Why is a person with a driver's license from New York able to legally drive in California please site the source of power in the Constitution?

Answer 1

There are several. First, I think, is the commerce clause in Article 1, Section 8, Clause 2, which states that Congress has the power to regulate commerce among the several states. If California had a law that forbade out-of-state drivers from entering California if the person did not have a California license, that would be a severe restriction on interstate commerce. State laws that interfere with interstate commerce are unconstitutional. See Gibbons v. Ogden. Another basis is Article 4, Section 1, which states that full faith and credit shall be given in each state to the publics acts, records and judicial proceedings of every other state. So if NY licenses a driver, California must honor it. Also, Article 4, Section 2 states that the citizens of each state shall be entitled to all priveleges and immunities of citizens in the several states. So again, if the person can drive in NY, he/she can drive in California. Anyone with a current drivers license may temporarily drive anywhere they choose within the US since the basic laws of the road are the same in each state. Individually, it is the states that govern how long you may do so. The length of time varies from state to state and can range from six months to two years. Driving is a priviledge afforded by the state, not a right and is therefore not cited in the Constitution.