A Courageous Michigan Could Fight Back…
I suppose you could call it a pet peeve of mine, but perhaps it is something that simply demonstrates the slippery slope of government control over your life through incremental legislative actions. Seatbelt legislation is not alone in the vile use of government power over it’s people, yet it can be the most easily demonstrated failure of our constitutional principles, and subsequent loss of rights.
The 4th amendment reads as follows:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
When the original seatbelt legislation was enacted, legislators in Michigan deemed it appropriate to state that no traffic stop could be initiated upon the officer’s suspicion that a seatbelt was not being used. Three decades later, we find ourselves with seatbelts as being a reason to detain, search and generally violate our 4th amendment rights.
The police can now stop you based on the suspicion, or “stated suspicion” that you weren’t wearing a seatbelt. This allows them access to your private possessions (your vehicle etc.) without due process.
Seatbelt laws are BAD LAW. Individuals have the right to determine what is healthful for them. Use of “in the public good” tenants are generally used citing higher health care and insurance, and other “costs” to society. However, those costs are in reality brought about by leaders who burden our system with “cradle to grave” philosophy. We should not allow poor government philosophy to violate our constitutionally protected rights.
Michigan’s seat belt laws should be repealed.
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Excellent point about the law not being just a “nanny-state” law, but one that actually supplants the constitution.
Another example of this is concerning federal firearms regulations. In order to be in the business of selling firearms, you must have a Federal Firearms License. In order to get this, you must allow the BATFE to enter your premises once a year to ensure whatever compliance with whatever the rest of the regulations are. Actually, this might be a good article idea.
But jgillman, don’t you know that driving is a privilege, not a right?
IN A PIG’S EYE IT IS! To pursue happiness in a modern industrial civilization like the U.S. – that is, to earn a liveliehood, acquire property, enjoy The Good Life – it is necessary to DRIVE A CAR. In other words, this activity is part of the right to pursue happiness that is recognized by our nation’s founding document, the Declaration of Independence (which despite the conceit of some liberals really is a part of our constitution, and so has force of law).
Personal pet peeve. Thanks for highlighting (read: lowlighting) it.
Just remember, everybody… click it or ticket…
–Nick
http://www.RightMichigan.com
And the people thought the State cares about there citizens.
“If You value anything above freedom You will lose it.”
Well, here’s how I counter the “driving is a privilege” argument: Where is a government in the position to grant privileges? What is to say they can grant them here, but not there? Should the government “license” the ability to eat fast food?
Yeah priviledge or no privilege. Freedom should never be infringed, as
long as your freedom doesnt infringe someone elses.
Whether you where a seat belt or not should not be the governments concern
(Child safety seat, I can see that) Really its not about the seat belt though is it? People who cant manage there own affairs, somehow feel its up to them to manage mine. Twisted, yet these people are all around us. They even run for political office.
It seems that they find justification for every freedom they take.
I believe people should wear their seat belt. It is a good idea. I am thankful my car has one. I DO NOT believe the government that I pay taxes to should be allowed to force me to wear it, take more of my money if I don’t, and be given piles of extra money for finding more people to fine for not wearing it. Money, money, money, hmmm and they claim to be interested in my safety?
Have you heard of a shhding? look on ebay for one, might find it useful….