State Granted Privileges v. Constitutional Rights
WHAT ARE RIGHTS AND WHAT ARE PRIVILEGES?
CONSTITUTIONAL RIGHTS
Americans often incorrectly state that they have 'constitutional rights' well when stated that way it becomes misleading to those who are uneducated on the matter because it plants the seed in people's minds that our rights come from pieces of paper; the U.S. Constitution and not our maker.
The American people have Constitutionally protected rights, not 'constitutional rights', the U.S. Constitution never gave the people any rights at all, the people's rights come from God their maker (as stated in the Declaration of Independence)...the U.S. Constitution recognizes, respects, and protects the rights of the people. Constitutionally protected rights are God-given inherent inalienable rights also called fundamental rights, common rights, natural rights, substantial rights, and legal rights. In Washington State when the statutes refer to the people's rights they almost always use the words 'substantial rights' which are in-fact constitutionally protected rights.
The phrase or term "civil rights" can be a little confusing...it usually refers to the Civil Rights Acts which were created by the government...what the government grants it may also deny, so civil rights under the Acts are really privileges granted by the government with the title 'rights' these are not unalienable rights. Occasionally the phrase 'civil rights' is used interchangeably with constitutionally protected rights, so the phrase can be confusing.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. "Declaration of Independence 1776 https://www.archives.gov/founding-docs/declaration-transcript
"The right to travel interstate by auto vehicle upon the public highways may be
a privilege or immunity of citizens of the United States. Compare Crandall v. Nevada, 6 Wall. 35, 18 L. Ed. 745. A citizen may have, under the Fourteenth Amendment, the right to travel and transport his property upon them by auto vehicle. But he has no right to make the highways his place of business by using them as a common carrier for hire. Such use is a privilege which may be granted or withheld by the state in its discretion, without violating either the due process clause or the equal protection clause." Buck v. Kuykendall, 267 U.S. 307 (1925)
“Men are endowed by their Creator with certain unalienable rights, 'life, liberty, and the pursuit of happiness;' and to 'secure,' not grant or create, these rights, governments are instituted. That property [or income] which a man has honestly acquired he retains full control of. . .” Budd v. People of State of New York, 143 U.S. 517 (1892)
“The individual may stand upon his constitutional rights as a citizen He is entitled to carry on his private business in his own way His power to contract is unlimited He owes no duty to the State or to his neighbor to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him He owes no such duty to the State, since he receives nothing there from, beyond the protection of his life and property His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law He owes nothing to the public so long as he does not trespass upon their rights.” Hale v. Henkel 201 U.S. 43 1906
"The rights of the individual are not derived from governmental agencies, either municipal, state or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government. The people's rights are not derived from the government, but the government's authority comes from the people. *946 The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief. The fewer restrictions that surround the individual liberties of the citizen, except those for the preservation of the public health, safety, and morals, the more contented the people and the more successful the democracy." City of Dallas v. Mitchell, 245 S.W. 944 (1922)
Legal Definitions
Substance. Essence; the material part or essential part of a thing, as distinguished from "form". State v. Burgdoerfer, 107 Mo. 1. Black's Law 4th Edition page 1597
Substantial right. Such a right as may be enforced and protected by law.29 The phrase has also been defined as something to which, upon proved or conceded facts, a party may lay claim as matter of law--which a court may not legally refuse, and to which it can be seen that the party is entitled, within the well settled rules of the law. 30 C.J. Volume 60 pages 977 and 978 1932
Remedy. The means by which a right is enforced or the violation of a right is prevented, redressed, or compensated. Long Leaf Lumber, Inc. v. Svolos, La.App., 258 So.2d 121, 124. The means employed to enforce a right or redress an injury, as distinguished from right, which is a well founded or acknowledged claim. Chelentis v. Luckenbach S.S. Co., 247 U.S. 372, 38 S.Ct. 501, 503, 62 L.Ed. 1171. Black's Law Dictionary 6th Ed. page 1294
Unalienable: incapable of being alienated, that is, sold and transferred." Black's Law Dictionary, 6th Edition, page 1523.
Privilege. A particular or peculiar benefit or advantage enjoyed by a person, company, or class beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption. A right, power, franchise, or immunity held by a person or class, against or beyond the course of the law. Black's Law Dictionary 5th Ed. page 1077
License fee or tax. Charge imposed by sovereign for a privilege. Pennsylvania Liquor Control Board v. Publicker Commercial Alcohol Co., 347 Pa. 555, 32 A.2d 914, 917. Black's Law Dictionary 4th Ed. page 1069
Abridge. To reduce or contract; to diminish or curtail. Usually spoken of written language. See abridgment. Black's Law Dictionary 6th Ed. page 8
PRIVILEGES
Privileges come from a sovereign, in the USA privileges come from the government, in Washington State resting in the Revised Code of Washington title 46 is Motor Vehicles and title 47 is Highways and Transportation both titles are to be considered as one chapter (as well as other laws such as title 81 in the RCW's and the Washington Administrative Code) see RCW 46.98.020 Provisions to be construed in pari materia.
Title 47 Public Highways and Transportation RCW 47.04.010 Definitions. (11) "Highway." Every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;
Title 46 RCW 46.30.010 Legislative intent. "It is a privilege granted by the state to operate a motor vehicle upon the highways of this state."
The government can only regulate what it has authority to regulate such as:
-Government activity
-Commercial activity
-Crimes and some crime prevention which is a little bit of a grey area
“Outside areas of plainly harmful conduct, every American is left to shape his own life as he thinks best, do what he pleases, go where he pleases.” Kent v. Dulles, 357 U.S. 116 (1958)
The government cannot regulate the people in their private affairs as stated in Mugler v. Kansas, 123 U.S. 623 (1887), the Washington State Constitution quoted below, and many other primary and secondary sources of law:
"our system of government, based upon the individuality and intelligence of the citizen, does not claim to control him, except as to his conduct to others, leaving him the sole judge as to all that only affects himself.' Mugler v. Kansas, 123 U.S. 623 (1887)
WASHINGTON STATE CONSTITUTION 1889 A.D. ARTICLE I DECLARATION OF RIGHTS
SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
Rights are like muscles you use them or you lose them.
Constitutionally protected rights come from God our creator. The people are endowed with certain unalienable rights as recognized and stated by the founders of this nation in our Declaration of Independence as well as other historical documents.