The Right to Travel: A Fundamental Right of Citizenship

The right to travel within the United States is a fundamental right, existing before the creation of the United States and appearing in the Articles of Confederation. The right to travel is recognized and protected by the U.S. Constitution and the Supreme Court. This travel right entails privacy, leaving citizens free to travel interstate without government interference and intrusion. In the post-hijacking surveillance society, the imposition of official photo identification for travel, watch-list prescreening programs, and airport screening and search methods unreasonably burden the right to travel. They undermine citizens' rights to travel and privacy. These regulations impermissibly require citizens to relinquish one fundamental right of privacy in order to exercise another fundamental right of travel. The original conception of travel rights embodies the right as a broadly-based one that encompasses all modes of transportation. Its explicit articulation in the Articles of Confederation remains implicit in the Privileges and Immunities Clause of the U.S. Constitution. Contrary to arguments in the appellate single mode doctrine, if any mode of travel is abridged, then citizens' constitutionally enshrined right to travel is violated. The Supreme court needs to articulate an originally consistent and politically robust doctrine of the multi-modal right to travel.

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  • Authors:
    • Sobel, Richard
    • Torres, Ramon L
  • Publication Date: 2013

Language

  • English

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 01489821
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 12 2013 4:12PM