Also known as:voting with their feet · voted with their feet · exit · Tiebout sorting
Written by attorneys · grounded in primary & secondary sources — see below
A form of political expression in which citizens relocate to a different jurisdiction to live under laws or policies that better align with their preferences.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Common Law
Restatements
Study Supplements
How it applies
Common Examples
6
Burglary Law Prompts Relocation
Vivian Velez resided in a state where courts held that a breaking only to exit did not satisfy the burglary element even after hiding inside with felonious intent. After consulting local counsel about the rule's limits, she moved to a neighboring state whose courts applied a broader entry-focused test. Her relocation allowed her to operate a business without the same exposure to burglary charges for similar conduct.
Signage Rules Drive Business Move
Vance Vogel operated a small church in a town that restricted temporary directional signs under content-based rules. After the Supreme Court invalidated similar ordinances, he relocated his congregation to a neighboring municipality with more permissive sign regulations. The move allowed the church to post announcements without prior approval or size limits.
Vito Villarreal served on the town council of a municipality that opened meetings with sectarian prayers. Following litigation upholding the practice, he moved his family to a nearby town that adopted a rotating, inclusive prayer policy. The relocation let him participate in local government without the prior religious-establishment concerns.
Town of Greece v. Galloway572 U.S. 565 (2014)
Miranda Warning Differences Attract Residents
Viktor Voronin faced questioning in a state whose courts required explicit warnings before any custodial interrogation. After learning of a neighboring state's more flexible approach to implied waivers, he relocated his residence and business there. The move reduced his litigation risk in future investigations.
Florida v. Powell559 U.S. 50, 59 (2010)
Ex Post Facto Concerns Prompt Move
Vanessa Vega owned property in a state that revived time-barred prosecutions through new legislation. After the Supreme Court struck down such revivals, she sold her holdings and moved to a state without similar revival statutes. The relocation protected her from potential retroactive criminal exposure.
Stogner v. California539 U.S. 607 (2003)
Sovereign Immunity Rules Influence Relocation
Veronica Villanueva operated a business that frequently crossed state lines. After courts in her home state permitted suits against out-of-state governments without consent, she relocated operations to a state that maintained stricter immunity barriers. The move shielded the enterprise from cross-border litigation.
Nevada v. Hall440 U.S. 410, 421-424 (1979)
Common questions
Frequently Asked
3
What does voting with their feet accomplish in a federal system?+
It allows citizens to select among competing state legal regimes by relocating, thereby aligning their residence with preferred policies on issues such as criminal procedure and religious expression.
Supporting sources
Does the concept require actual physical movement?+
Yes. The phrase describes relocation from one jurisdiction to another rather than mere political advocacy or voting within a single state.
Supporting sources
How does the mechanism protect individual liberty?+
By enabling exit from disfavored regimes, it limits any single government's ability to impose uniform policies nationwide and preserves state-level diversity.
Supporting sources
138 S. Ct. 2392 (2018)Legislation and Regulation
…to broad executive action. See Rajah v. Mukasey , 544 F. 3d 427, 433, 438–439 (CA2 2008) (upholding National Security Entry-Exit Registration System instituted after September 11, 2001). Mandel ’s narrow standard of review “has particular force” in admission and immigration cases that overlap with “the area of…
Criminal Law Constitutional ProtectionsConstitutional protections of accused persons · Confession and privilege against self-incrimination [Fifth Amendment]NEXTGENFoundational