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intheflow

(30,189 posts)
30. So I went to this wiki page and you've chosen a quote based on pre-Civil War case law.
Wed Aug 3, 2022, 07:01 PM
Aug 2022

Most of the rest of the Wikipedia page lists how the Federal Government has supported and strengthened interstate travel rights. Here are some other quotes from further down the page:

"The U.S. Supreme Court in Crandall v. Nevada, 73 U.S. 35 (1868) declared that freedom of movement is a fundamental right and therefore a state cannot inhibit people from leaving the state by taxing them. In United States v. Wheeler. 254 U.S. 281 (1920), the Supreme Court reiterated its position that the Constitution did not grant the federal government the power to protect freedom of movement. However, Wheeler... was the first to locate the right to travel in the privileges and immunities clause, providing the right with a specific guarantee of constitutional protection.[8] By reasoning that the clause derived from Article IV of the Articles of Confederation, the decision suggested a narrower set of rights than those enumerated in Corfield, but also more clearly defined those rights as absolutely fundamental.[9] The Supreme Court began rejecting Wheeler's reasoning within a few years. Finally, in United States v. Guest, 383 U.S. 745 (1966), the Supreme Court overruled Chief Justice White's conclusion that the federal government could protect the right to travel only against state infringement.[2][3][10]"

and

"The U.S. Supreme Court also dealt with the right to travel in the case of Saenz v. Roe, 526 U.S. 489 (1999). In that case, Justice John Paul Stevens, writing for the majority, held that the United States Constitution protected three separate aspects of the right to travel among the states:

(1) the right to enter one state and leave another (an inherent right with historical support from the Articles of Confederation)..."

and

"A strong right to freedom of movement may yet have even farther-reaching implications. The Supreme Court has acknowledged that freedom of movement is closely related to freedom of association and to freedom of expression. Strong constitutional protection for the right to travel may have significant implications for state attempts to limit abortion rights, ban or refuse to recognize same-sex marriage, and enact anti-crime or consumer protection laws. It may even undermine current court-fashioned concepts of federalism.[15][16][17][18][19]"

----

All emphasis is mine, and God knows this SCOTUS wants to bring the country back to a pre-Civil War society. But that doesn't mean that there isn't a boatload of historical Constitutional and SCOTUS support FOR free and unfettered freedom of movement.

*Edited for dumb typos.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Thx..the red states can go pound salt. A person pregnant or not is NOT a citizen of a state PortTack Aug 2022 #1
Zacly! elleng Aug 2022 #2
Same thought, BidenRocks Aug 2022 #12
They can kick rocks even! nt Shermann Aug 2022 #13
Well, I want to take this straight into the gutter... rubbersole Aug 2022 #25
Yup. There was no danger that TRAVEL could be made illegal. Silly stuff. nt Hortensis Aug 2022 #28
Yabut, we now have the Subversive 6 on the Extreme Court Hermit-The-Prog Aug 2022 #3
Kavanaugh has said restriction of movement could not be supported PortTack Aug 2022 #4
He also said Roe v Wade was settled law. Ray Bruns Aug 2022 #5
It depends on your definition of "settled" Shermann Aug 2022 #15
Just-us Beer Bong Weenie Waver lies. Hermit-The-Prog Aug 2022 #6
So, in his opinion, restriction of movement is settled law? FSogol Aug 2022 #7
I get what you are saying. It has to do with interstate commerce, not just abortion PortTack Aug 2022 #10
Red states probably can't stop women from traveling to another state for an abortion, but Lonestarblue Aug 2022 #8
☝️☝️☝️☝️☝️☝️ PortTack Aug 2022 #11
Do they have jurisdiction over actions taken in another state? LiberalFighter Aug 2022 #17
"Conspiracy" to travel and commit a "crime" in another state possibly... paleotn Aug 2022 #24
I suspect that's what inflamed the Kansas voters. calimary Aug 2022 #19
I'm a 64 y.o. white male..... getagrip_already Aug 2022 #21
Why would records of positive pregnancy tests wnylib Aug 2022 #26
If women go to a crisis pregnancy center for a test, the staff can (and will) report the pregnancy Lonestarblue Aug 2022 #29
Women who do not want to be pregnant wnylib Aug 2022 #34
Thank you! I love when our legal eagles 'splain things so clearly. liberalla Aug 2022 #9
Never underestimate the lengths these radical forced-birthers... Purrfessor Aug 2022 #14
Dinner and bowel movements are not in the Constitution bucolic_frolic Aug 2022 #16
Judicially recognized...so was Roe. Volaris Aug 2022 #18
There was once an Iron Curtain that locked its people inside its borders hvn_nbr_2 Aug 2022 #20
There is also freedom from involuntary servitude Warpy Aug 2022 #22
Feds can't protect freedom of movement from state to state duckworth969 Aug 2022 #23
But Federal statutes do. Section 1983 actions bronxiteforever Aug 2022 #27
Ok, thanks for that info duckworth969 Aug 2022 #31
You are welcome! But bronxiteforever Aug 2022 #33
So I went to this wiki page and you've chosen a quote based on pre-Civil War case law. intheflow Aug 2022 #30
Ah, ok duckworth969 Aug 2022 #32
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