constitutional right to travel 5th amendment


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  • What is the 'right to travel'?

    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

  • What is a citizen's right to move freely between states?

    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 third is the right of a new arrival to a state, who establishes citizenship in that state, to enjoy the same rights and benefits as other state citizens.

  • Is intrastate travel a constitutional right?

    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.

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