Also known as: right to interstate travel · interstate travel right · right to travel · freedom of movement
Written by attorneys · grounded in primary & secondary sources — see below
A fundamental constitutional right that protects citizens' freedom to move between states and to receive equal treatment as new residents without penalties imposed solely because of recent interstate migration.
Renee Rogers moved from one state to another seeking stable work and applied for state-funded food assistance two months later. The agency denied her application under a statute requiring twelve months of residency. The right to travel rendered the denial unconstitutional because the durational rule penalized her recent interstate move and lacked a permissible justification.
Rita Russell relocated from State X to State Y and sought rental vouchers for low-income housing three months after arrival. Officials rejected her application citing a nine-month residency statute. The right to travel required equal treatment for new residents, so the waiting period violated the Fourteenth Amendment by burdening her recent move.
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Raymond Ramos moved to Iowa and filed for divorce six months later. The court dismissed the action under a one-year residency statute. The right to travel was invoked to protect his ability to establish residency and access the courts on equal terms with longer-term residents.
Riley Rivera drove across state lines and sought lodging at a motel that refused service to out-of-state guests. The right to travel ensured that interstate movement could not be obstructed by private discrimination backed by state law.
Ravi Reddy was driving between states when an officer stopped him without reasonable suspicion tied to any crime. The right to travel protected against arbitrary interference with interstate movement even during a brief detention.
Rebecca Ross registered to vote in her new state shortly after relocating. Officials imposed an extended waiting period before allowing her to cast a ballot. The right to travel required that new residents receive equal access to the franchise without durational barriers.
Yes. A state may not condition basic subsistence benefits on a fixed period of residency when the purpose or effect is to deter poor persons from moving into the state. The Constitution protects the fundamental right to travel between states, which includes the right of new residents to be treated like other residents for essential benefits once they are bona fide residents.
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Strict scrutiny applies because the classification penalizes the exercise of a fundamental right. Protecting the state treasury by discouraging the migration of indigent persons is not a compelling justification.
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No. Fiscal concerns alone do not justify a durational residency rule that burdens the right to travel. The requirement is unconstitutional when its evident purpose and effect penalize recent interstate migrants.
Yes. Congress may prohibit private conspiracies that interfere with rights of national citizenship, including the right to interstate travel, and private actors may face federal civil liability for such deprivations.
Supporting sources
…or any person.” 278 U. S., at 122. The present ordinance is challenged on several grounds: that it interferes with a person’s right to travel; that it interferes with the right to migrate to and settle within a State; that it bars people who are uncongenial to the present residents; that it expresses the social preferences of the…