Right to travel

Definition

The right to travel refers to the constitutional guarantee that individuals have the freedom to move between states and across national borders without unreasonable restrictions. This fundamental right is often linked to personal liberty, and is derived from the Privileges or Immunities Clause of the 14th Amendment, which protects citizens against discrimination and ensures their ability to engage in interstate movement.

5 Must Know Facts For Your Next Test

1. The right to travel was formally recognized by the Supreme Court in cases such as 'Shapiro v. Thompson' (1969), which held that states cannot impose residency requirements that effectively restrict this right.
2. This right is viewed as fundamental because it allows individuals to pursue employment, education, and family connections across state lines.
3. Restrictions on travel can be challenged if they are deemed to infringe upon this constitutional right, particularly if they lack a compelling state interest.
4. The right to travel has been interpreted to include not just physical movement but also the right to enter and leave a state freely.
5. State laws that impose excessive fees or barriers for travel can be struck down as unconstitutional if they violate individuals' rights under the Privileges or Immunities Clause.

Review Questions

• How does the Privileges or Immunities Clause of the 14th Amendment relate to the right to travel?
  • The Privileges or Immunities Clause protects individuals from state actions that infringe on their fundamental rights, including the right to travel. This clause has been interpreted by the courts to mean that citizens should not face discrimination or unreasonable restrictions when moving between states. Thus, any state law that imposes unfair barriers on travel could potentially violate this constitutional protection.
• Discuss how case law has shaped the understanding of the right to travel within the context of constitutional law.
  • Case law has played a crucial role in defining the right to travel, particularly through landmark decisions like 'Shapiro v. Thompson' and 'Memorial Hospital v. Maricopa County'. These cases established that states cannot impose residency requirements that effectively limit an individual's ability to move freely. The Supreme Court's interpretations have reinforced the idea that this right is fundamental and necessary for personal liberty and economic opportunity.
• Evaluate the implications of excessive state regulations on travel and how they might conflict with individual rights under the Constitution.
  • Excessive state regulations on travel can create significant barriers for individuals, potentially violating their constitutional rights under the Privileges or Immunities Clause. For example, laws requiring exorbitant fees for permits or imposing strict residency requirements can be challenged in court as unconstitutional restrictions on movement. Evaluating these regulations involves balancing state interests against individual freedoms, emphasizing the need for any restrictions to be reasonable and justified by a compelling interest.

Related terms

Privileges or Immunities Clause: A clause in the 14th Amendment that prohibits states from denying the privileges or immunities of citizenship to any person, which has been interpreted to include the right to travel.

Interstate Commerce: The economic activity that takes place between states, which is protected by the Constitution and is often cited in discussions about the right to travel.

Due Process Clause: Part of the 14th Amendment that guarantees individuals certain legal rights and protections from arbitrary government action, also relevant in cases concerning the right to travel.