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During the original debate over the Bill Of Rights, a primary concern was that the failure to enumerate a right would be construed as non-existence thereof - ex
by ctdonath 12y ago
During the original debate over the Bill Of Rights, a primary concern was that the failure to enumerate a right would be construed as non-existence thereof - exactly the opposite of what the Founding Fathers intended.
Methinks if the Founding Fathers had conceived of the notion of vehicular transportation being prohibited without governmental consent & licensing, they wouldn't have hesitated to include that as a fundamental right (just as security requires armaments, and speech requires presses - ownership & use of equipment facilitating both explicitly may not be infringed/abridged). As the notion of vehicle licensing (both horse and horseless) was never considered, unto inconceivable, they didn't enumerate it as a natural right. Require a driver's test and license a horse & carriage? absurd! ...well, now the technological improvement plus lack of enumerated right means 'tis common to construe vehicular travel as a "privilege" in a society where one is darned near dysfunctional without.