papers 1:199
“The earth is given as a common stock for man to labor and live on. If for the encouragement of industry we allow it to be appropriated, we must take care that other employment be provided to those excluded from the appropriation. If we do not, the fundamental right to labor the earth returns to the unemployed… It is not too soon to provide by every possible means that as few as possible shall be without a little portion of land. The small landholders are the most precious part of a state.” –Thomas Jefferson to James Madison, 1785. ME 19:18, Papers 8:682
“No right [should] be stipulated for aliens to hold real property within these States, this being utterly inadmissible by their several laws and policy.” –Thomas Jefferson: Commercial Treaties Instructions, 1784.
“Whenever there is in any country uncultivated lands and unemployed poor, it is clear that the laws of property have been so far extended as to violate natural right.” –Thomas Jefferson to James Madison, 1785. ME 19:18, Papers 8:682
“[The] unequal division of property… occasions the numberless instances of wretchedness which… is to be observed all over Europe.” –Thomas Jefferson to James Madison, 1785. ME 19:17, Papers 8:681
“I am conscious that an equal division of property is impracticable. But the consequences of this enormous inequality producing so much misery to the bulk of mankind, legislators cannot invent too many devices for subdividing property, only taking care to let their subdivisions go hand in hand with the natural affections of the human mind.” –Thomas Jefferson to James Madison, 1785. ME 19:17, Papers 8:682
The Protection of Property Rights:
“[The] rights [of the people] to the exercise and fruits of their own industry can never be protected against the selfishness of rulers not subject to their control at short periods.” –Thomas Jefferson to Isaac H. Tiffany, 1816.
“I may err in my measures, but never shall deflect from the intention to fortify the public liberty by every possible means, and to put it out of the power of the few to riot on the labors of the many.” –Thomas Jefferson to John Tyler, 1804. ME 11:33
“Our wish… is that… equality of rights [be] maintained, and that state of property, equal or unequal, which results to every man from his own industry or that of his fathers.” –Thomas Jefferson: 2nd Inaugural Address, 1805. ME 3:382
“To take from one because it is thought that his own industry and that of his father’s has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association–‘the guarantee to every one of a free exercise of his industry and the fruits acquired by it.'” –Thomas Jefferson: Note in Destutt de Tracy’s “Political Economy,” 1816. ME 14:466
“If the overgrown wealth of an individual is deemed dangerous to the State, the best corrective is the law of equal inheritance to all in equal degree; and the better, as this enforces a law of nature, while extra-taxation violates it.” –Thomas Jefferson: Note in Destutt de Tracy’s “Political Economy,” 1816. ME 14:466
Rights Associated With Ownership:
“It would be singular to admit a natural and even an hereditary right to inventors… It would be curious… if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody… The exclusive right to invention [is] given not of natural right, but for the benefit of society.” –Thomas Jefferson to Isaac McPherson, 1813. ME 13:333
“By nature’s law, every man has a right to seize and retake by force his own property taken from him by another by force or fraud. Nor is this natural right among the first which is taken into the hands of regular government after it is instituted. It was long retained by our ancestors. It was a part of their common law, laid down in their books, recognized by all the authorities, and regulated as to circumstances of practice.” –Thomas Jefferson: Batture at New Orleans, 1812. ME 18:104
“Charged with the care of the general interest of the nation, and among these with the preservation of their lands from intrusion, I exercised, on their behalf, a right given by nature to all men, individual or associated, that of rescuing their own property wrongfully taken.” –Thomas Jefferson to W. C. C. Claiborne, 1810. ME 12:383
“Nothing is ours, which another may deprive us of.” –Thomas Jefferson to Maria Cosway, 1786. ME 5:440
“[If government have] a right of demanding ad libitum and of taxing us themselves to the full amount of their demand if we do not comply with it, [this would leave] us without anything we can call property.” –Thomas Jefferson: Reply to Lord North, 1775. Papers 1:233
“The first foundations of the social compact would be broken up were we definitely to refuse to its members the protection of their persons and property while in their lawful pursuits.” –Thomas Jefferson to James Maury, 1812. ME 13:145
“Persons and property make the sum of the objects of government.” –Thomas Jefferson to James Madison, 1789. ME 7:459
“The right to sell is one of the rights of property.” –Thomas Jefferson to Handsome Lake, 1802. ME 16:395
“The power of repelling invasions, and making laws necessary for carrying that power into execution seems to include that of occupying those sites which are necessary to repel an enemy, observing only the amendment to the Constitution which provides that private property shall not be taken for public use without just compensation… Where the necessary sites cannot be obtained by the joint and valid consent of parties,… provision should be made by a process of ad quod damnum, or any other more eligible means for authorizing the sites which are necessary for the public defense to be appropriated to that purpose.” –Thomas Jefferson: Message on Defence, 1808. ME 3:326
You now might better recognize this concept of yours, as it is essentially a claim that government can deny or convert to privilege the rightful and lawful use of private property against him who lawfully owns and controls it. It is a concept very much in line with that of an unlawful governmental taking or conversion of property, which is something else that SCotUS has addressed on more than one occasion, albeit with ever increasing ineptitude and leanings toward destruction of rights and usurpation of power.
Which brings me to the one question that no attorney or judge ever appears to be able to reasonably explain when asked, “how did the people go from having every right to using ANYTHING that they lawfully owned and possessed, whether that be their feet, a burrow or horse, a chariot, a sled, a litter, a wagon, or a “motor car,” to freely travel upon the roadways of their age, to suddenly having that right converted into a mere privilege due to nothing more than the advancement of time and technology coupled with the whims of other men?”
Which then, of course, begs the followup question; “Can you name any other inherent and fundamental individual right that has been so fully and unlawfully converted into a licensed privilege simply because time and advancements in technology made changes in the manner of things and devices used to exercise it?” I certainly can’t. Nor can I fathom how any court or governmental body could have possibly come to a lawful and constitutional conclusion that they suddenly had a new power and authority that they had never previously possessed in that they could arbitrarily take away a man’s right to the use of his own private property for any and all LAWFUL (not LEGAL) purposes unless he first sought and received governmental permission to do so.
And any argument that the government has the right to deny the use of THEIR roads is patently false, because the roads are neither owned by nor belong to the government. They belong to the people. WE paid for them to be built and to be maintained. They are OURS. Government is nothing more than our elected and appointed steward for seeing to it that the roads remain fit for OUR use in pursuit of our individual private business or pleasure.
Even more to the point, just WHO could have possibly given the state legislature, or any other body of government, the authority to make that conversion of fundamental and inherent individual rights and liberties into lesser government sanctioned and licensed/permitted privileges? Such a thing is inconceivable in a constitutional republic. If I have no personal or individual right to tell someone else that they cannot use either their private property, or our mutual property in the form of the public roads, in a lawful and peaceful manner, whether such use is done independently or simultaneously. And neither you nor anyone else has any such lawful right. And if none of us individually have any such lawful power and authority over another man, then neither does ANY governmental agency or agent, as their just powers are derived from us. And if we don’t lawfully have it, we cannot delegate it to another, not even to our own legal creation known as government.
The collective power of government was only intended and authorized to be used against particular members within We the People that had committed unlawful acts against the person, rights or property of another individual or group. And even then, that authority was limited to the purposes of apprehending, trying, convicting, and punishing those specific individuals, not to regulate or otherwise control the rest of us individually or collectively in the just exercise of our own free will. I, like most men, am self-regulating. And I do not seek to unjustly harm the person, rights or property of any other man.
The premise for this line of thought and reasoning in relation to the limits of delegated authority derived from individual rights and liberties was proclaimed by Jefferson in these words:
“What is true of every member of the society, individually, is true of them all collectively; since the rights of the whole can be no more than the sum of the rights of the individuals.” –Thomas Jefferson to James Madison, 1789. ME 7:455, Papers 15:393
“The principles of government… [are] founded in the rights of man.” –Thomas Jefferson to John Cartwright, 1824. ME 16:51
“Our rulers can have authority over such natural rights only as we have submitted to them.” –Thomas Jefferson: Notes on Virginia Q.XVII, 1782. ME 2:221
“Every man, and every body of men on earth, possesses the right of self-government… This, like all other natural rights, may be abridged or modified in its exercise by their own consent, or by the law of those who depute them, if they meet in the right of others.” –Thomas Jefferson: Opinion on Residence Bill, 1790. ME 3:60
“Were [a right] to be refused, or to be so shackled by regulations, not necessary for… peace and safety… as to render its use impracticable,… it would then be an injury, of which we should be entitled to demand redress.” –Thomas Jefferson: Report on Navigation of the Mississippi, 1792. ME 3:178
Furthermore, when the state enacts a law, ANY law, that is enacted for the regulation of something, anything, it must first be something that the people themselves have the power to regulate themselves either individually or by collective agreement. Why you might ask? Well, it really is a rather simple concept; one cannot give away a power or authority that s/he does not lawfully and rightfully posses. And the tired old cliche of “the people voted” is non-substantive, as the free exercise and enjoyment of inherent fundamental individual rights cannot be removed from any one or more of the people by a majority vote. Nor can a majority vote do any better when it comes to converting a right into a privilege.
This is the difference between a republic and a democracy. One protects the rights and liberties of the individual, the other is nothing more than mob rule, which the founding fathers soundly rejected.In my personal opinion, it is rather idiotic for anyone tell the people that they are born free men, and that they live in a free republic where they each have equal inherent fundamental and innumerable rights, and then, in the same breath, try to qualify or downplay that by saying “… well, … except this, … or that, … or these things here, … because we who are supposedly your servants, having been empowered by our sworn oath to protect and defend ALL of your individual rights as a prerequisite of our existence and authority, have decided without your consent to not let you claim or exercise certain one’s of them, or potentially any of them, as an individual right to be exercised without our written and purchased permission.” Tell me, just who has any lawful right whatsoever to tell another man what he can or cannot do with his own person or property when he does not use his rights to those things to intentionally or negligently cause harm to me or any other?
Now as far as the actual laws themselves go in relation to the subject of “transportation” versus “the right to travel,” let’s look at it from this perspective.
The Texas Constitution, as does most state constitutions of which I am aware, limits the subject of any legislative enactment to ONE SUBJECT. In the case of the fairly recently recodified “transportation” code, that subject just happens to be “TRANSPORTATION.” And ANYTHING that is written into that code MUST be related to that one subject. If it is not, then that portion of the code would be UNCONSTITUTIONAL as it would be a legislative Bill dealing with more than one subject.
Now, the Texas Legislature did not provide a definition of the term “transportation” in ANY law or code that exists in Texas. However, they DID create statutes that tell us precisely how to determine the meaning of those terms that they failed to define. These methods of writing, reading, and interpreting the meaning of such terms and phrases, can be found in Chapters 311 and 312 of the Texas Government Code. Within which you will find that the term “transportation” is to be defined in the same manner as other existing law or as the standard industry usage defines it, which just happens to match with the very definition that one would find in the SCotUS case law cited as the basis for that definition in Black’s Law Dictionary 6th Edition and earlier. The same would apply to the term “carrier.”
It should be axiomatic that, in order to charge someone with a crime under the specific subject matter of “transportation,” since that is the ONLY subject to which the code and its regulatory statutes can constitutionally apply, the state MUST prove that the individual WAS engaged in “transportation” as defined by that term. Simply being in a car on the highway isn’t enough to constitute “transportation.” And if you are willing to suggest that the state is somehow not required to prove that the regulated subject matter to which the statutes specifically apply is in any way relevant to the criminal accusations being made against the Accused by alleging offenses that are defined by and exists solely within that subject matter code, then you are admitting to the knowing and intentional denial of the right of due process as being precisely what is wrong with your particular brand of justice and the corrupt judicial and Bar system that controls it.
Furthermore, there is a HUGE difference between using the police power for regulation for public safety, such as traffic control devices meant to control traffic flow so as to prevent accidents for instance, and taxation of a privileged activity through various license and permit schemes. You are either considering them to be one and the same or are failing to recognize the distinctive differences, because SCotUS and numerous other courts have ruled over and over again that any license or permit requiring a payment of a fee in order to obtain it ARE taxes upon the exercise of the permissive privilege. The term “tax” and “license” are synonymous according to those court rulings.
However, the right to liberty through locomotion is NOT a permissive or granted privilege, but rather it is an inherent and fundamental right of liberty through locomotion, for which I do not require any man or court to recognize in order for me to know it to be absolutely true. Only a slave must ask permission and favor to move about without his chains, in whatever form those chains may be. The Declaration of Independence makes this understanding of liberty more than clear to someone that isn’t actually looking for some legal control mechanism by which to either conceal or deny its very existence.
“It is to secure our rights that we resort to government at all.” –Thomas Jefferson to Francois D’Ivernois, 1795. FE 7:4“[These are] the rights which God and the laws have given equally and independently to all.” –Thomas Jefferson: Rights of British America, 1774. ME 1:185, Papers 1:121
What you are saying about the police power and the government’s alleged right to regulate certain activities is not a concept created by the people OR our constitutions, but rather by the courts and those within our government that decided they knew better than us how to lead lawful and productive lives, and then proceeded to use their delegated powers to subvert and undermine the rights of everyone for the perceived [but false] benefit of a collective society, which is a concept soundly rejected as an abomination to the principles of a constitutional republic.
And you also seem to think that I and everyone else should have no opinion or argument that contradicts or refutes that which establishes the power and control sought by government through our courts. Courts which have demonstrated their complete failure in understanding even the most historically fundamental concepts of LIMITED government and inherent fundamental individual rights, which they’ve accomplished through a never-ending train of tortured reasoning and incompetent or abusive readings and interpretations of the provisions within the various constitutions to further diminish individual rights in favor of ever expanding governmental power and authority. It is the basic principle of letting the inmates run the asylum by setting and interpreting their own rules.
Your words make it appear that you want me and the rest of the American people to simply accept the baseless assertion that they, meaning the courts, attorneys like you, and governmental actors in general, are somehow more capable, qualified, and intellectually equipped to be the sole collective body uniquely empowered to be our only purveyors of truth and understanding. A concept which I find not only laughable to the point of requiring corrective surgery, but with which I heartily and vehemently disagree to the point of being willing to take up arms to defend against it. Nor am I alone in thinking so. My words to you on that point are well founded in a prior discussion involving Jefferson that long predates us both, and which soundly renounces and refutes such an assertion on your part:
“You seem … to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps…. Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.” –Thomas Jefferson to William C. Jarvis, 1820. ME 15:277
“A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate.” –Thomas Jefferson: Rights of British America, 1774. ME 1:209, Papers 1:134
“Some other natural rights… [have] not yet entered into any declaration of rights.” –Thomas Jefferson to John W. Eppes, 1813. ME 13:272
So, despite what you might think about the power and authority of government to do any particular thing it damn well pleases, I would consider the possibility that you, like many others before you and in office today, have failed to remember that We the People ARE the one true and primary department of government that has the power to supersede and/or do away with anything and everything that government, in whole or in part, may decide or do. The government’s willingness to resort to force of arms, and to use them without fear of accountability, does not make those doing so right. What it does make them is a group of treasonous despots that deserve to be arrested and punished with life in prison for their crimes against us all, which will be exactly what happens if they lose the battle of force.
Therefore, all I can say to you is that you may choose to believe as you wish and stay as much a slave to those beliefs in relying on a totally corrupt and broken system of law and injustice as you desire, regardless of how ill-founded or unsubstantiated such beliefs may be. But, none of your choices bind me or any other individual to you or to those choices. I have the faculties and the inherent and unalienable right to think and act for myself, to make my own choices, to self-regulate, and to engage in my own private business or pleasure using my own understanding of the proper exercise of my rights and liberties as I see fit, limited or barred only by the equal rights of others to not be intentionally or negligently harmed by me. Which would also include freedom from those same types of intrusions and harm by government actors. THAT is the true limit of government’s police powers upon the free exercise of the individual rights and property belonging to We the People as far as I am concerned.
“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” –Thomas Jefferson to Archibald Stuart, 1791. ME 8:276
“Being myself a warm zealot for the attainment and enjoyment by all mankind of as much liberty as each may exercise without injury to the equal liberty of his fellow citizens, I have lamented that… the endeavors to obtain this should have been attended with the effusion of so much blood.” –Thomas Jefferson to Jean Nicholas Demeunier, 1795. FE 7:13
“Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the right of an individual.” –Thomas Jefferson to Isaac H. Tiffany, 1819.
“Under the law of nature, all men are born free, every one comes into the world with a right to his own person, which includes the liberty of moving and using it at his own will. This is what is called personal liberty, and is given him by the Author of nature, because necessary for his own sustenance.” –Thomas Jefferson: Legal Argument, 1770. FE 1:376
“If [God] has made it a law in the nature of man to pursue his own happiness, He has left him free in the choice of place as well as mode, and we may safely call on the whole body of English jurists to produce the map on which nature has traced for each individual the geographical line which she forbids him to cross in pursuit of happiness.” –Thomas Jefferson to John Manners, 1817. ME 15:124
“The evidence of [the] natural right [of expatriation], like that of our right to life, liberty, the use of our faculties, the pursuit of happiness, is not left to the feeble and sophistical investigations of reason, but is impressed on the sense of every man. We do not claim these under the charters of kings or legislators, but under the King of Kings.” –Thomas Jefferson to John Manners, 1817. ME 15:124P.S.
Thank you for your email. I will use it for the edification of others so that they may understand why attorneys should never be allowed to hold public office or other positions of power that would allow them to control and subvert the freedoms and liberties that are inherent in us all by our very birth. I will be posting your email, and my response, to my blog.
Be aware that I reserve the right to edit and amend my original response at any time and in any way that I deem necessary as time and information allows. Hopefully it will be enough to provide you with a different perspective than the one that you currently have, the most important of which being that the legal profession cannot have its cake and eat it too. When laws are used to subvert and supplant liberty and freedom with permissions and privileges, then the law itself, and those that try to justify supporting and defending it, ARE the only real problem.
What are the statutory elements required to actually ALLEGE and PROVE a “speeding” offense in Texas? Believe it or not, there are actually 21 individual statutory elements. Yes, that is a two (2) and a one (1). And it is my experience that the STATE knowingly and intentionally avoids providing the required due process Notice of more than two thirds of them in the criminal complaint and other charging instruments.
Breakdown of Elements in a Speeding Charge
Criminal Complaint
