Time: Thu Oct 31 10:04:58 1996
To: Christianus Dei Gratia <scrc@cogent.net>
From: Paul Andrew Mitchell [address in tool bar]
Subject: Right to Travel
Cc:
Bcc: Liberty Law
At 08:47 AM 10/31/96 -0800, you wrote:
>The following is My firm belief on the current state of the
>"Right to Travel" issue.
>
>"Within the meaning of 'a right to travel', means
>migration with intent to settle and abide."
>Strong v. Collatos, D.C. Mass., 450 F. Supp.1356,1360.
This is not an exclusive definition,
but a clarification, to wit: "a right to travel"
embraces "migration with intent to settle
and abide", but is by no means limited
to same.
>
>"Migrans jura amittat ac privlegia et immunitates
>domicilii prioris, or, One who migrates or emigrates
>will lose the rights, privileges, and immunities of his
>former domicile."
>Maxims of Law, Black's 6th, page 992
This is a restatement of the
Privileges and Immunities Clause
in the organic Constitution.
See Article IV, Section 2, Clause 1.
>
>"Basic constitutional right exemplified in case of
>persons applying for welfare assistance is a state
>in which they have not resided for a prescribed period
>of time. It is said that to deny such a right to such
>persons is to inhibit their right to travel and hence to
>deny them equal protection of the law."
>Shapiro v. Thompson, 394 U.S. 618, 89 S.Ct. 1322
This equal protection is probably
the one mentioned in the so-called
14th amendment [sic].
>
>"The sovereign authority can extend only over those
>who are subject to it, it cannot, therefore, regulate the
>rights of foreigners. But if they come within its territory,
>either to reside or travel, they are considered as
>submitting themselves to the authoirty of the laws of
>the country, and they are bound by them. This is
>perfectly reasonable, for during their stay in the country
>they are protected by its laws."
>1 Bouvier's Inst. of Law (1851) p.38
For example, they are protected
by the California Civil Code which
says that the common law is the
rule of decision in that Republic.
>
>"Since March 9, 1933, the United States has been in a
>state of declared national emergency... Under the powers
>delegated by these statutes, the President may: seize
>property...organize and control the means of production;
>seize commodities; assign military forces abroad; institute
>martial law; seize and control all transportation and
>communications; regulate the operation of private
>enterprize; RESTRICT TRAVEL; and, in a plethora
>of particular ways, control the lives of all American citizens."
>Preamble from Senate Report 93-549, 93rd Congress, 11/19/73
>Special Committee on the Termination of the National Emergency,
>United States Senate.
"Imagine, for a moment, that I am a Senator.
"Then, imagine if you will, that I am an idiot."
"But, alas, I repeat myself, again, and again."
Paul Mitchell imitating Samuel Clemens
>
>I believe there is an alternative, but I've not seen it within
>the remarks that have been written thus far in this thread.
>
>Robert Happy
Time to unravel it then, Robert.
Gofer it!! ("fer" means "to carry" in Latin).
>----------------------------------------------------
>Christianus Dei Gratia
>Sanctuary Christian Resource Center
>scrc@cogent.net
>Web Site = www.cogent.net/scrc
>
>
Return to Table of Contents for
Supreme Law School: E-mail