Legal Definitions - right to travel

The right to travel is a fundamental constitutional principle that allows individuals to move freely between the states of the United States without undue burdens or restrictions imposed by state governments. This right ensures that American citizens can reside in, visit, and pass through any state they choose, promoting national unity and preventing states from isolating themselves or discriminating against new residents.

Here are some examples illustrating the right to travel:

• State-Imposed Waiting Periods for Benefits: Imagine a state passes a law requiring new residents to live within its borders for two years before they can qualify for certain state-funded social services, such as unemployment benefits or specific healthcare programs, even if they are paying state taxes. Long-term residents, however, are immediately eligible.

  This example illustrates the right to travel because such a law could be challenged as an unconstitutional burden on individuals who choose to relocate to that state. By denying essential benefits solely based on recent residency, the state is effectively penalizing people for exercising their right to move and establish a new home, thereby impeding free movement between states.

• Discriminatory Professional Licensing: Consider a scenario where a state's professional licensing board requires individuals who obtained their professional license (e.g., as a doctor, lawyer, or engineer) in another state to undergo an entirely new, lengthy, and expensive examination process, even if their previous state's licensing requirements were equivalent or more rigorous. This requirement is applied solely because they are new residents, while those licensed within the state face no such hurdle for renewal.

  This situation demonstrates the right to travel because it creates an unnecessary and discriminatory barrier for professionals seeking to move and work in a new state. By making it significantly harder for out-of-state licensees to practice their profession, the state is impeding the free movement of labor and individuals across state lines, thereby infringing on their ability to relocate and earn a living.

• Restrictions on Vehicle Registration for New Residents: Suppose a state enacts a law that imposes a significantly higher vehicle registration fee for cars that were previously registered in another state, compared to vehicles that have always been registered within its borders. This additional fee applies to new residents attempting to register their existing vehicles.

  This example highlights the right to travel because it places a direct financial penalty on individuals who have recently moved into the state and are attempting to comply with local regulations. Such a discriminatory fee could be seen as an attempt to deter or burden new residents, thereby interfering with their constitutional right to relocate and establish residency without undue financial disincentives based on their prior state of residence.