In America we have two main law encyclopedias nationally recognized and used, one is Corpus Juris Secundum (C.J.S.) and the other is American Jurisprudence abbreviated as Am. Jur.. Both of these law encyclopedias are published by West Publishing which is owned by Thomson Reuters.
Law encyclopedias are secondary sources of law, of the two main law encyclopedias mentioned above
this page references American Jurisprudence 2d 1979.
In this law encyclopedia you will find that it is a 70 plus volume book set, book volume 16 and volume 16A is constitutional law. In volume 16 you can clearly see on page 306 that it lists the right to travel in section 569. Not all of the information on constitutional law including the right to travel can fit in just one volume, so the chapter or section 569 is located in Am. Jur. volume 16A section 569 on page 482.
AMERICAN JURISPRUDENCE 2d 1979
"No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution." 16 Am.Jur. (2nd), Const. Law, Sect. 70 page 392
"No one is bound to obey an unconstitutional law and no courts are bound to enforce it." 16th American Jurisprudence 2d, Section 256 page 727(1979)
"Neither emergency nor economic necessity justifies a disregard of cardinal Constitutional guaranties." 16 Am.Jur. (2nd), Const. Law, Sect. 81 page 407
And see Am. Jur. volume 39 below:
39 Am. Jur.2d. Gardian and Ward to Highways Section 192. Right to use. Page 570
"Streets and highways are established and maintained primarily for purposes of travel and transportation of the public,11 and the uses incidental thereto."12
39 Am. Jur.2d. Gardian and Ward to Highways Section 192 page 571
"The right of a citizen to travel on the public highways and to transport his property thereon, either by horse drawn carriage or wagon or automobile, is not a mere privilege which a city may permit or prohibit at will, but a common Right which he has under his right to life, liberty, and the pursuit of happiness."Thompson vs. Smith, 155 Va 367, 154 SE 579, 71 ALR 604.
In the 1979 edition of Am. Jur. the right to travel is found in section 569 starting on page 482. As we can see in the picture on the left side found on page 483, three different state supreme courts cited affirming the citizens right to travel on the highways (in his or her property namely mentioned an automobile) as a right and not a privilege.
Case Cited in Section 569:
Slusher v. Safety Coach Transit Co., 229 Ky 731 (1929)
Teche Lines, Inc. v Danforth, 195 Miss 226 (1943)
Thompson vs. Smith, 155 Va 367 (1930)
Pinkerton v. Verberg, 78 Mich. 573 (1889)
Williams v. Fears, 179 U.S. 270 (1900)
Kent v. Dulles, 357 U.S. 116 (1958)
City of Watertown v. Christnacht, 39 S.D. 290 (1917)
U.S. v. Laub, 385 U.S. 475 (1967)
Zemel v. Rusk, 381 U.S. 1 (1965)
City of St. Louis v. Gloner, 210 Mo. 502 (1908)
People v. Horton 14 Cal App. 3d 930 (1971)
People of State of N. Y. v. O'Neill, 359 U.S. 1 (1959)
16A Am. Jur.2d. Constitutional Law Section 569 pages 482-483
"The right of a citizen to travel on the public highways and to transport his property thereon, either by horse drawn carriage or wagon or automobile, is not a mere privilege which a city may permit or prohibit at will, but a common Right which he has under his right to life, liberty, and the pursuit of happiness. Slusher v. Safety Coach Transit Co., 229 Ky 731, 17 SW2d 1012, 66 ALR 1378; Teche Lines, Inc. v Danforth, 195 Miss 226, 12 So 2d 784; Thompson v Smith, 155 Va 367, 154 SE 579, 71 ALR 604. See 39 Am Jur 2d, HIGHWAYS, STREETS AND BRIDGES SEC. 192.
Generally as to Passport legislation and regulation, see 60 Am. Jur. 2d, Passports (§)(§) 4 et seq.
16A Am. Jur. 2d (§)569 picture of section on page 483 Const. Law
WHAT IS A LICENSE?
A license is in the general nature of a special privilege, entitling the licensee to do something that he would not be entitled to do without the license.
When used in it's broad sense, the word "taxes" may include a license fee . Such fees commonly take the form of an imposition on the use or disposition of property, the pursuit of an occupation, business , or calling, or the exercise of a privilege. 51 Am. Jur. 2d., LICENSES AND PERMITS, PART ONE, GENERAL PRINCIPLES, I. GENERAL, §1. Generally, p. 7
Statutes may, of course, be so worded as to require a license for the carrying on of certain activities only in the event that they are carried on by a corporation.16 And corporations may, conceivably, be expressly exempted from certain licensing requirements.17 In the absence of particularization or exemption, however, a licensing statute will ordinarily be construed as applying regardless of the form of the entity or person carrying on the specified activities.18 51 Am. Jur. 2d., LICENSES AND PERMITS, PART ONE, GENERAL PRINCIPLES, I. GENERAL, §42. Generally, p. 49 V. WHO IS SUBJECT TO LICENSE LEGISLATION
Authorities. Citations to statutes, precedents, judicial decisions, and text-books of the law, made on the argument of questions of law or the trial of causes before the court, in support of the legal positions contended for, or adduced to fortify the opinion of a court or of a text writer upon any question. Authorities may be either primary (e.g. statutes, court decisions, regulations), or secondary (e.g. Restatements, treatise). Black's Law Dictionary 5th Ed. p.121
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