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.
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.
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
♥♥ 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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!
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.
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.)
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.
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.
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.
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!
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.
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.”
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.
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.
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 :-)
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.
@@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 .
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.
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.
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?"
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.
"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.
Steve, huge fan from Chicago here. I've watchedhundreds of your vids, and really appreciate what you're doing. Wanted you to know that for some reason EIGHT adds played during this 14 minute video.... im sure not your fault, but figured I'd bring it to your attention.... ridiculous! Keep up the value, thanks!
TH-cam recently changed something and it is annoying quite a few creators. They are going back into the creators' catalogs and changing the default settings to insert ads into any videos longer than 8 minutes. Even if you checked the box to not allow them, they undo that and then insert them. The only solution appears to be that I have to go back and manually re-do the settings on every single video I put up. I will check to see how long the videos are up before the change takes place. The videos I put up today were not changed - but I suspect they will be shortly. Thanks for the heads up. I hate ads inserted into the videos.
see Rule 301. Presumptions and HENDRICK v. STATE OF MARYLAND(1915) SCOTUS) is the seminal rulings for states to regulate driving. Laws/regulations are enacted for the Health, Safety & Welfare of the community at large.
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.
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'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."
I can sort of see the contract one. . Offer (from the state) - you can drive on the road. Acceptance (by the driver) - pretty self-evident. Consideration (by the driver) - though you dismissed it, "I will follow the rules" would suffice, since taking or changing a legal position can be consideration. . Your point about crossing state lines was a good one. A second point against the contract notion would be issuing drivers' licenses to sixteen-year-olds. As minors, they lack the capacity to contract.
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.
"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." Peace love wisdom
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!
I don't have "Top 10" of mine, but I can think of three license myths: 1. Louisiana law enforcement demanding ID, either via something physical or verbally stated, example paraphrased from another YT video: Baton Rouge PD officer: Sir, I am ordering you to give me your ID! Videographer: I do not carry ID Officer: Why not? Videographer: Because I am not required to carry around ID on me Officer: Okay, so then tell me your name **fumbles around in pocket for notepad and pen** Videographer: **fast and low voice** My name is John Doe of 1234 Main St, Brownsville Texas Officer: Um.. **fumbles for his pen, then regains grip and prepares to write** Officer: Okay, could you say that one more time? Videographer: I already said it. Officer: You know that here in Louisiana, you are required to ID under our Loitering and Prowling laws, understand? Videographer: I understand. The law requires me to give you my name. The law DOES NOT require me to repeat it again! ---> Officer eventually does not get Videographer's identifying information. 2. Modesto cop stops pedestrian and writes ticket for crossing an protection barrier for a CalTrans train that is about to cross the street. Cop: Sir, could you hang just right here. I need to see you ID, please. Pedestrian: For what? Cop: You crossed against a train signal barrier while active, ID please Pedestrian: **hands over California Drivers License as ID** Cop: One moment while I write your this ticket... Pedestrian: **fumes at the thought being late** Cop: Okay, so sign this ticket. It's not an admission of guilt. Your traffic court date is 15 March of 2020. Pedestrian: **signs ticket** Okay, so what's the fine officer? Cop: The fine is $490 and one demerit point on your license. Pedestrian: WHAT! I wasn't even driving, how can I be assessed a point while walking??!! Cop: Read up on state law. California Vehicle Code section 22451. Penalty is $490 plus a point on your license. Pedestrian: **faints** 3. Random cop stops a random Joe on the streets of a city in Texas Cop: Sir, I got a complaint from an anonymous 911 caller stating you're acting "suspicious", got any ID on you? Suspect: I do not. Cop: Why not? Random Joe: Because Texas is not an Stop-And-ID state. Cop: When you got your license, isn't it true that as a condition, you are required to show it to law enforcement upon request? Random Joe: Only when driving. Cop: Yes, but that what it says on the Driver's License application. Random Joe: **pulls up drivers license application from his home state of Ohio** Random Joe: According to this application, my only requirement is to keep the Ohio BMV appraise of my current address. That's it. Cop: *sigh* ...
@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.
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.
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.
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)
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.
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.
The supervisor, the Chief of Police, the Mayor, and the Governor all at my car window asking for my license??... I'd say we now definitely have a victim of my stupidity... it is my fellow taxpayers !!
the best one i ever heard when a driver asked to see a supervisor /sgt well in this case the cop that started the traffic stop happened to be a lieutenant and the jerk thought a sgt was higher than a LT
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.
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.
Even if a drivers license is a contract, there are many things that require a contract of some form to access. You could say in this argument, that only people who have signed a contract with the state and have access to use the roads within that state. And if you do not have a contract (i.e. a drivers license) you are not authorized to drive on the road with that state.
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
8:30 While you are correct that COPS *_don't_* have to tell you why they stopped you, COPS *_DO_* need _Reasonable, Articulable Suspicion of criminal activity_ to do so. *_NOT_* letting the driver know what the basis for that suspicion is pretty suspicious in itself. Like the COPS say, _"If you've got nothing to hide, you shouldn't have a problem giving me your RAS for the stop."_
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.
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."
I was introduced to that theory of "admiralty court" group of ideas 30+ years ago in the high desert area of Oregon. I can't believe people are still carrying on with it. Lol nobody has ever won with those arguments in court.
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.
![[안방1열 직캠4K] 베이비몬스터 치키타 'DRIP' (BABYMONSTER CHIQUITA FanCam) @SBS Inkigayo 241110](http://i.ytimg.com/vi/tnlxo79cAqY/mqdefault.jpg)
If your a real lawyer you would know the 1st amdment
The pursuit of happiness and the right to travel on highway
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 Still waiting for a reply to my post. You know I'm right. A license is only needed for commercial vehicles.
@@tonyparker3506 how could you be waiting for a response to a post you just made? I'm waiting for a response to THIS post. You know I'm right.
@@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.
Never underestimate the power of self delusion.
. . . nor it's lack of limits.
Twitter, nuff said.
It's true. Sometimes I delude myself being handsome 😂
I just use the "I heard it from an attorney on TH-cam defense", LOL
Someone actually did that and the judge ruled in their favor. Steve didn't know untill it was posted.
You can drive and travel in anything you want whereever you want without a driver's license as long as you don't get caught.
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.
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.
"You know, we're living in a society..." -- George Costanza, Seinfeld
I liked this comment so much that I made a donation - in your name - to The Human Fund. 🤣
Steve, did you know that you don't need a drivers license to carry a driver's license?
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.
"Wait, it's all maritime law?"
"Always has been."
Oh, I sea.
I travel by an AMPHICAR
Designed for the Sovereign on the go
It's the Admiralty law for me
Does the Amphicar also fly a flag of convenience?
Are you going to defend/advise Michael with his Lucille 2 problem?🤣🤣
Love the name.
@@johnmorgan1629 It has to be the admiralty flag, the US flag with gold fringe around it. . .
@bullsballs I saw a guy founder an Amphicar trying to drive across the Delaware river near New Hope PA, idiot!
@bullsballs th-cam.com/video/dfGXMan1uCY/w-d-xo.html
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
♥♥ 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.
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.
Excellent coverage of the subject.
I will note that the best time or case to request a supervisor is IF the officer is being unprofessional.
Steve, at least in my city I don't need a driver's license. We have a decent public transit system.
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.
No, but the States do have that authority, and that's why your driver's license is issued by a State and Not by the Federal government.
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.
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.
I'm giggling too.
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.
Steve, I think you just demolished every argument I've ever heard in a SovCit video.
Little did they know, that the real victims were the friends we made along the way.
You username makes me want to be Tychus Findlay
You've debunked some major points of the Sovereign Citizen Movement.. I'm thankful for my reading comprehension skills..
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.
Just like the movie "Jerry McGuire" coined the phrase "SHOW ME THE MONEY!!!" , Mr. Lehto has now coined the phrase, "Show Me The Victim" LMAO
@Lawofimprobability If you are aware of the victims, my comment doesn't apply. #PersonalResponsibility
“Show me the LAW”
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.
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.
Thank you!
For keeping citizens well informed!
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.
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.
And your mailbox belongs to the post office.
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.
i appreciate this video sir. i've heard so many of these. thanks for all of your videos! i truly appreciate being educated from a real attorney.
Steve,,,,,,,,,,,,I'm sorry I want to see your Supervisor.
Canadian Robot Lady shows up, “What’s the problem?”
LMAO!!
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.
I will stir the pot and heat things up....
Hot Water Heater.
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!
Great talking point against "victimless" crime. Keeping that.
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 just had a flashback to the Monty Python routine "Argument Clinic" from 1972!
No, you didn't
@@Alexagrigorieff Yes, I did!
Yeah, I never consented to being governed but here we are. 🤷🏻♂️
You should sue 🤣🤔
@@timm1583 who would I sue and what would be the point?
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.)
I remember when I got my first driver's license that driving is a privilege not a right.
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.
That is correct, driving is a privilege. Privileges can be taken away, rights can not.
i also start to suspect that it's the 2 choice fallacy
is the opposite of right, privilege ? and is there other option ?
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.
FRINGE LOOK AT THAT FRINGE!!!!!!😉
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.
The Victim is Society.
That's deep . Should be on a mug or a t-shirt. 😉
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!
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.
Texas doesn't even use the word driver or driving. It uses "operating" and "operator" in the Transportation Code. Uh oh...
wurzzzz - good to know. I’m sure a lot of states use that wording too.
It’s easier to update the wording then to change the law.
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.”
Nothing is illegal till you get caught 😂 😂 😂
When you're pulled over, honesty is the best policy.
Right up there with being polite.
@Doctor President Absolutely! Never self incriminate.
Supervisor: "I don't know, I just got here". The best line of the video. LOL
Hundo, unfolded, behind the "Nostalgic" plate on the right wall shelf. 10.
I had originally placed it so that only a small slice of the bill was visible but wasn't sure if it was spottable or not.
Too easy. 😆
what is so hard about showing your license and registration, signing a citation vs broken window, extraction and jail
Why do people try to complicate such a simple basic thing.
Cause they stupid.
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.
And case in point^^
random, pointless, copy/paste.
@@chrisbaker8533 Prove me wrong!!!
@@tonyparker3506 Prove what wrong?
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.
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 :-)
Yes, thanks for noticing!
@chris durham actually it is MOTION sickness, the prosecution made a motion to have you found guilty and the judge agreed ;>
C-note, behind the, license plate, on the left of Steve , top shelve. Hey, Steve, San Antonio says hi.
Lets see if Sara can confirm your 1st.
@@amateurshooter6054 I'm too tired today
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.
Steve, I want to speak with your supervisor after watching this video
I don't need no license . Haven't had one in over 20 years.the tickets are way cheaper than paying all my back fines to get it reinstated .
Are you proud of that?
@@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.
What's the longest you've been jailed for these offenses?
@@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 .
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.
Read the contract you sign when you get your license. You consent to it all, including that you will follow others states laws.
Most of the people who play the "don't need a licence" card are the same ones who lost theirs. Usually child support or DWI.
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.
Never forget, though, that dictionaries are records of language as it is used, not laws of how it must be used.
Shared! Great video
Not quite as easy to come up with the law requiring a driver's license in Oregon as you suggested, but it is indeed there.
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?"
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.
They do have tank tracks with rubber inserts, so as not to destroy pavement.
@@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.
"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.
You enlighten me. Thank you!
Nice sunglasses tan Steve! LOL. 😊
Steve, huge fan from Chicago here. I've watchedhundreds of your vids, and really appreciate what you're doing.
Wanted you to know that for some reason EIGHT adds played during this 14 minute video.... im sure not your fault, but figured I'd bring it to your attention.... ridiculous!
Keep up the value, thanks!
TH-cam recently changed something and it is annoying quite a few creators. They are going back into the creators' catalogs and changing the default settings to insert ads into any videos longer than 8 minutes. Even if you checked the box to not allow them, they undo that and then insert them. The only solution appears to be that I have to go back and manually re-do the settings on every single video I put up. I will check to see how long the videos are up before the change takes place. The videos I put up today were not changed - but I suspect they will be shortly. Thanks for the heads up. I hate ads inserted into the videos.
see Rule 301. Presumptions and HENDRICK v. STATE OF MARYLAND(1915) SCOTUS) is the seminal rulings for states to regulate driving. Laws/regulations are enacted for the Health, Safety & Welfare of the community at large.
Thank You for Your Service Sir!
Posting on Facebook!
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.
My faith in society has been lowered upon hearing that people actually believe this stuff... smh ...good video!
This stuff is solid gold, Steve. Thank you!
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'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."
@@kingtin89 go away you vapid ignorant person.
That house bill never became law!!
I can sort of see the contract one.
.
Offer (from the state) - you can drive on the road.
Acceptance (by the driver) - pretty self-evident.
Consideration (by the driver) - though you dismissed it, "I will follow the rules" would suffice, since taking or changing a legal position can be consideration.
.
Your point about crossing state lines was a good one. A second point against the contract notion would be issuing drivers' licenses to sixteen-year-olds. As minors, they lack the capacity to contract.
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.
Perfect Steve, just perfect. Understand that you cannot fix stupid no matter how hard you try. Thanks for your efforts though.
"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."
Peace love wisdom
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!
That hundo in the videos makes me feel so "NOSTALGIC"......LOL
I have lived in several states and always heard the myth - Its illegal to drive barefoot.
I have always heard that too.
I don't have "Top 10" of mine, but I can think of three license myths:
1. Louisiana law enforcement demanding ID, either via something physical or verbally stated, example paraphrased from another YT video:
Baton Rouge PD officer: Sir, I am ordering you to give me your ID!
Videographer: I do not carry ID
Officer: Why not?
Videographer: Because I am not required to carry around ID on me
Officer: Okay, so then tell me your name **fumbles around in pocket for notepad and pen**
Videographer: **fast and low voice** My name is John Doe of 1234 Main St, Brownsville Texas
Officer: Um.. **fumbles for his pen, then regains grip and prepares to write**
Officer: Okay, could you say that one more time?
Videographer: I already said it.
Officer: You know that here in Louisiana, you are required to ID under our Loitering and Prowling laws, understand?
Videographer: I understand. The law requires me to give you my name. The law DOES NOT require me to repeat it again!
---> Officer eventually does not get Videographer's identifying information.
2. Modesto cop stops pedestrian and writes ticket for crossing an protection barrier for a CalTrans train that is about to cross the street.
Cop: Sir, could you hang just right here. I need to see you ID, please.
Pedestrian: For what?
Cop: You crossed against a train signal barrier while active, ID please
Pedestrian: **hands over California Drivers License as ID**
Cop: One moment while I write your this ticket...
Pedestrian: **fumes at the thought being late**
Cop: Okay, so sign this ticket. It's not an admission of guilt. Your traffic court date is 15 March of 2020.
Pedestrian: **signs ticket** Okay, so what's the fine officer?
Cop: The fine is $490 and one demerit point on your license.
Pedestrian: WHAT! I wasn't even driving, how can I be assessed a point while walking??!!
Cop: Read up on state law. California Vehicle Code section 22451. Penalty is $490 plus a point on your license.
Pedestrian: **faints**
3. Random cop stops a random Joe on the streets of a city in Texas
Cop: Sir, I got a complaint from an anonymous 911 caller stating you're acting "suspicious", got any ID on you?
Suspect: I do not.
Cop: Why not?
Random Joe: Because Texas is not an Stop-And-ID state.
Cop: When you got your license, isn't it true that as a condition, you are required to show it to law enforcement upon request?
Random Joe: Only when driving.
Cop: Yes, but that what it says on the Driver's License application.
Random Joe: **pulls up drivers license application from his home state of Ohio**
Random Joe: According to this application, my only requirement is to keep the Ohio BMV appraise of my current address. That's it.
Cop: *sigh* ...
Necrophilia is the only victimless crime.
@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.
I did laugh at the idea of someone having to drive Greg Abbott to the side of the road and wheeling him carside for him to answer a traffic stop.
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.
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.
Steve you just ruined my maritime law startup company for traffic tickets
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)
You ever wondered why there's a checkbox "have you ever had a driver's licence in this state"?
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.
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.
ARTICLE FOUR FREE INHABITANT!!! LoL.
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.
The supervisor, the Chief of Police, the Mayor, and the Governor all at my car window asking for my license??... I'd say we now definitely have a victim of my stupidity... it is my fellow taxpayers !!
the best one i ever heard when a driver asked to see a supervisor /sgt well in this case the cop that started the traffic stop happened to be a lieutenant and the jerk thought a sgt was higher than a LT
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.
Steve can you do a show on traveling to or through a different state and what state laws apply to you and your car, RV. etc?
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.
Even if a drivers license is a contract, there are many things that require a contract of some form to access. You could say in this argument, that only people who have signed a contract with the state and have access to use the roads within that state. And if you do not have a contract (i.e. a drivers license) you are not authorized to drive on the road with that state.
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
8:30 While you are correct that COPS *_don't_* have to tell you why they stopped you, COPS *_DO_* need _Reasonable, Articulable Suspicion of criminal activity_ to do so. *_NOT_* letting the driver know what the basis for that suspicion is pretty suspicious in itself. Like the COPS say, _"If you've got nothing to hide, you shouldn't have a problem giving me your RAS for the stop."_
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.
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."
Why do I think of the old joke about requiring an IQ test for a driver license...?
I was introduced to that theory of "admiralty court" group of ideas 30+ years ago in the high desert area of Oregon. I can't believe people are still carrying on with it. Lol nobody has ever won with those arguments in court.
I've lost track of the times I've told people a drivers license is like a contract with the state(s).
I'm well into my 50's and I have yet to get a driver's license. Yet I have travelled a lot...
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.