Seatbelt Laws Are Unconstitutional

Posted by John Crandall Nov 28, 2006

In researching my article about interstate highways, I came across some information about seatbelt laws that struck a cord with me. I have a strange sense of certainty that the insurance company lobby is ultimately behind the seatbelt laws. And, I view such legislation as a very bad precedent which has the potential to deprive us of all the Rights guaranteed by the Constitution. As Thomas Jefferson and James Madison so astutely pointed out over 200 years ago, Liberty is not lost all at once, but rather nibbled away in pieces and by parts by bad precedents and a failure of the people to be vigilant for the preservation of their own Liberties. Allowing laws like this to stand unquestioned is an invitation for more bad laws to be passed. The only law that irritates me more intensely is the "Patriot Act" the most unpatriotic piece of Legislation passed in America since the Alien and Sedition Acts.

The seatbelt laws infringe. . .

Right to Liberty- you have the sole right to freely make decisions regarding your own safety when there is no possible harm to others in rights or person. And also, the U.S. Supreme Court in the early 1800's upheld the right to freely travel throughout the country without threat of detainment, harassment, or imprisonment as a part of the Right to Liberty, thus a police officer who stops you when you are not presenting a threat to another person is blatantly violating your rights. He can stop you for speeding, running a red light, etc. because those offenses are a threat to other drivers, but he has no right to stop you for not wearing a seatbelt which is only a threat to your own safety.

Right to Property- you own the car and the seatbelt, and have an absolute and indefeasible right to use or dispose your property in any way you see fit so long as there is no threat to other citizens in their rights or property. Absolute in this sense means total and complete. Indefeasible means it cannot be legally taken away by legislation at any level of government.

Right to Life- American Courts have long held that the Right to Life includes both the right to endanger and even to take your own life. You can't commit a crime against your own safety, that is oxymoronic and assumes that "big brother" knows better what is good for you than you as a free citizen do.

On all these counts the seatbelt laws rather blatantly violate the Constitution of the United States of America (as amended in the Bill of Rights).

I personally tried to go to court in opposition to this law, but I ran into red tape, and ended up paying court costs and being fined without being heard. They say they notified me of my court date, but I wrote down what they told me, and it did not match what they filed on record, thus I appeared on the "wrong day". There is some small chance that I wrote it down wrong, but I've been over it a thousand times in my mind, and I don't think so. Anyway, a rather small ticket cost me almost $200, and the bad law stands. If I ever get stopped for not wearing a seatbelt again, there will be a hearing, I will call them every day, and be sure I get there on the "right day" and get heard. Frankly, I was shocked to find that appearing on the "wrong day" entitled them to fine me whatever they wanted, flatly refuse to hear what I had to say, and threaten me with contempt of court. Shows how much I know about "justice" in modern America.

I'd like to know what other people are thinking on this issue. If you have an opinion or strong feelings about such laws one way or the other visit the Dicussion. You'll have to sign up if you don't already belong to Suite, but here's a chance to have your say.