17.3 Interstate Travel and Migration
6 min read•july 30, 2024
The right to interstate travel and migration is a fundamental freedom protected by the Constitution. It ensures citizens can move freely between states, pursue opportunities, and establish residency anywhere in the nation. This right is essential for maintaining national unity and individual liberty.
Courts apply strict scrutiny to restrictions on interstate travel, requiring compelling government interests and narrow tailoring. The right stems from the Privileges and Immunities Clauses and , safeguarding equal treatment of citizens across state lines and facilitating a cohesive national economy.
Right to Interstate Travel
Constitutional Protection of Interstate Travel and Migration
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- The U.S. Constitution protects the right of citizens to travel freely between states and to establish residence in any state
- The right to interstate travel and migration is considered a fundamental right, closely tied to the concept of personal liberty and freedom of movement
- This right is essential for maintaining the unity and cohesion of the nation, allowing individuals to pursue opportunities and engage with communities across state lines
- The right to interstate travel and migration is not explicitly mentioned in the Constitution but has been recognized by the Supreme Court as implicit in various constitutional provisions (Privileges and Immunities Clauses, Commerce Clause)
Strict Scrutiny of Restrictions on Interstate Travel and Migration
- Restrictions on the right to interstate travel and migration are subject to strict scrutiny, requiring a compelling governmental interest and narrowly tailored means
- This high level of scrutiny reflects the fundamental nature of the right and the importance of protecting individual liberty and freedom of movement
- To justify a restriction on interstate travel and migration, the government must demonstrate that the restriction is necessary to achieve a compelling state interest and that no less restrictive means are available
- Examples of compelling state interests that may justify limited restrictions include protecting public health during a pandemic or ensuring the integrity of state benefits programs
Sources of Interstate Travel Rights
Privileges and Immunities Clauses
- The of Article IV, Section 2 prohibits states from discriminating against citizens of other states in terms of the privileges and immunities of state citizenship
- The Supreme Court has interpreted the Privileges and Immunities Clause to protect the right to interstate travel and migration, as it ensures that citizens of one state are treated equally in other states
- This clause prevents states from imposing unreasonable burdens or restrictions on citizens of other states who seek to travel or establish residence within their borders
- The Privileges or Immunities Clause of the Fourteenth Amendment has also been cited as a source of the right to interstate travel and migration, though its scope and application have been more limited
Commerce Clause
- The Commerce Clause, which grants Congress the power to regulate interstate commerce, has been used to protect the right to interstate travel and migration from state-imposed burdens or restrictions
- The Supreme Court has recognized that the right to interstate travel and migration is necessary for the proper functioning of the federal system and the national economy
- Restrictions on interstate travel and migration can have a significant impact on interstate commerce, as they may hinder the free flow of goods, services, and labor across state lines
- The Commerce Clause allows Congress to preempt state laws that unduly burden or discriminate against interstate travel and migration, ensuring a cohesive national market and protecting individual freedom of movement
Limitations on Interstate Travel
Permissible State Regulations
- While the right to interstate travel and migration is fundamental, it is not absolute and may be subject to certain limitations
- States may impose reasonable, non-discriminatory regulations on interstate travel and migration to promote legitimate state interests, such as public health, safety, or welfare
- Examples of permissible state regulations include requiring drivers to obtain a state license, mandating vehicle insurance, or imposing speed limits on highways
- for certain state benefits or privileges, such as in-state tuition or hunting licenses, have been upheld as permissible limitations on the right to interstate travel and migration
Restrictions Based on Suspect Classifications
- Restrictions on interstate travel and migration that are based on suspect classifications, such as race or national origin, are subject to strict scrutiny and are generally unconstitutional
- Such restrictions are presumed to be motivated by prejudice or animus and are rarely, if ever, justified by a compelling state interest
- Examples of unconstitutional restrictions based on suspect classifications include laws that prohibit or discriminate against the migration of individuals based on their race, ethnicity, or national origin
- These types of restrictions violate not only the right to interstate travel and migration but also the Equal Protection Clause of the Fourteenth Amendment
Emergency Limitations
- In times of emergency or crisis, such as a pandemic, states may impose temporary restrictions on interstate travel and migration to protect public health, but these restrictions must be justified by a compelling interest and narrowly tailored
- Emergency restrictions on interstate travel and migration must be based on scientific evidence and public health guidelines, not arbitrary or discriminatory factors
- Examples of emergency limitations that may be permissible include requiring travelers from high-risk areas to quarantine upon arrival or temporarily suspending non-essential travel during a surge in COVID-19 cases
- However, even in times of emergency, restrictions on interstate travel and migration must be continually reassessed and lifted as soon as the compelling justification no longer exists
Interstate Travel in Context
Access to Welfare Benefits
- The right to interstate travel and migration has been applied in the context of access to welfare benefits, with the Supreme Court striking down durational residency requirements for such benefits as unconstitutional
- In Shapiro v. Thompson (1969), the Court held that a one-year residency requirement for welfare benefits violated the right to interstate travel and migration, as it penalized the exercise of this fundamental right
- The Court reasoned that the residency requirement created an impermissible "waiting period" that discriminated against new residents and deterred interstate migration
- This decision affirmed that states cannot impose significant burdens on the right to interstate travel and migration, even in the context of distributing state benefits
Voting Rights
- The right to interstate travel and migration has also been invoked in the context of voting rights, with the Supreme Court invalidating certain residency requirements for voting as unconstitutional burdens on this right
- In Dunn v. Blumstein (1972), the Court struck down a one-year residency requirement for voting in state elections, finding that it unconstitutionally interfered with the right to interstate travel and migration
- The Court held that the residency requirement was not narrowly tailored to achieve the state's interest in preventing voter fraud and ensuring a knowledgeable electorate
- This decision demonstrated that the right to interstate travel and migration extends to the fundamental right to vote and that states cannot impose excessive residency requirements that deter or penalize interstate migration
Other Contexts
- The application of the right to interstate travel and migration in other contexts, such as employment or housing, has been more limited, with courts generally upholding non-discriminatory regulations that serve legitimate state interests
- For example, states may require professional licenses for certain occupations to ensure public safety and welfare, even if these requirements may indirectly burden interstate migration
- Similarly, local zoning laws that restrict the availability of housing may be upheld if they are based on legitimate land use concerns and do not discriminate against interstate migrants
- However, regulations that directly target or discriminate against interstate migrants in the contexts of employment or housing are likely to be subject to strict scrutiny and may be struck down as unconstitutional burdens on the right to interstate travel and migration
Key Terms to Review (16)
Brain drain: Brain drain refers to the phenomenon where skilled and educated individuals leave their home country to seek better opportunities abroad. This movement can significantly impact the economy and development of the originating country, leading to a shortage of talent in crucial sectors such as healthcare, technology, and education. As a result, brain drain can exacerbate existing social and economic inequalities while benefiting the countries receiving these skilled workers.
Commerce Clause: The Commerce Clause is a constitutional provision that grants Congress the power to regulate commerce among the states, with foreign nations, and with Indian tribes. This clause serves as a fundamental component of federal authority, impacting various aspects of legislative processes, state powers, and the balance between federal and state regulations.
Dormant commerce clause: The dormant commerce clause is a legal doctrine that prohibits states from enacting legislation that discriminates against or excessively burdens interstate commerce, even in the absence of federal regulation. This principle ensures that the economic market remains open and free from protectionist state laws, promoting a unified national economy.
Dust bowl migration: Dust bowl migration refers to the mass movement of people from the Great Plains region of the United States during the 1930s, primarily caused by severe drought and poor agricultural practices that led to dust storms. This phenomenon highlighted the struggles of farming families who fled their homes in search of better living conditions and economic opportunities, significantly impacting population distribution and interstate travel patterns during that era.
Economic integration: Economic integration is the process by which two or more economies become more closely aligned through the reduction of trade barriers and increased economic cooperation. This integration can take various forms, such as free trade agreements, customs unions, or even complete economic unions, which can enhance economic efficiency and promote growth. In the context of interstate travel and migration, economic integration plays a significant role in shaping the movement of people and resources across state lines.
Federalism: Federalism is a system of government in which power is divided between a central authority and constituent political units, such as states. This division of powers allows for a balance between national interests and local governance, creating a complex relationship that influences the regulation of activities, legal interpretations, and the interaction between different levels of government.
Fundamental right to travel: The fundamental right to travel refers to the constitutional right of individuals to move freely between states and to establish residency in any state of their choosing. This right is essential for the exercise of personal liberty, economic opportunity, and participation in civic life, and has been recognized as a fundamental aspect of the American constitutional system.
Great Migration: The Great Migration refers to the mass movement of over six million African Americans from the rural Southern United States to urban centers in the North and West between 1916 and 1970. This migration was driven by a combination of push factors like racial discrimination, economic hardship, and violence in the South, alongside pull factors such as job opportunities and better living conditions in industrial cities.
In-state tuition laws: In-state tuition laws are regulations that allow students who are residents of a state to pay lower tuition fees at public colleges and universities within that state compared to out-of-state students. These laws are often established to encourage local students to pursue higher education in their home state and to promote access to affordable education for residents. By defining residency requirements, these laws also influence interstate migration as students decide where to establish residency based on the financial implications for their education.
Interstate compact: An interstate compact is a formal agreement between two or more states in the United States that is approved by Congress. These compacts allow states to work together on shared issues, manage resources, and address problems that cross state lines, reflecting cooperation and collaboration in governance.
Privileges and immunities clause: The privileges and immunities clause is a provision in Article IV of the U.S. Constitution that prohibits states from discriminating against citizens of other states. It ensures that individuals from one state are treated equally when they enter another state, promoting national unity and encouraging interstate travel and migration by granting essential rights and protections to all citizens.
Real ID Act: The Real ID Act is a federal law enacted in 2005 that establishes minimum security standards for state-issued driver's licenses and identification cards, requiring them to be compliant with federal guidelines. It aims to enhance the reliability of identification used for federal purposes, especially in the context of boarding commercial flights and accessing federal facilities. The Act reflects the government's commitment to improve national security by ensuring that only verified individuals can obtain official identification documents.
Residency Requirements: Residency requirements are legal criteria that determine how long a person must reside in a particular state or jurisdiction before they can exercise certain rights or privileges, such as voting or accessing public benefits. These requirements often aim to establish a connection between the individual and the community, ensuring that individuals are familiar with local issues and invested in their governance. Understanding residency requirements is important, especially in the context of interstate travel and migration, where individuals move across state lines for various reasons, including employment, education, or family matters.
Saenz v. Roe: Saenz v. Roe is a significant Supreme Court case from 1999 that addressed the right to travel and the implications of residency requirements for welfare benefits. The ruling emphasized that states cannot impose residency requirements that unfairly discriminate against new residents, highlighting the constitutional right to move freely between states and access equal protection under the law.
State Sovereignty: State sovereignty refers to the authority of a state to govern itself, make its own laws, and manage its internal affairs without external interference. This concept underscores the balance of power between state and federal governments, especially regarding the limits of federal authority over states in areas like legislation, regulation, and enforcement.
United States v. Guest: United States v. Guest is a significant Supreme Court case from 1966 that addressed the constitutional right to travel between states and the protection of that right from state interference. The case involved the prosecution of individuals for violations of federal civil rights laws when they impeded interstate travel, highlighting the importance of maintaining free movement across state lines as a fundamental liberty.