Thursday, September 26, 2013

Supreme Court Decisions which pertain to the Right to Travel


The Passenger Cases (7 Howard) 7 How. 283 (1849)
“We are all citizens of the United States; and, as members of the same community, must have the right to pass and repass through every part of it without interruption.”
Murdock v. Pennsylvania 319 US 105 (1943)
“A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution. [113] Freedom of press, freedom of speech, freedom of religion are in a preferred position…the privilege in question exists apart from state authority. It is guaranteed the people by the Federal Constitution.” [115]
Kent v. Dulles 357 US 116 (1958)
“The right to travel is a part of the ‘liberty’ of which the citizen cannot be deprived without the due process of law under the fifth amendment.”
NAACP vs. Alabama 357 US 449 (1958)
“Like the right of association [the right to travel freely] is a virtually unconditional personal right guaranteed by the constitution to us all.”
Aphtheker v. Sec. Of State 378 US 500 (1964)
“…a personal liberty protected by the Bill of Rights…Freedom of travel is a constitutional liberty closely related to the rights of free speech and association…the constitutional right to travel has been firmly established and repeatedly recognized…that a right so elementary was conceived from the beginning…In any event, freedom to travel throughout the United States has long been recognized as a basic right under the constitution.”
United States v. Guest 383 US 745 (1966)
“The constitutional right to travel…is a right that has been firmly established and repeatedly recognized…a right so elementary was conceived from the beginning…In any event, freedom to travel throughout the United States has long been recognized as a basic right under the constitution”
Shapiro v. Thompson 394 US 618 (1969)
“…freedom to travel is an element of the “liberty” secured by [the due process clause of the fifth amendment.]”
Shuttlesworth v. Birmingham 394 US 147 (1969) [not: 373 US 262(63)]
“…our decisions have made clear that a person faced with…an unconstitutional licensing law may ignore it and engage with impunity in the exercise of the right…for which the law purports to require a license.”
 Post borrowed from:  http://www.titanians.org/right-to-travel-is-guaranteed/

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