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In September, 2006, a bulletin board system was set up to better handle the requests. Understand that I cannot verify the information below, as it is all submitted by other Wilkinson genealogists.
All new comments are now posted on the bulletin board. Also, feel free to search the Wilkinsons Genealogical database. m Y NAME IS r EX w ILKINSON OF c AMBRIDGE, o NTARIO.
The phrase "right to travel" should be clarified because it's commonly confused. using the phrase "right to travel" are in fact about Freedom of Movement, which is the Constitutional right to travel between States at will.
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. 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: 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.
Unless "right to travel" proponents can come up with a later Supreme Court ruling that states otherwise, their claims are busted. 856 (1975)A few of the above cases were found in a somewhat inflammatory and dated but comprehensive publication, Idiot Legal Arguments.
And we have one less-impressive but telling quote from a lower federal district court: Wells v. We picked out the relevant federal cases, but many more high-level State cases can be found there, too, if you're interested.
There we have three solid federal Supreme Court decisions that set nationwide precedent that cannot be ignored.
This page contains all posts to the Wilkinsons Genealogical Requests Page from its inception through the end of 2005. We prefer citations from these federal courts to avoid presumptions of bias that might arise by the State judging its own regulations and because federal decisions are superior to State decisions pursuant to the Supremacy Clause. In the absence of national legislation covering the subject a State may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of all motor vehicles — those moving in interstate commerce as well as others. This is but an exercise of the police power uniformly recognized as belonging to the States and essential to the preservation of the health, safety and comfort of their citizens.