Know it? Of course. Here is the entire thing: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Nowhere does it mention "Pursuit of Happiness" NOR "Right to travel on the highway." And yes, I am a "real" lawyer. I suspect you are not.
Well Robin, #1. Thats in the Declaration of Independence #2. What does pursuit of happiness have anything to do with the video? #3. You can't spell amendment right so I sincerely hope you don't give people advice
@@stevelehto Maybe that's why you have your facts wrong. Lacking in reading comprehension. I said awaiting a reply to my post, not this post. My post under the main video.
Yes, my Mom drove during her entire adult life, 60 years, without a driver’s license. No tickets or accidents. She went to get a license once and left the DMV due to the long wait. 😂
@@AzCoastie1 that is great yeah I think I'd walk out to after driving for 60 years without a license why even bother buying a privilege after that many years of traveling
Try these facts : Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
There is one instance where you do. This is the USA by the way. Not sure if its different elsewhere. I got my regular driver's license and when I turned 21 I studied to get my Class A CDL."commercial driving license" After I past the DMV test I got my CDL Permit. I had to carry both with me cause the license means I can drive a vehicle legally, and the permit say I can drive a tractor trailer with a instructor or teacher with my school. This was 16 years ago and a friend just got their CDL and it hasn't changed.
Under "Show me the victim": I once made a u-turn at midnight with no traffic around except for some headlights way off in the distance. Those headlights turned out to be a cop that proceeded to give me a ticket because there was a commercial building nearby - so my u-turn was illegal. I think sometimes 'traffic laws for the sake of society' can go too far.
I once decided to go ahead at a really long red light at an intersection where I could see in all 4 ways there was no one in sight. What I didn't see was the cop hiding watching the intersection, probably for people just like me. Lol
I'm way old. Some B.S. I have heard now and then since I was a kid is that it is illegal to drive in one state while holding a license from a second state in a car registered in a third state. When the myth is recited it is referred to as "The Tri-State Act." A quick Google shows no such thing applied to this situation.. If it was true I would probably still be in prison for driving in Connecticut in a rental car with New York plates while holding a California license.
♥♥ With all due respect, I HAVE seen videos where calling a supervisor to the scene HAS resulted in the supervisor admonishing the original officer that they were wrong - sometimes for the reason for the stop to begin with. It doesn't happen much, but, it HAS happened.
Supervisors can tell the officers that they are wrong and let you go. It happens. But most times the supervisors tell the citizens the officer is right or enforce the law and issue violations for wasting the officers and aupervisors time.
Something I learned elsewhere is that a driver license is actually state property, and if someone takes your license and destroys it, they are guilty of destroying state property.
Hey Steve, pin this reply and prove me wrong. Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
Steve - I love your videos on drivers licenses. Some things just never get old and you are always able to put a fresh spin on each video. Thanks for what you do! 👍
Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
I was a passenger in a car, a 'friend' was driving, you think you know someone until they get pulled over and do that sovereign citizen crap. Of course I am in the car, I have to be crazy too. Cop comes over to me, first thing I say, you need any of my information it is right here, I didn't know about the crazy, but I doubt this is ending, do what you have to do, but if it is okay I can walk the rest of the way. Shouts of don't do it, we have rights. Cops let me walk, never talked to the nut again.
Sadly, I have watched a video of a murderer and arsonist (he tied a couple up and set the house on fire) demand that the state "show me the victim". It isn't a new phrase and seems to be a misunderstanding of corpus delicti from Black's Law Dictionary 4th ed.
P.O. pulled me over. Without his asking, I handed him my papers and immediately said "I know why you pulled me over officer and I'm sorry. It's my haircut? Right? I'm on my way to the barber, no appointment so you'll just have to take my word for it. Again, I'm sorry." He didn't even look up - he shoved the papers back at me, turned around and walked off. In the mirror I saw his hand go up to his face and his shoulders moving - like he was laughing. I got out of there as efficiently as I could legally travel.
A nice summer day back in 1988 I am driving down the highway with my girlfriend, I am doing 120, maybe more, buried the speedometer. I fly by a State Trooper with another car pulled over on the side of the road. I am thinking there is no way he is chasing me. I was wrong. But I did slow down, sure enough he pulls up behind me and pulls me over, he started out completely serious, do you know why I pulled you over? I have a guess, Do you know how fast you were going (I had nothing to lose at this point, plus I was stoned) No, the speedometer only goes up to 120. He started laughing, asks for the drivers license, registration, insurance. I don't have my license, where is my license?, it is in East Hartford, why do you think I was going so fast? The guy had gone to pissed to having a smile on his face, 1 ticket, failure to obey traffic control or something.
Although I agree with you when discussing federal regulations and federal court cases I cannot reconcile these to the US constitution especially the Bill of Rights specifically the ninth and tenth amendments. Individual states do have authority to regulate certain aspects of citizen behavior but as written in the constitution the federal government does not have the authority beyond what is specifically identified in that document.
The Supreme Court has held up the right of a state to regulate road traffic for the safety and well being of its citizens, as you say, it doesn't say anything about how a state may do that. Many of these 'sovereign citizens' quote mine part of the Court's judgement to make it sound as though it says something it doesn't regarding the right to travel.
Try these facts : Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
I once met a guy who claimed there is no law requiring payment of Federal income taxes. A couple years later I came across a 3rd Circuit COA decision regarding his unsuccessful appeal of his conviction &/or sentence.
I know this isn't exactly the point you were trying to get across about supervisors, but I have had to call a supervisor to the scene on numerous occasions back in 1990 when I was in high school and it did help me. I lived in a small town in Ohio and one of my classmates who was a bully back in middle school (1986-87) was in the habit of beating up smaller kids for no reason. Nobody would report this or confront him. One day I saw him going off on a kid a couple of lockers down from me and I "accidentally" sung my locker door open and hit him in the back of the head requiring 6 stitches. This time everyone in the hall actually told the truth when they were brought into the VP's office and he was suspended for one week. His mother (an English teacher) and his father (a police officer) were furious that I wasn't suspended as well. Fast forward back to 1990 and I had just got my license and first car. Apparently his dad (the police officer) was still holding a grudge. He would pull me over 2-3 times a week for about a month for stupid things (one was my brake lights weren't a dark enough shade of red!) He never issued citation, but would waste 15 to 20 minutes each time with me on the side of the road. After a while I became tired of it and started asking for his supervisor. The first couple of times he ignored the request, but eventually relented. After the supervisor coming out a couple times a week for stupid stuff the supervisor visited my house to talk to my parents and I and the only time I was pulled over by this specific officer was two years later, in 1992, for speeding - 31 in a 25. I usually wouldn't recommend wasting a supervisor's time, but in cases like harassment (and there is no other way to define this) it did seem to help.
You don’t need a license to drive... but you definitely need one if you get pulled over by the police. As to following the laws, in the words of Teddy Roosevelt: “No man is above the law and no man is below it: nor do we ask any man’s permission when we ask him to obey it.”
Try these facts : Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
Most people who hold a drivers license seem to forget that they signed a form of agreement when they got a license. In my state of Idaho, it’s called “Implied Consent.”Meaning that the individual agrees to present their license during a traffic stop, as well as subjecting themselves to a breathalyzer and/or blood analysis in a possible DUI investigation, and are therefore essentially waiving those rights the minute they apply for a drivers license. It absolutely is a contract.
A note about an offhand comment on supervisors. Here in Michigan the Governor is not a Mayor's supervisor. I should know. I have held the Mayor's post in my home town for the last 7 years.
you are probably young then, they have been pushing that idea for a couple years even here (north of the border) but it's still not thru .... since everybody having it by default is not the definition if privilege but saying it that way make it sound like the government is giving you something lol....the government would disappear and you would still be able to drive you car .... what a privilege It's only a controlled activity ...
@@moreause That was many years ago, much longer than you suppose. NJ (the state) was saying driving for numerous reasons is regulated activity and to drive in NJ (or any state) you had to prove a level of competence before being allowed to drive, thus privilege not right.
fuck i hate you tube ... for some reason doing back space on a whole paragraph will erase it from time to time lol over here i would say the privilege nonesense as appeared 5 to 10 years ago when i started driving there was not such issue (32 year ago) you did the test ... they give you a permit you had to much ticket ... no more permit no such crap like privilege or right only controlled activity now the word seem to be used like the governement is GRANTING us something lol.
Is that a Navitimer? Cool watch. And don't forget birth certificates are really certificates of lading like when you "berth" a ship. So you are property under maritime law. The current Black's Law includes "a piece of computer software" in its definition of driver. I'm just waiting for the claim "I'm not a driver cos I'm not computer software". Calling a supervisor comes from the belief you can only be detained a certain time before you must be released and it runs down the clock. And no victim means no corpus delecti :-)
Steve, laws are written in the English language. The accepted definitions of the words in that language are absolutely relevant to what the text of the laws mean unless that text explicitly provides the intended definition. Additionally, the dictionary that was available to the lawmakers at the time the law was composed defined the language available to those lawmakers. Sometimes newer definitions are more precise and more consistent with the lawmakers' intent, but this is not necessarily so.
Except that the laws themselves contain definitions. You think that a dictionary definition overrules the actual definition the lawmakers put into the law itself? (If so, dictionary publishers have more power than the legislature.)
During Drivers Ed way back in the 1980’s , when I took it in High School, the Teacher said that the Driver is the one behind the wheel that drives the car, Hence the name Driver. This person is 100% responsible for the actions or control of the car. That’s all I needed to understand that I am not traveling but Driving the car. The Washington State booklet says in the first paragraph that this book is not a law book but an instructional booklet and cannot be used as a defense in court. It did not say traffic court it said court. I took that to mean that if I hurt someone while driving I may find myself in court that is not traffic court so, I should be more responsible behind the wheel. No one had to tell me that. Came up with it on my own. In college I used as a reference a book that was old, 3rd edition and I got a lower grade because the instructor just knew there was an new addition available (before the Internet). The information was the same but it was still an old edition. Same with using old dictionary’s. The people on the Internet I have seen all claim to be college graduates and so they should know that using such an old book when newer ones have redefined or updated their definitions, their arguments are wrong. I was also told that a cops doesn’t have to tell you anything and they have 72 hours to notify you of any charges if they arrest you. So asking and Not getting an answer on “why did you pull me over? “ is within the cops right. The drivers handbook, also talks about who can ask for your license police, bartenders, doctors, then the next paragraph says you must surrender your license upon request. I didn’t need the paragraph to go into great detail since paragraphs before this one has already explained it. When I signed for my license, it again had a sentence that said that. The rules for having that license, says by signing this card I agree to surrender it upon request. I look to the police for stopping reckless drivers as protecting My life and property. So the “Where’s the victim” I point to everyone around saying anyone here could have been the victim but the police did their job by stopping you from damaging a life or property. They are being proactive instead of waiting till after the fact. When people argue with me I say - so you would rather be in an accident with that reckless driver then have them stopped before your new to you car gets damaged? When they say No - I say that’s why they stopped you. You were that reckless driver and they protected me from you. I am always told that I do not understand the situation. Which I reply I do, it’s you who don’t like my answer because I am not agree with your stupidity.
Cattle drivers were also drivers, but they did it as a profession commercially and they needed to be regulated because the cattle always ruined the road.
Cops don't have "rights" they have duties and obligations. Does having a license make you somehow unable to be reckless? Your arguments are juvenile and slavespeak.
Try these facts : Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
I will just throw this out there. Because of the job I did as a full time heavy equipment repairer for the Army National Guard I've driven an army tank on the road. Strangely the military requires you to have a license for whatever equipment you are operating. If you operate said equipment on a public roadway you also need a valid state license to operate that equipment. I'm not even going to go into driving big rigs for the military and not needing a CDL to do so. Except to point out that if we hit a weigh station we were generally waved through without having to stop.😎
I've been in the military too. Sometimes I would do duty as a duty driver, driving a military vehicle. I was required to have a license to drive the vehicle, although the vehicle did not have regular state tags.
"Dam Lying Squirrels!" Love the reference to Letterman top ten. This quote is from the top 10 ways to tell your neighbor is a serial killer. For some reason I can't forget it. It makes as much sense as thinking that a license to drive a motor vehicle is not required. Requirements for a license to drive a motor vehicle in no way infringes on a persons right to travel. One can ride as a passenger in a vehicle, or walk, ride a horse, wagon, carriage, bus, train, airplane. It simply requires that the inherently dangerous act of operating large motorized vehicles has minimum requirements for their safe operation in order to protect the public. If drivers licenses are not required for autos, why would they be required for aircraft, buses, boats, or trains? I personally want others driving any vehicles to have proof that they passed a minimum training to safely operate any such vehicles.
Try these facts : Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
@@tdgdbs1 no not really . But if i live to be 120 ill still be money ahead if they take my car every month and fine and imprison me for 6 months . All my disposable cars are in someone's else's name and tagged and insured to the hilt.i lose a car and money about every 4 or 5 years or so.
@@nicksorenson1783 first was 7 months for driving on a suspended license . Several for 6 months . And a few with no jail time.ive got a personal enemy at the da's office that is now a judge . F me.i left commifornia about 13 years ago and have only had a couple problems .
question: If I obtain a CDL class A and/or B in Pa and I move from one state to another do I still need to be tested? or are all states automatically grandfathered? When you obtain a CDL are you obtaining a license that is federal or state controlled? this is questioned because if you have an accident the NTSB might show up? I think you need a drivers license when ever your on public roads not private property?...example check #1 hog island road Philadelphia ramp area I would drive all around equipment that weights well more than 24,001 LBS on a class regular C.
I seem to remember that when I got my license I had to agree that I HAD to submit to DUI tests on the side of the road or lose my license. I've looked and can't confirm that. Is my memory faulty?
That is implied consent. It's for commercial vehicles. Please read this and learn what a privilege is. Try these facts : Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
Oh sure. Next you’re going to tell me that Jack McCoy screaming at and berating a defendant until he spills his guts while his defense attorney sits there silently and completely dumbfounded isn’t real life.
Might we add the common misconception that "driving without a license" doesn't mean you simply don't have the license certificate with you? It means you aren't *licensed* to drive. Yes, you're supposed to have the actual card with you when driving, but not doing that is a lesser infraction than driving without a license. The card isn't the license, in the legal sense; it's the proof that you *are* licensed. Is this correct? Fred
You also see those who get pulled over and quote what was in place prior to the present Constitution and more recent State and Federal laws. Again being blind to the fact that newer laws and regulations replace the old, it's not a pick and choose.
Try these facts : Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
So Hawaii is the best state to get a driver's license. No need to worry about getting stuck in a state you contracted with and no pesky laws to hold you back. Your channel is the best!
"I'm traveling, not driving". Anyone can travel on a public roadway, and by various means. ie: walking, jogging, hopscotching, pushing a nut with the nose, bicycle, pogo stick(do they still have those?)... Operating an auto has special requirements. That is the law, just ask Steve. The argument about tax legality is for another time.
"New Hampshire House Bill 1778 NH State Legislature page for HB1778 Bill Title: Relative to registration of commercial motor vehicles and operator's/drivers' licenses. Spectrum: Partisan Bill (Republican 3-0) Status: (Introduced) 2018-02-15 - Inexpedient to Legislate: Motion Adopted Regular Calendar 287-44 02/15/2018 House Journal 4 P. 8 [HB1778 Detail] Download: New_Hampshire-2018-HB1778-Introduced.html HB 1778-FN-A-LOCAL - AS INTRODUCED 2018 SESSION 18-2144 03/10 HOUSE BILL1778-FN-A-LOCAL AN ACTrelative to registration of commercial motor vehicles and operator's/drivers' licenses. SPONSORS:Rep. Marple, Merr. 24; Rep. Itse, Rock. 10; Rep. Comeau, Carr. 5 COMMITTEE:Transportation ----------------------------------------------------------------- ANALYSIS This bill restates the "right to travel" and requires the department of safety to provide at no cost to all noncommercial automobile and noncommercial conveyance owners a decal and identification card that states the holder is exempt from registering his or her private conveyance under the Uniform Commercial Code exemption for consumer goods and household goods."
You cannot operate an army tank on roads in most states that use a tank tread and not a tire, due to laws that inhibit the use of chains as well on tires. As they destroy the roads. It will greatly depend on which state you are in to see if this is true. Common law may allow you to operate said tank in a state that does not allow it if you were to drive it lawfully from a state that does allow to a state that does not. However, the tank would be required to have all lawful requirements to be considered a vehicle. Headlights, break lights, and turning signals in the least. As well as respecting that most tanks are not able to reach the speeds required to enter onto highways.
@@elultimo102 this is true. Though, as that is more of a new technology. There has also been no reason for states to change the laws of old on such. Outside of rare instances of tanks being allowed to travel on streets. And, obviously construction equipment can at times match the weight and power of a tank, often find themselves on our roads. There are even a number of tank tread mods like you mentioned with rubber for trucks. The expense of them keep much of this being something common though.
He's not. Read this: Hey Steve, pin this reply and prove me wrong. Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
At the other end of the spectrum: "Do you know why I pulled you over?" "Uh, my windshield is soiled?" Never admit anything smacking of guilt in the actual situation.
Actually, asking for a cop's supervisor can indeed sometimes help if you think the cop is being unreasonable. Many a supervisor has really chewed out a rogue/overzealous/egotistical cop for overstepping his bounds, disregarding/misinterpreting the law, or violating people's rights. Just be sure in your mind that you are indeed being treated unreasonably, and also if said unreasonable action is really worth "going up the chain of command" about... sometimes it's better to merely comply with a fairly minor injustice (like overly-personal questioning) if you think it won't likely hurt you in the long run.
NEVER, NEVER argue nor be antagonistic to a Police Officer that has pulled you over!! It will only make things worse!!! The Officer doesn't want to be out there writing traffic tickets anymore than you want to be getting one. They are just doing their job, show them some respect and they will treat you with respect as well. If you disagree with the Officer, the place to state your case is in the courtroom in front of a Judge and let the Judge decide who is right!! Believe it or not, I have had judges agree with me and dismiss the ticket. I had one ticket dismissed because the officer that was operating the radar gun was not the same one that wrote the ticket so the ticket was based on hearsay and the Officer that was operating the radar was not available to come to the courtroom. There are procedures in place in every state as to how traffic citations are handled. Follow the rules, let the system work the way it is supposed too. And it does work. You may not win in the end but you will have you say and you won't make things worse by berating a Police Officer that doesn't want to be there writing you a ticket anymore than you want to be receiving one!
Try these facts : Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
I love these videos about these absurd myths. These are the kind of thing people obviously heard or read online, and blindly repeated without thinking critically. Like you said, it takes a SINGLE google search. It's a great glimpse into how people think the law works. As if the job of the lawyer is to pedantically read the law and look for loopholes in definitions, or apply something completely irrelevant when it suits them, or ignore all logic.
@Frank Lewandowski I'll play Devil's Advocate here. One argument against necrophilia (I can think of several others) is that it is “desecration of a corpse”, the knowledge of which will probably make its way to relatives of the deceased, who would then be troubled by it. On the other hand, I can think of other crimes which are about as victimless, or not, as necrophilia. One example (to open a giant can of worms) is Flag Desecration. Of course, it isn't a crime because the Supreme Court has ruled that it's protected First Amendment activity. But humor me. Say your neighbor has hundreds of American flags and every night, in the privacy of his home, with all the window shades drawn, he spreads one out on the floor and takes a big ol' crap on Old Glory. Then he burns her up in his fireplace or dissolves her in a jar of acid. No one ever finds out about this. He has desecrated the flag. Has a crime been committed? Should it be a crime? I'd argue his actions as described cannot possibly cause harm to society. The harm, if any, is only if he performs the deed in public, deliberately using the act to provoke his audience and insult one of their cherished values. Going one step further, suppose one night you catch a glimpse of his nightly ritual. You know that he doesn't know what you saw. Are you upset? The “crime” of Flag Desecration isn't in the act per se; the injury to the viewer is in having their political beliefs mocked by another person. It isn't much different than insulting their spouse to their face, or burning a Bible in front of them.
Au contraire Steve! If you made 6 to 12 hours of content on the generalities of contract law I would watch all of it! If you made more than that much it would be even better. Everybody who rents or owns a house should learn contract law in my opinion.
Comment on Myth 5 and dictionaries more generally, one reason to prefer an old dictionary over a new is if it's out of copyright. Sure, most of the time it's easy enough to access a recent version with that handcom you carry around, but you aren't allowed to copy that one without permission.
I remember creating a website for high school for a reference in an essay. I think I got away with that twice. as such I've treated ransom sites telling me what i want as suspicious.
They almost completely fail to grasp the meaning of what they are using in their arguments. They have such tunnel vision that when they find a line in a court decision that they like, they are completely blind to the real meaning of the court's decision.
@@pedrowhack-a-mole6786 "New Hampshire House Bill 1778 NH State Legislature page for HB1778 Bill Title: Relative to registration of commercial motor vehicles and operator's/drivers' licenses. Spectrum: Partisan Bill (Republican 3-0) Status: (Introduced) 2018-02-15 - Inexpedient to Legislate: Motion Adopted Regular Calendar 287-44 02/15/2018 House Journal 4 P. 8 [HB1778 Detail] Download: New_Hampshire-2018-HB1778-Introduced.html HB 1778-FN-A-LOCAL - AS INTRODUCED 2018 SESSION 18-2144 03/10 HOUSE BILL1778-FN-A-LOCAL AN ACTrelative to registration of commercial motor vehicles and operator's/drivers' licenses. SPONSORS:Rep. Marple, Merr. 24; Rep. Itse, Rock. 10; Rep. Comeau, Carr. 5 COMMITTEE:Transportation ----------------------------------------------------------------- ANALYSIS This bill restates the "right to travel" and requires the department of safety to provide at no cost to all noncommercial automobile and noncommercial conveyance owners a decal and identification card that states the holder is exempt from registering his or her private conveyance under the Uniform Commercial Code exemption for consumer goods and household goods."
What are you doing? Roadside lawyers getting their windows busted out is better than half the stuff on TV. You educate these guys and we're back to the home shopping network.
Helpful Tip for Texans: Due to the pandemic, you can renew your License Plates in Texas online. Get the online link from your Texas License Renewal Notice. When you register online, it takes a week to receive your windshield sticker AND you save $1.00 (compared to going in person). Avoid going to your local Tax Rep Location, and possibly contracting COVID-19. Be Safe! Sadly, you still have to take your vehicle to get State Inspected first, then go online and register!
Bit of trivia. Got a MI license when I was 16. Grew up, left MI and pursued career. When I retired and came back to MI, I was surprised that the number on my license was SAME NUMBER that I had 35+ years before. lol (found out MI uses a hash up of name, birthday, etc... so that's why it was the same)
Not disputing anything said in the video, but I had a co-worker who was driving (or was it traveling?) in Texas, when suddenly, a low-flying owl got in the way of his windshield, and joined him inside the cab. There was glass, feathers, guts, blood, and paperwork everywhere, from the dashboard all the way to his pillows in the sleeper. It was a really bad night for him, and I suspect it was probably an even worse night for the low-flying owl, who SHOULD have taken the night off and been a low-lying owl instead. As I recall, the owl, when asked, didn't request either a lawyer or a doctor, so some pictures were taken as evidence that the owl had entered the cab without permission or invitation and would not leave voluntarily when asked to do so. It is unclear whether the driver or the company had to threaten the owl with a lawsuit for damages or not. I also recall that the driver spent quite a bit of time cleaning up the mess, and it went on for days to come, as more glass/mess was found. As a result of seeing this happen (second-hand, of course), I have vowed to try very hard to keep my windshield well away from low-flying owls. Since then, I have been successful, however, other smaller birds have not been lucky enough to have steered clear. I'm just really glad that there aren't too many low-flying deer, cattle, elk, moose, or pedestrians.
You don't need PC for a stop, just RAS - reasonable articulable suspicion. That's not much at all. Plus I don't know anyone in LE stopping vehicles just because "they feel like it".
Another myth of driver's licenses: having a license means you know how to drive (making the vehicle move), it doesn't mean you're driving properly (following the rules).
Try these facts : Tennessee 55-4-101 says registration and fees are a privilege tax. But look at Tennessee definition of a privilege and try to prove that it isn't commercial. Tennessee Constitution Article II Section 28 The Legislature shall have power to tax merchants, peddlers, and privileges, in such manner as they may from time to time direct, and the Legislature may levy a gross receipts tax on merchants and businesses in lieu of ad valorem taxes on the inventories of merchandise held by such merchants and businesses for sale or exchange. 31. Associated-Words Canon Associated words bear on one another’s meaning (noscitur a sociis). Privileges are associated with merchants and peddlers. Watersv.Farr Supreme Court of TennesseeJul 24, 2009 291 S.W.3d 873 (Tenn. 2009) . Because, however, the tax cannot be classified as either a tax on merchants, a tax on peddlers or a tax on privileges, as authorized by our state constitution, the judgment of the Court of Appeals is affirmed. The language of the statute suggests that the legislature intended the tax to be one on privileges. First, the statute was codified under Title 67, Chapter 4; that chapter of the Tennessee Code Annotated is entitled "Privilege and Excise Taxes." The designation is significant because we have used the terms "privilege tax" and "excise tax" interchangeably. Senter, 260 S.W. at 148 ("Whether the tax be characterized in the statute as a privilege tax or an excise tax is but a choice of synonymous words, for an excise tax is an indirect or privilege tax.") As an initial matter, privileges designate a larger and more indefinite class of objects of taxation than merchants and peddlers. Phillips v. Lewis, 3 Tenn. Cases 230, 240 (1877). The "fixed legislative and judicial definition" of the term "privilege" as adopted in the 1870 Constitution was set forth by Chief Justice A.O.P. Nicholson in Jenkins: What are privileges, is a question of construction dependent upon the general law. We have defined it in several cases to be, the exercise of an occupation or business, which require a license from some proper authority, designated by a general law, and not open to all, or any one, without such license. It is a power of the Legislature alone to create privileges, and forbid their exercise without license. Tennessee Supreme Court JOHN W. PHILLIPS v. W. G. LEWIS, TAX COLLECTOR, ETC. 3 Tenn. Cas. 230 Jan. 1, 1877 5. SAME. Ownership of property cannot be taxed as a privilege, but the business in which it is used may be taxed as a privilege. The legislature cannot, under our constitution, declare the simple enjoyment, possession, or ownership of property of any kind a privilege, and tax it as such. It may declare the business, occupation, vocation, calling, pursuit, or transaction, by which the property is put to a peculiar use for a profit to be derived from the general public, a privilege, and tax it as such, but it cannot tax the ownership itself as a privilege. The ownership of the property can only be taxed according to value. (P. 245.) 9. PRIVILEGES. Definition of the term “privilege” as used in the state constitution. The settled judicial construction, interpretation, and definition of the term “privilege” a,t the time of the adoption of our constitution in 1870, in which sense the term was used in that instrument, was, “the exercise of an occupation or business, which requires a license from some proper authority, designated by a general law, and not open to all, or any one, without such license.” The essential element of the definition is occupation and business, and not the ownership simply of property, or its possession or keeping it. The tax is on the occupation, business, pursuits, vocation, or calling, it being one in which a profit is supposed to be derived by its exercise from the general public, and not a tax on the property itself, or the mere ownership of it. (Pp. 242, 243.) Cited wdth approval: Mabry v. Tarver, 1 Hum., 94; Cate v. State, 3 Sneed, 121; State v. Schlier, 3 Heis., 283; French v. Baker, 4 Sneed, 193 [see Robertson v. Heneger, 5 Sneed, 258; Columbia v. Guest, 3 Head, 414; Jenkins v. Ewin, 8 Heis., *2334?&; Clarke v. Montague, 3 Lea, 277; Dun v. Cullen, 13 Lea, 204; Railroad v. Harris, 15 Pickle, 702]. Cited and construed: Code (1858 and T. & S.), sec. 550; M. & Y. Code, sees. 604, 617; Shannon's Code, secs. 692, 712. 10. SAME. Same. Legislature cannot declare anything else not included in the definition a privilege and tax it as such, and destroy ad valorem and uniformity of taxation. Jack Cole Co.v.MacFarland Supreme Court of Tennessee, at Nashville, December Term, 1959Jun 6, 1960 337 S.W.2d 453 (Tenn. 1960) It cannot be denied that the Legislature can name any privilege a taxable privilege and tax it by means other than an income tax, but the Legislature cannot name something to be a taxable privilege unless it is first a privilege. "A privilege is whatever business, pursuit, occupation, or vocation, affecting the public, the Legislature chooses to declare and tax as such." Corn et al. v. Fort, 170 Tenn. 377, 385, 95 S.W.2d 620, 623, 106 A.L.R. 647. If ANYONE can show where a privilege tax on registration could be non-commercial using "The "fixed legislative and judicial definition" of the term "privilege"" , please let me know. I only have up to Black's 9th and this is the definition from it : privilege tax. A tax on the privilege of carrying on a business or occupation for which a license or franchise is required. [Cases: Licenses If you have a newer version, with a different definition, please show me. But since the statute has been re-enacted since before the 9th edition, this one will still apply. Or try these two definitions, also from Black's 9th : license fee. 1. A monetary charge imposed by a governmental authority for the privilege of pursuing a particular occupation, business, or activity. activity. 1. The collective acts of one person or of two or more people engaged in a common enterprise.
Police may not be required to tell you the reason for a stop but surely they are required to have a reason for a stop? They can't lawfully stop drivers for no reason at all can they?
Actuallu, they CAN pull you over for no reason at all. And they don't have to tell you whether they had a reason or not. But, since they don't have to give you a reason you were pulled over, you'd never know if they had one or not. Also....you may be familiar with the trope of a cop pulling someone over and telling them they had a busted taillight? That comes from the old days in some jurisdictions, where they did have to have a reason: they'd bust out the taillight on their way to ask for your license...
The police always have a valid reason to conduct a traffic stop 1) you were weaving and failed to stay in your lane 2) We had a report of a car like yours waving a gun 3) A vehicle described in a robbery is similar to this one 4) you have a headlight out, Yes it's 2:30 in the afternoon 5) you were not wearing your seatbelt 6) you were driving while black 7)))) Ad Infinitum alway a valid reason
The traffic laws are legal, they are just misapplied to non-commercial persons. They are only applicable to vehicles in commerce. But the problem is that when you purchase tags, you're actually registering as a vehicle used for commerce. Tenn code 55-4-101 says that the fee for tags is a privilege tax. But people don't know, by TN Supreme Court rulings (Waters v. Farr and Philip v. Tax Collectors which Waters quotes), a privilege is defined as a business or occupation in which a profit is derived from the general public. Ie... Commerce.
great list, whenever I get a link or msg from people that says you need to read this... the first thing I do is goto google and type in "subject" followed by "Scam or Fake" and see what pops up! then send them back the question "did you bother to do a search before forwarding to all your friends?"
I was suprised to learn in inservice as a Deputy Sheriff that only a State Trooper may pull someone over simply to check the Drivers license, no offense is needed. All other officers must have an offence. This is TN, I have no idea about any other State.
Not sure if this is the one you asked for about driver (operator) license, but here is a SCOTUS case. 18-556 Kansas v. Glover (04/06/2020) - Supreme Court
Doesn't address the need for a DL. But it DOES allow LEOs to pull you over if they think you don't have one. Kind of goes the other way (it suggests that states CAN require DLs). "an investigative traffic stop made after running a vehicle’s license plate and learning that the registered owner’s driver’s license has been revoked is reasonable under the Fourth Amendment."
I think the "Show me the victim" thing is, in part, based upon the libertarian philosophy of "victimless crimes". I have friends who will STILL argue that prostitution, drug offenses, and driving infractions are all "victimless" crimes. When I point out the laws that protect society at large, as you did, they accuse me of being an authoritarian of some degree. I respond that our country is not based upon Atlas Shrugged or Fountainhead, but upon Common Law, Case Law, and above all, the United States Constitution.
@@Alexagrigorieff yeah, pretty much. I used to be very interested in Libertarian thinking until I noticed that the system it is based upon, Ayn Rand's "Objectivism", is an unbalanced overreaction to communism. (It is Communism's mirror image, in fact. One says, "we know what is best for you and you will comply. " The other says, "I'm my own deity, how dare you try to limit me... "
I think that people believe #8 (not having to give your license without an explanation) is true because many police departments will do that as a courtesy. The last couple of times I was pulled over, the officer identified himself by name and department, told me why I was being stopped, and then asked for my license. They were also kind enough to say, "I'll be back with you a soon as I can so you can go on your way. I’ll try not to take too long."
Watch. That's all I ask. If you feel like hitting the thumbs up, sure. I don't even care about the commercials. I'll get the results if I get the traffic. Believe it or not, I'd like it most if you told other people about the channel. I suspect that people who like my videos have friends who would also like them. And thanks for asking!
Even if the driver licence was a contract, it did specified that it can be cancelled by the state, and that you must follow the agreement (laws/rules) or else you agree to pay the fines associated with those violations, and risk the cancellation of the contract. And you signed it! It is common in some big contracts to have fines defined for many reasons, like when the project is late or non-conform. Really, there is not much difference between a licence and a contract.
