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By what constitutional authority does the state enforce speed limits and other arbitrary traffic laws/codes?

Orlando, FL |

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Attorney Answers 3

Posted

Your question is backwards. While the Federal Constitution is an enabling document, meaning that the Federal Government only has the powers specifically granted to it, the State Constitutions are the opposite. The States generally have powers unless specifically limited by the State or Federal Constitutions. The state legislature has the power to make these laws, and the executive has the power to enforce them.

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Posted

The state has the authority to enact reasonable laws for public safety.

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Posted

US Constitution--none. It is not applicable to state highways laws. Additionally, the US Constitutions is specifically designed to address certain issues, issues left unaddressed are lef to the People/states to decide (see 10th Amendment--Bill of Rights.)

Your state Constitution likely has some provision regarding necessary and proper laws for public safety. Check it at http://www.leg.state.fl.us/statutes/index.cfm?mode=constitution&submenu=3

If you are considering this as an argument against to fight a traffic citation, recommend you come up with an alternate theory. Best of luck to you.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Robert Pecco Baker

Robert Pecco Baker

Posted

When fighting a ticket, the best defense would be one that does not prove too much- one that tries to bring down the entire system of traffic control for instance. No judge is going to give that the time of day. It is not the case that all of society, and every constitutional scholar has missed the fact that there is no basis for traffic laws, but only this defendant in traffic court has the gnosis. HE IS UNPLUGGED FROM THE MATRIX!!

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