Sunday, December 6, 2015

Is there a fundamental right to travel?

If so - as with marriage, but not education - strict scrutiny rules apply and a compelling public purpose must be served in order to restrict it. The law must also be narrowly tailored to achieve that purpose and must be the least restrictive means to achieve it.

A recent post in the Federal Law Blog point to a 1958 case that argued that it is.

- Click here for the post: Freedom to Travel and the IRS.
-  Oyez: Kent v. Dulles.

“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. […] Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, maybe necessary for a livelihood. It may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.”