Article IV, Section 2, Clause 1:
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The Supreme Court has long recognized the right to travel from one state to another under the Privileges and Immunities Clause, 1 Footnote See, e.g. , Ward v. Maryland, 79 U.S. 418, 430 (1870) ( “[The Privileges and Immunities] clause plainly and unmistakably secures and protects the right of a citizen of one State to pass into any other State of the Union . . . .” ); Paul v. Virginia, 75 U.S. 168, 180 (1868) (stating that the Privileges and Immunities Clause includes “the right of free ingress into other States, and egress from them” ), overruled on other grounds by United States v. S.-E. Underwriters Ass’n, 322 U.S. 533 (1944) ; see generally United States v. Guest, 383 U.S. 745, 762–67 (1966) (Harlan, J., concurring in part and dissenting in part) (surveying cases). as well as other constitutional provisions. 2 Footnote See Guest , 383 U.S. at 759 ( “Although there have been recurring differences in emphasis within the Court as to the source of the constitutional right of interstate travel, there is no need here to canvass those differences further. All have agreed that the right exists.” ). For example, the Court held that a state could not constitutionally limit access to medical care to its own residents, and deny access to nonresidents, without interfering with the right to travel. 3 Footnote Doe v. Bolton, 410 U.S. 179, 200 (1973) , abrogated on other grounds by Dobbs v. Jackson Women’s Health Org. , No. 19-1393 (U.S. June 24, 2022) .
In Saenz v. Roe , the Court characterized the constitutional “right to travel” as having “at least three different components” :
It protects [1] the right of a citizen of one State to enter and to leave another State, [2] the right to be treated as a welcome visitor rather than an unfriendly alien when temporarily present in the second State, and, [3] for those travelers who elect to become permanent residents, the right to be treated like other citizens of that State. 4 Footnote 526 U.S. 489, 500 (1999) (numbering added).
While the Court did not expressly identify the constitutional basis of the first component, it noted that the Articles of Confederation’s privileges and immunities clause explicitly protected the “free ingress and regress to and from any other State.” 5 Footnote Id. at 501 (citing Articles of Confederation of 1781 art. IV, § 1) . As for the second component of the right to travel, the Court found it to be “expressly protected by the text of the Constitution” through the Privileges and Immunities Clause. 6 Footnote Id. at 501–502 . Saenz connected the third component of the right to travel to the Fourteenth Amendment ’s Privileges or Immunities Clause. 7 Footnote Id. at 502–03 (citing U.S. Const. amend. XIV, § 1 ). The Commerce Clause is another potential textual basis for the right to travel. See Guest , 383 U.S. at 758 (citing Edwards v. California, 314 U.S. 160, 173 (1941) ).
COMMENTS
Article IV, Section 2, Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. The Supreme Court has long recognized the right to travel from one state to another under the Privileges and Immunities Clause, 1. as well as other constitutional provisions. 2.
In that case, Justice John Paul Stevens, writing for the majority, held that the United States Constitution protected three separate aspects of the right to travel among the states: (1) the right to enter one state and leave another (an inherent right with historical support from the Articles of Confederation),
The doctrine of the “right to travel” actually encompasses three separate rights, of which two have been notable for the uncertainty of their textual support. The first is the right of a citizen to move freely between states, a right venerable for its longevity, but still lacking a clear doctrinal basis. 1.
The doctrine of the right to travel actually encompasses three separate rights, of which two have been notable for the uncertainty of their textual support. The first is the right of a citizen to move freely between states, a right venerable for its longevity, but still lacking a clear doctrinal basis. 1 Footnote
Amdt14.S1.8.13.2 Interstate Travel as a Fundamental Right. Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Article IV, Section 2, Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. The Supreme Court has long recognized the right to travel from one state to another under the Privileges and Immunities Clause, 1. as well as other constitutional provisions. 2.
The Constitutional Right to Travel: Are Some Forms of Transportation More Equal Than Others? Northwestern Journal of Law & Social Policy. Volume 1 Issue 1 Summer. Article 10. 2006. The Constitutional Right to Travel: Are Some Forms of Transportation More Equal Than Others? Timothy Baldwin. Recommended Citation. Timothy Baldwin,
Because the right to travel is implicated by state distinctions between residents and nonresidents, the relevant constitutional provision is the Privileges and Immunities Clause, Article IV, § 2, cl. 1. Intrastate travel is protected to the extent that the classification fails to meet equal protection standards in some respect. Compare Hadnott v
One of the freedoms in the U.S. Constitution is our freedom of movement and right to travel. Some people interpret this right as meaning that they do not need a driver's license to operate a vehicle on public roadways. Do state and federal laws agree with that interpretation? Understanding Your Right to Travel.
ArtIV.S2.C1.13 Right to Travel and Privileges and Immunities Clause. Article IV, Section 2, Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. The Supreme Court has long recognized the right to travel from one state to ano the r under the Privileges and Immunities Clause, 1.