Practice
Foreclosed
Movement claim: The right to travel upon public highways is a fundamental constitutional right that cannot be converted into a licensable privilege; state driver licensing applies only to commercial use of the highways and is unconstitutional as applied to private personal automobile operation — foreclosed (with the doctrinal seed acknowledged)
The historical commercial-versus-private highway-use distinction is real. The natural-rights doctrinal seed is real. Every modern court has upheld licensing anyway under rational-basis review. Hendrick v. Maryland (1915) does the operative-law foreclosure, and the movement's traffic-court filing strategy guarantees the foreclosure bites at the tribunal least able to engage the underlying question.
7 min read
May 13, 2026