The Freedom to Move
Texans love their trucks, their highways, and their independence. It is not surprising that one of the most common arguments you will hear, whether in courtrooms, traffic stops, or online debates, is this:
“Driving is a right, not a privilege.”
It sounds compelling. After all, the ability to move freely feels fundamental to liberty. Yet under Texas law, driving is not a right; it is a regulated privilege. The true constitutional protection lies not in the act of driving, but in the right to travel itself.
While Americans frame mobility as a freedom from interference, many other countries frame it as a right to access: a guarantee that transportation will be available to everyone, not merely permitted.
Driving Versus Traveling: The Legal Divide
Under the U.S. Constitution, citizens have a fundamental right to travel. This right allows people to move between states, choose where they live, and use public roadways without unreasonable government interference. It is rooted in several constitutional provisions: the Privileges and Immunities Clause, the Commerce Clause, and the Fourteenth Amendment’s Due Process protections.
However, courts have consistently clarified that driving a motor vehicle is not part of that right.
In Hendrick v. Maryland (1915), the U.S. Supreme Court upheld state licensing requirements for drivers as a legitimate exercise of the state’s police powers to protect public safety. Later cases, such as Bell v. Burson (1971), reaffirmed that while a driver’s license is an important entitlement, it is still a conditional privilege, not a constitutional guarantee.
Texas Law: A Regulated Privilege
Under Texas Transportation Code §521.021, anyone operating a motor vehicle on a public roadway must hold a valid driver’s license. That license can be suspended, revoked, or denied for safety violations, unpaid fines, or failure to maintain insurance, even for failing to pay child support.
Driving in Texas is therefore a regulated activity, not an inherent right. The law distinguishes between your freedom to travel and your authorization to operate machinery on shared infrastructure.
You have the right to move. You do not have the right to drive without proving you can do so safely.
The Hierarchy of Mobility: Rights, Privileges, and Entitlements
Movement in American law can be understood in three layers. The right to travel is the most fundamental; it guarantees your freedom to move, relocate, or cross state lines without government interference. The right to transport refers to the idea that government must provide or maintain accessible transportation options, such as buses or trains. In the United States, that concept is not legally recognized as a right; it is treated as a matter of policy and funding. Finally, the privilege to drive refers to the state’s authorization to operate a motor vehicle on public roads, contingent on meeting safety and licensing standards.
The United States protects your ability to move, not your ability to be transported. In this country, mobility is a liberty, not a service.
How Other Countries Approach Mobility as a Right
Other nations have taken a broader view, treating access to transportation as an essential social right rather than a conditional privilege.
France provides one of the clearest examples. Its Transport Code recognizes a droit à la mobilité, or “right to mobility.” Under Article L1111-1, every person has the right to move and to choose their means of travel. Public authorities are legally obligated to organize transportation systems that make that right effective, including for those without private vehicles.
Switzerland also integrates mobility into its legal framework. The Federal Law on Passenger Transport requires the state to maintain a basic level of service, even in rural areas. This is not a policy preference; it is a statutory duty designed to ensure that all communities remain connected.
In Catalonia, a region of Spain, the Mobility Law (Llei 9/2003) establishes accessibility as a legal right. Citizens are entitled to safe, environmentally responsible, and equitable transportation, and regional authorities are required to plan and maintain those systems.
Countries such as Norway, Germany, and Finland rely on public service obligations, or PSOs, to achieve similar goals. These legal frameworks require governments to ensure a minimum level of transportation service. The focus is not on granting an individual person a right to a bus or train, but on imposing a collective duty on the state to make sure those services exist.
Entitlements Versus Privileges: A Philosophical Divide
At the heart of these differences is how nations interpret freedom itself.
In the United States, freedom is usually defined as non-interference: the government should not prevent you from moving. In many European systems, freedom includes positive entitlements: the government must ensure that you can move, regardless of income or geography.
This distinction explains why American law focuses on permission through licenses, insurance, and registration, while European models focus on accessibility through infrastructure, affordability, and inclusion. Both approaches aim for mobility; one treats it as a freedom to protect, while the other treats it as a right to provide.
summary
In Texas, losing your license does not take away your right to travel; you can still walk, bike, or take public transit. However, for many Texans, those alternatives are limited or nonexistent. The gap between legal freedom and practical access highlights the difference between rights in theory and rights in practice.
Where other countries treat transportation as a shared responsibility, the United States leaves it largely to the individual. As a result, mobility often depends on wealth, geography, and infrastructure rather than law.
finale
Driving in Texas is a privilege. Traveling is a right. Public transportation is a policy choice.
The difference may seem semantic, but it shapes how societies view freedom itself.
A right to drive gives you permission; a right to travel guarantees your liberty; a right to transport ensures equality.
America has perfected the first two, but it still struggles with the third.