Originally Posted by Roody
... I have always thought that some law is not based on the constitution, but is even older and more fundamental in origin. Isn't there a legal concept called common law? I seem to remember that it is based on medieval English principles, and even goes back to the Roman Empire. Does this law provide a basis for allowing public access to public roads?
Here's a little Q&A about the limits on government's power to impose additional restrictions on a citizen's
right to travel.
Q. Why is the following observation from the
Bicycles and the Traffic Law guide true in the USA?
In all states, motor vehicle operators, but not cyclists, must meet additional requirements such as driver licensing, vehicle registration, and liability insurance.
A. From a
state Supreme Court decision:
The right to travel has long been recognized by the courts as inherent in our constitutional concepts of personal liberty ... Because that right is fundamental, the [U.S. Supreme] Court reasoned, "any classification which serves to penalize the exercise of that right, unless shown to be necessary to promote a compelling government interest, is unconstitutional."
The courts have consistently held that the
extraordinary danger to others and their property posed by heavy equipment operation in a public way (i.e., driving most motor vehicles) is such a
compelling government interest. On the other hand, human powered
travel (whether on foot or wheel) is, almost without exception, never heavy enough to create a level of danger to others which is sufficient to justify additional government requirements for such travel.
Freedom of movement is the very essence of our free society ... once the right to travel is curtailed, all other rights suffer.
-- Former Supreme Court Justice William Douglas