By: Anonymous
The principle of the license itself it NOT unconstitutional in that you need to get one to show that you are of legal age and competent enough to drive a vehicle; in this way your rights are not violated because the license is merely an instrument to show that you know how to drive.
However, your rights are violated when your license, and hence, your right to move about freely (in most cases) is taken from you without due process of law (i.e. it automatically expires and you have to pay a "fee" to reinstate it, it is revoked because you didn't pay child support or because you didn't pay a traffic ticket, etc.) And in answer to John Pennington above, actually there have been several cases. Quotes sited below are from actual cases:
"The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.
"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.
"The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938,
at 941.
In short: You have a right to drive; it's not a privilege. Think of it this way: you tax dollars that you work to pay for put the roads into existence for you to drive on. They are not owned by a single person or entity, they are owned by YOU. Therefore, you have the right to use that road. The only time your right to drive should be taken away is if you infringe upon the rights of others (i.e. driving down the road drunk, thereby endangering the lives of others which is a violation of THEIR rights to pursue life and happiness). The license regulations do need to be revised and fixed so that they are no longer unconstitutional.