The fact is, there is
a "precedent" in travel.
My research proves
that the fourteenth amendment to the Constitution, i.e., constitutes Amdt14.S1.8.13.2
Interstate Travel as a Fundamental Right, therefore, "All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens of
the United States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws."
However, there is
also the ArtIV.S2.C1.13
Right to Travel and Privileges and Immunities Clause, too. "Article
IV, Section 2, Clause 1: The Citizens of
each State shall be entitled to all Privileges and Immunities of Citizens in
the several States. The Supreme Court
has long recognized the right to travel from one state to another under the
Privileges and Immunities Clause,
as well as other constitutional provisions. For
example, the Court held that a state could not constitutionally limit access to
medical care to its own residents, and deny access to nonresidents, without
interfering with the right to travel.
Insofar as
international travel, according to scholar.smu.ed/law, "... Surprisingly,
Americans do not enjoy such a right. Under current Supreme Court precedents,
the right to travel abroad is merely an aspect of liberty that may be
restricted within the bounds of due process. The controversial No Fly List is
one result. Another is a new rule that went into effect in February 2008, under
which all travelers now require the express prior permission of the U.S.
Government to board any aircraft or maritime vessel that will enter or leave
the United States. Although the War on Terror raises new concerns about a
right-to-travel case law developed during the Cold War, no one has yet made the
case for stronger constitutional protection for international travel..."
Why is a travel
"precedent" important?
According to Google's
AI overview, among the several
cases involving a travel "precedent" cited that were decided by
SCOTUS: "...Supreme Court cases that established or
expanded the right to travel include: Kent
v. Dulles (1958) The court ruled that the Secretary of State violated
citizens' rights by denying them passports for refusing to answer questions
about their beliefs. This case established the right to travel abroad."
Yet in another case, Shapiro v. Thompson (1969) an
issue having little to do with a travel "precedent" was related to
receiving welfare The court ruled that the right to travel
from one state to another is a constitutional right. The court also ruled that
residency waiting periods for welfare violated the Equal Protection Clause of
the Fourteenth Amendment.
The importance of the little known
aspects of a travel "precedent" could one day affect you, too, in ways
that involve more than, the enjoyment and collection of memories for those days
when you will be only an armchair traveler.
Happy traveling!
