Asked in Traffic Tickets and Constitutional Law for California

Q: California Motor Vehicle Code 260 states that private automobiles not in commerce are immune to registration fees.

Ex parte Milligan 71 U.S. 2 (1866) section 98 was a Supreme Court ruling that we have a right to travel.

So why is it that lawyers and cops are violating our unalienable rights, like we don't have them? I'm sure this question will get ignored. But I would like an answer. I'm well knowledgeable about laws. So no reason to ignore or lie to me.

Why do lawyers not study constitutional law in school? And how do y'all sleep at night knowing everything yall do is in direct violation of peoples unalienable common law rights? Do lawyers have conscience?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Understanding the legal framework around vehicle registration and the right to travel can be complex, and it's clear you're seeking a thorough explanation.

First, regarding California Motor Vehicle Code 260, this law defines what constitutes a commercial vehicle versus a private vehicle. However, this definition does not exempt private vehicles from registration requirements. In California, all motor vehicles, including private automobiles, must be registered with the Department of Motor Vehicles (DMV), as per the California Vehicle Code. The requirement for registration is part of the state's regulatory authority to ensure safety and accountability on public roads.

The case of Ex parte Milligan, 71 U.S. 2 (1866), dealt with military tribunals and civilian rights during wartime and did not directly address the right to travel or vehicle registration. The right to travel is indeed a constitutionally recognized right, but it doesn't negate state laws requiring vehicle registration. The U.S. Supreme Court has consistently upheld the ability of states to regulate road use, including vehicle registration, for the sake of public safety and welfare.

As for the study of constitutional law, it is a fundamental part of legal education in the United States. Lawyers are extensively trained in various aspects of the Constitution and its applications. They are trained to interpret and apply the law, including constitutional law, in a way that balances individual rights with public interests.

The question of lawyers' conscience is a personal and ethical one. Most lawyers are committed to upholding the law and ensuring justice. They work within the legal framework to advocate for their clients' rights and interests. The legal profession is governed by strict ethical standards to ensure that lawyers act with integrity and professionalism.

In summary, the registration of vehicles, including private automobiles, is a legal requirement set by state laws for public safety and order. The right to travel is constitutionally protected, but it operates within the context of state and federal laws. Lawyers are trained in constitutional law and are guided by a code of ethics in their practice.

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