I Need A Legal Explaination
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Thread: I Need A Legal Explaination

  1. #1
    KYK22 Guest

    I Need A Legal Explaination

    I was a High School Social Studies Teacher for 31 years teaching Civics, Government, and U.S. History, and my Major Area in College was Law. I can't understand why my CCL from Kentucky isn't accepted by all the other states under the U.S. Constitution's Full Faith and Credit Clause (Article IV, Section 1). I've been told that CCL's aren't covered under this part of the Constitution because I didn't have to do what others in other states had to do to get their CCL in their state.
    1. I didn't have to do what others had to do to get their Driver's License in their state, but my Kentucky Driver's License is accepted by the other states!
    2. I didn't have to do what others had to do to get their Marriage License in their state, but my Kentucky Marriage License is accepted by the other states.
    If both of these are accepted as "public Acts and Records" by the other states, than why isn't my Kentucky CCL accepted by the other states?
    I've been informed that it would take a court ruling to decide the matter, but most individuals don't have the funds to fight such a legal battle. It would seem that an organization like the NRA would try to get a court ruling on the issue.
    Since I'm retired now from teaching, I guess I taught the U.S. Constitution incorrectly for 31 years!

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  3. #2
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    Quote Originally Posted by KYK22 View Post
    Since I'm retired now from teaching, I guess I taught the U.S. Constitution incorrectly for 31 years!
    I don't think the constitution has anything to do with it. I personally believe that most of the laws passed by congress are unconstitutional but that doesn't stop them from passing them. IMAO.
    Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same. - Ronald Reagan

  4. #3
    Drivers licenses are accepted by all states due to a reciprocal ageement among the states and not by any Federal act or agreement. It is purely a state agreement worked out among the states with proding by the Feds. The same way that the US highway numbering system works. There are no Federal requirements for one state to accept anothers.

    As for marriage license they may not be accepted by all states. Each individual state may decide which license from each state they will accept. For instance certain states may not recognize license issued to underage couples or first cousins. Many will not accept marriage license between couples of the same sex.

    The full faith and credit clause does not cover everything.

  5. #4
    Actually, FN, I believe that the Feds passed a law a while back requiring all states to accept another state's drivers license. I don't believe there are any reciprocal agreements between all 50 that says "We'll honor yours if you honor ours".
    Victory rewards not the army that fires the most rounds, but who is the more accurate shot. ---Unknown

  6. #5
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    Quote Originally Posted by PascalFleischman View Post
    Actually, FN, I believe that the Feds passed a law a while back requiring all states to accept another state's drivers license. I don't believe there are any reciprocal agreements between all 50 that says "We'll honor yours if you honor ours".

    For example, the CDL:
    Commercial Driver's License Program (CDL/CDLIS) - Federal Motor Carrier Safety Administration

    Reap the Vision...
    ...Mike

  7. #6
    Driver License Compact - Wikipedia, the free encyclopedia

    Driver License Agreement - Wikipedia, the free encyclopedia

    The goals of the DLA are to require each state to honor licenses issued by other member states; to require each state to report traffic convictions to the licensing state; to prohibit a member state from confiscating an out-of-state driver's license or jailing an out-of-state driver for a minor violation; and to require each state to maintain a complete driver's history, including withdrawals and traffic convictions including non-DLA states.
    The CDL passed in 1986 was a Federal law but covered only "commercial" vehicles. Actually it only applies if the driver crosses state lines however I do not know of any state that makes exception to the law for in-state travel. Either way the CDL and the standard drivers license are two different item as a state is not required to honor another states license. If you check on it there are some cases (or at least used to be ) where one state will not honor drivers license from other states for certain drivers such as age or motor cycle.

    There is also the Non-Resident Violator Compact that 45 states have joined to exchange information about DL.

    Non-Resident Violator Compact - Wikipedia, the free encyclopedia

    It is still possible that one may be banned from driving in a certain state but not in others. For instance I know where SC drivers were caught for such things as reckless driving in NC and had their NC driving privledges revoked but still hung on to their SC license. This meant that they could still drive in SC legally but if they were caught in NC they would be considered to not have a DL at all.

    Commercial Driver's License Program (CDL/CDLIS) - Federal Motor Carrier Safety Administration

    COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986

    The Commercial Motor Vehicle Safety Act of 1986 was signed into law on October 27, 1986. The goal of the Act is to improve highway safety by ensuring that drivers of large trucks and buses are qualified to operate those vehicles and to remove unsafe and unqualified drivers from the highways. The Act retained the State's right to issue a driver's license, but established minimum national standards which States must meet when licensing CMV drivers.

    The Act corrects the situation that existed prior to 1986 by making it illegal to hold more than one license and by requiring States to adopt testing and licensing standards for truck and bus drivers to check a person's ability to operate the type of vehicle he/she plans to operate.

    It is important to note that the Act does not require drivers to obtain a separate Federal license; it merely requires States to upgrade their existing testing and licensing programs, if necessary, to conform with the Federal minimum standards.

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