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Satire --Driver Claims 10th Amendment Exemption from State LawsDoe v. City Police Department I, John Doe, having been found guilty by Superior Court for the crime of traveling 35 miles per hour over the posted speed limit on a road maintained by the city and under authority of the State, declare that my privileges as a United States citizen were violated by the State. I do not deny that I was traveling in excess of 35 miles per hour over the posted speed limit, prohibited by State Vehicle Code 12345.6. I do dispute the legality the code which requires vehicles to travel at speeds lower than that which they were designed. I believe that the State exceeded it's authority when it regulated vehicle speed limits, under the Tenth Amendment of the United States Constitution when applied to the Fourteenth Amendment in the Bill of Rights, the former of which gives respectively to the states and people, the powers not delegated to the United States, and the latter of which makes this law applicable to the states. The Fourteenth Amendment, disallowing the states from abridging the privileges and immunities enjoyed by United States Citizens, is made applicable to the Bill of Rights, and therefore the Tenth Amendment, by Everson v. Board of Education of Ewing TP, which applied the Fourteenth Amendment to the Establishment Clause, prohibiting of the States, powers denied to the federal government, so that no State may pass a law on a power that has been prohibited of the United States. While it is true that the United Stats has authority to promote the general welfare, and has at times done so with a uniform national speed limit such as for the conservation of oil during a National crisis, the United States does not have authority to regulate vehicle speeds on roads under State authority, prohibited by the Tenth Amendment, and applicable to the States by the Fourteenth. Having lawfully created my own speed limit on a State maintained road, and not having exceeded that limit, I am not guilty of the charge of speeding, and ask that the court restore my rights as a United States citizen and throw out the illegal speeding ticket. --July 21, 2002 |
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