Sovereign Prerogative, Statutory Authority,
Antonio Vacci ©1996
If the state has a Sovereign Prerogative over the territory called the highways of the state that dominion must, by law, extend to secure remedy to all who may find need to travel upon it regardless of status or in favoritism upon a special class. (This is equal application of the laws.)
Sovereign Prerogative as authority is questionable in light of the requirements for residency or domicile in the state, and residency in a compact state which both create a subject class and a required application filed in the state certifying a residence in that particular state invoking it's legislative authority. This is not of a Sovereign character and is merely statutory in nature.
Legislative authority, acts solely upon a resident of the state or a resident in a compact state and does not in the absence of criminal activity extend to those not-resident in ANY state. Therefore, legislative or statutory authority is only 'sovereign' in so far as its authority to 'regulate' those choosing to apply the policy of that particular jurisdiction. The capacity of 'prerogative' is absent in legislative or statutory authority because consent warrants the application of the particular law. The state is powerless to act without it. Where a state policy prohibits an ability to comply, the act supposed to be a violation cannot be interpreted as criminal activity. Those so prohibited solely for lack of "residency" and who otherwise are in compliance have no remedy. Such a 'state' policy would, by a competent court, be found to create an impossibility in law and would be void. But today, there is no competent court to secure protections.
Absent Sovereign prerogative or Legislative Authority those not-resident in ANY state are subjected by a particular state to a policy of Compliance through Aggressive Enforcement. This is otherwise known as coercion. Because this enforcement when reaching out to touch those not resident it extends beyond every jurisdictional boundary and is illegal. However, in the absence of competent Judicial review this aggression remains unaccountable and deprives those who cannot by law comply to be deprived of their fundamental necessities. This over-reaching policy is always absent of any state Police Power authority and equates to tyrannical Comply or Die. Those not-resident have no criminal liability but also have no legal remedy providing for compliance or resolution once attacked because the jurisdiction so imposing did not constrain its activity to the voluntary applicants to its law.
Those not-resident are consequently presumed guilty of offenses against the peace and dignity of the state for not complying with that which they cannot comply and they have no defense because it is an illegal presumption; the state itself causes the non-compliance acting to persecute the innocent and prejudice their fundamental rights because it doesn't not respect law.
The concurrent imposition upon those not-resident of the Policy of Compliance through Aggressive Enforcement and failure of competent Judicial review equates to a sentence of Death for the reason that they are, in most instances, creative and highly mobile. A Death sentence also because unless these people have their Liberty and mobility they cannot obtain the most fundamental of Life's Necessities. This constructive Death Sentence is not supported by Peer conviction, due process of the law, or moral, intellectual, and legal reasoning required for Peace and Dignity to enjoy any existence in any "free" state.
No matter the Power, Sovereign Prerogative, statutory authority, or otherwise, those not-resident in any state are entitled to equal access of the highways of the state. If permission must be obtained, it must also be made available and opportunity provided for its acquisition. Examples constituting permission may be through license, waiver, or otherwise, but would require answer to the extra-jurisdictional trespass the state would obviously commit.
Sovereign Prerogative imposes upon the sovereign in the United States of America the Obligation and Duty to secure access to all who have need to travel upon the highway. Legislative Authority is confined to that special class of 'person' which admit residency under that legislative power. This requirement of the law is evidenced by the consenting Application submitting the resident to the authority and protection of that particular Legislature.
Jurisdiction or authority necessarily having a boundary or limit, either statutory agents recognize that those not-resident are in compliance with the law or they must admit that arm of the law is not long enough and they operate illegally. Neither Sovereign Prerogative nor statutory policy has Power to prohibit all lawful or necessitous travel. Neither can those authorities prohibit an appropriate grant to those not-resident in any state. In consequence, Sovereign Prerogative or statutory authority does not empower a 'state', but otherwise. It imposes an inescapable duty. To ignore this means a ‘state' and its agents operate solely under a lawless oppressive policy of Compliance through Aggressive Enforcement; those not resident suffer the unlawfully imposed, non-constitutional tyrannical policy of Comply or Die!