What is the scope of the right to travel under the US Constitution?
The right to travel is a fundamental right protected by the US Constitution. This right is found in the Privileges and Immunities Clause of the Fourteenth Amendment and the Commerce Clause of Article I. In New Mexico, the scope of the right to travel is two-fold. First, the right to travel allows individuals to move freely across state lines. This includes the freedom to live, work, and pursue an education in any state. This right is most commonly invoked when seeking to challenge restrictions on out-of-state tuition rates or the right to vote in another state. Second, the right to travel applies to both domestic and international travel. This includes the right to travel abroad without prior authorization from the government. In some cases, the government may impose travel restrictions due to national security concerns, but these restrictions must be narrowly tailored and applied equally to all citizens. In New Mexico, the right to travel is not absolute. The government may impose reasonable restrictions to protect public safety and national security. For example, the government may require individuals to obtain a passport to travel outside the country. However, the scope of the right to travel is broad and should not be unduly restricted.
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