Right to Travel
by: American Civil Liberties Union of Georgia
Right to Travel
Although the right to travel is nowhere explicitly mentioned in the Constitution, the Supreme Court has consistently held that it is fundamental to our freedom. In its most recent decision on the subject, Saenz v. Roe, the Court divided the right to travel into three components:
1. A citizen of one state has the right to enter, to leave, and to pass through another state. For example, a state cannot make it illegal to transport an indigent person into its territory.
2. A citizen of one state has the right to be treated as a "welcome visitor" rather than as an "unfriendly alien" when temporarily in another state. In other words, citizens may freely visit other states.
3. A citizen of one state who moves to another state has the right to be treated equally with the state's other residents. For example, the Court has held that it is unconstitutional for a state to limit welfare benefits during the first year a person resides in the state.
The full scope of this third component remains unclear. A state may still treat non-residents differently from residents; for example, many states require out-of-state students to pay higher tuition rates at their public universities. This probably remains constitutional, but questions remain about what requirements a state can impose before considering someone a 'resident.'
There is also a right to international travel. Essentially, citizens have the right to travel abroad and return to the United States. This right is essential to our freedom of thought, because it allows citizens to gather information and news from the rest of the world and bring them back to America.
None of these rights, however, are absolute-the government can restrict them if it has a sufficient reason to do so. For example, the Court has upheld the government's restrictions on travel to Cuba because of the alleged national security concerns the government cited.
American Civil Liberties Union of Georgia Gerald Weber Chris Monsour Reviewed December 2005
Last Reviewed On: 12/22/05
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Copyright and Use Notice
This material is copyrighted by the authoring organization or individual. Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.
Information Not Legal Advice
LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
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