What is the scope of the right to travel under the US Constitution?
Under the US Constitution, the right to travel is an inherent right of citizens. This right is a fundamental liberty, which means it is broadly protected and can be limited only in very specific circumstances. The right to travel typically applies to citizens who wish to leave the United States and travel to other countries. This right also includes the ability to move between states, although this freedom is more limited than international travel. The specific scope of the right to travel is dependent on the individual state. Generally, states must provide travelers with a “minimum level of protection,” and cannot place unreasonable limitations on the right. For instance, a state can reasonably require individuals to obtain a passport before traveling to another country, but cannot make it unreasonably difficult for individuals to obtain a passport. The US Supreme Court has ruled that the right to travel is “constitutional in origin,” and that states must respect the right. As such, states cannot interfere with an individual’s right to travel unless there is a compelling reason to do so. Examples of such reasons include protecting public safety or preventing fraud. In Washington, the state constitution explicitly protects the right to travel. Thus, Washington residents are free to move around the state and even outside the country without fear of interference from the state government.
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