What is the scope of the right to travel under the US Constitution?
The scope of the right to travel under the US Constitution is best understood in terms of a fundamental right to travel freely from one state to another. This includes an individual’s right to leave their state of residence and travel freely throughout the United States without interference from the government. Because of this, the US Supreme Court has ruled that states cannot prevent citizens from entering or leaving their borders without a very strong justification. The Supreme Court has also ruled that states cannot impose excessive restrictions on interstate travel. For example, a state cannot require travelers to obtain a permit or license to travel from one state to another, nor can they impose higher fees on travelers simply because they are from out of state. Additionally, states cannot make it more difficult for out-of-state travelers to access public services, such as universities and public parks. As part of the right to travel, citizens also have the right to obtain residency in another state if they choose to do so. This includes the right to move to another state for any number of reasons, such as better economic opportunities or to be closer to family. As with other constitutional rights, state governments must respect and uphold the right to travel of their citizens. In California, the causes of action alleging violations of the right to travel are well established in the state’s legal system.
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