unregistered vehicles is a farce
having and using a vehicle on public property is a privilege and of course the public requires insurance,registration, and operability for presence and use on a public highway
But a vehicle is personal property and having it on private property is a right
Registration is not an attribute that alters the appearance of a vehicle or any other stimuli affecting any other of the senses ...
Registration is not in any way related to presenting a nuisance .
Unregistered personal property of any sort on or near an address is not a factor in determining real estate valuations.
regulation can only apply to license
License is official permission to engage in an illegal activity
License is privilege
Registration is a requirement for engaging in a privilege
registration these days requires insurance and you also have no duty or responsibility to insure your personal property unless engaging in the privilege of using it on a public highway
In fact you can get drunk and drive your car on closed private property and not legally be charged with drunken driving because the whole of motor vehicle code is restricted to only operation on a public highway.... off highway ownership and operation remains a right.
I forget the supreme court cases but in the past when localities and states tried to implement motor vehicle code, drivers licenses, and registration, when fought the supreme court ruled owning and driving was a protected right.
The states then passed laws making it a crime to operate a motor vehicle on a public highway.
They also created license or privilege to engage in this illegal activity of driving.
if you drive without permission you are committing a crime and the legal jeopardy falls on your person. you can be fined and you can be imprisoned.
If you do have permission (license) and you violate the regulations (motor vehicle code) then the legal jeopardy now falls upon not your body but upon the license. You have been given permission to engage in a sanctioned criminal activity. You cannot therefore be incriminated for engaging in this activity and the requirements to maintain permission are that you abide by the rules regulating the sanctioned criminal activity.
Fines are thus levied against your license and they can a-lien or seize your license for violating regulation but they cannot incriminate you or imprison you for violating regulation.
On the other hand if you do engage in the criminal activity unsanctioned you can be put in jail.
Confusion arises in the mess of laws and ordinances but most generally offenses of regulation bear upon the license, and offenses of statue bear upon the body of a person.
If a license is not required for an activity and the activity is not a crime, then there is no power of law to regulate of the activity and the activity remains a right.
Authority: Author-ity...
"ity" at the end of Authority indicates that the word Authority is an attribute of an author. The government has no authority in the same way a ghost writer is not the author of a work.
What the government has are limited powers and duties they must execute.
If they fail to do so these powers and responsibilities return to the states which gave them to the national government, and if the states fail these powers and responsibilities revert to the people.
We the people in whom all authority is reserved.
The due process initiating the reversion of power is automatic as outlined in the 10th amendment.
The act of government initiating the reversion of power is the failure to execute the duties or any attempt to author for itself power to the fed from the states or power to the states from the people.
County and local governments are chartered under state constitutions. they are not "the people" they are party to the states.
As in a court case "The people vs john doe" the court, the county, and the state are not "the people". the court in this case is merely officiating or executing the will of the individuals in that jusrisdiction. You and I.
It involves an understanding of the rule of law.
In the rest of the world up until the founding of our constitution the relationship of man and government has always been that:
The law protects government
The law rules over the people
When Americans became free. when we overthrew our sovereign king and reclaimed our individual sovereignty we accepted no other king over us.
We chartered a government in common law using a legal instrument we named "The US Constitution" and we established it as the highest law of the land over any other regulation statute or ordinance.
In this act the constitution born of common law does not succeed common law and remains subject to it.
The constitution was Authored by "We The People" the individuals who are native to or reside in this jurisdiction. The government did not author the constitution, the founding fathers wrote it as a ghost writer writes for an author, any authority exercised by the founding fathers was as individuals not as government.
Individuals are the Authors and in the individual all authority is reserved.
the Constitution does not give us rights, it charters the framework for government and regulates how government may be exercised.
The rule of law rules over the government and protects the people not the other way around like in the rest of the world.
