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This page contains all of the posts and discussion on MemeStreams referencing the following web page: Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net. You can find discussions on MemeStreams as you surf the web, even if you aren't a MemeStreams member, using the Threads Bookmarklet.

Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net
by Lost at 8:38 pm EST, Feb 2, 2008

The Right To Travel

As the Supreme Court notes in Saenz v Roe, 98-97 (1999), the Constitution does not contain the word "travel" in any context, let alone an explicit right to travel (except for members of Congress, who are guaranteed the right to travel to and from Congress). The presumed right to travel, however, is firmly established in U.S. law and precedent. In U.S. v Guest, 383 U.S. 745 (1966), the Court noted, "It is a right that has been firmly established and repeatedly recognized." In fact, in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion that "it is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is a virtually unconditional personal right, guaranteed by the Constitution to us all." It is interesting to note that the Articles of Confederation had an explicit right to travel; it is now thought that the right is so fundamental that the Framers may have thought it unnecessary to include it in the Constitution or the Bill of Rights.
Thanks to Marko Liias for the idea. Thanks to W.H. van Atteveldt for the note about Congressional travel.


 
 
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