[PDF] Article 13: Freedom of Movement

What does the right to travel mean in terms of U.S. law?

“The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.” – Kent v. Dulles, 357 U.S. 116, 125 (1958)

What are some of the court cases that have addressed the right to travel?

1865 Crandall v. Nevada, 73 U.S. (6 Wall.) 35 (1868); Edwards v. California, 314 U.S. 160 (1941) (both cases in context of direct restrictions on travel). The source of the right to travel and the reasons for reliance on the equal protection clause are questions puzzled over and unresolved by the Court.

What are the three components of the right to travel?

The constitutional right to travel “embraces at least three different components”: [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

What is the basis for the right to travel?

The United States Constitution provides the legal basis for many of the rights American citizens enjoy. However, like most culturally important writings, the Constitution is interpreted differently by different people. One of the freedoms based in the Constitution is our freedom of movement and subsequent right to travel.