Comment: Suppose to be a reply to wistfulthinker

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Suppose to be a reply to wistfulthinker

I understand your argument that for the safety of the other drivers, it is desirable that fellow drivers occupying neighboring roads show some form of competence in operating a motor vehicle. Motor vehicles are dangerous.

But if it where permission to use public roads it would be called a public road use permit, it is not, it is called a commercial drivers license.

Your argument assumes guilt before any harm has been caused and is in violation to the Constitution for the United States of America, henceforth termed the Constitution. The first amendment of the Constitution states the right to peacefully assemble as being specifically protected. To peacefully assemble means to use public land as long as you do no harm. You have the right to drive down a public road just as much as you have the right to walk down a public sidewalk. When you cause harm you are no longer at peace and are therefor liable for your actions. If we consider your argument, since the State gives me permission to use the State's road if I were involved in a collision wouldn't the State assume all liability unless someone in the collision was not permitted to use the State's road? This is not the case in reality we all assume liability for our actions and thus, with that responsibility, we have the right to exercise it responsibly.

Even if you proclaim the first amendments protections to peacefully assembly does not apply to public roads, the ninth amendment picks up the slack with "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." I clearly have the right to peacefully use public property so long as no harm is caused.

You may say well it is a commercial drivers license and since it is for commerce they can regulate it. You would be wrong again. The Commerce clause specifically states its boundaries are limited to foreigners, States, and Indian Tribes. I, as a People of the United States, am not a foreigner, State, or Indian Tribe. So any regulatory functions regarding my commerce is outside the scope of any government agency and strictly prohibited.

Wouldn't the right to conduct commerce in a manner to serve ones own interest be the definition of pursuit of happiness?