An analysis of that period can be found in this publication: The Impact of the Sport of Bicycle Riding on Safety Law. Here is an excellent paper that thoroughly explores the transitional period when decisions could go either way: The Orphaned Right: The Right to Travel by Automobile, 1890-1950.īicycles were regulated decades before automobiles were invented and activists of the day faced many of the same questions and challenges modern right to travel proponents do. Automobile regulation began in the early 1900's. There wasn't always legislation displacing the common law. States are free to enact whatever traffic regulations they want provided they do not violate federal law, as determined by the federal courts, pursuant to their police power.Īll 50+ States, through their legislatures consisting of the people's elected representatives, have seen fit to devise and enact their own traffic codes and police them. 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. Traffic regulation isn't mentioned in the Constitution, the supreme law of the land, therefore the power generally falls to the States pursuant to the 10th Amendment: In pseudo-legal circles, "right to travel" means the supposed right to "travel freely in your private property / automobile / conveyance on the public roads / highways without a driver's license, insurance or registration and exempt from regulation or interruption provided one does not engage in commerce / earn profit or cause harm to people or property."Ībsolute freedom! Could it be true? How does the law work? Tenth Amendment, State Codes If anyone speaks of a "Constitutional right to travel" Freedom of Movement is the only valid thing they could be referring to, as we'll show. using the phrase "right to travel" are in fact about Freedom of Movement, which is the Constitutional right to travel between States at will. The phrase "right to travel" should be clarified because it's commonly confused.
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