Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: lentulusgracchus
If you can find a single reference in the Bill of Rights -- or even the U.S. Constitution as a whole -- to a "freedom to travel," then you might have a point.

In fact, the U.S. Constitution specifically gives the Federal government the authority to "regulate interstate commerce," and to build and maintain "post roads," ports and harbors -- and that's about all. Anything above and beyond that -- including the construction of a "free" system of highways -- was never part of the deal.

96 posted on 02/12/2007 2:14:04 PM PST by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
[ Post Reply | Private Reply | To 81 | View Replies ]


To: Alberta's Child
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.


117 posted on 02/12/2007 2:25:02 PM PST by weegee (No third term. Hillary Clinton's 2008 election run presents a Constitutional Crisis.)
[ Post Reply | Private Reply | To 96 | View Replies ]

To: Alberta's Child
If you can find a single reference in the Bill of Rights -- or even the U.S. Constitution as a whole -- to a "freedom to travel," then you might have a point.

Okay, let's take away your freedom to travel, since you've disparaged mine, and discuss this again later when you've been cooped up in your house for about 100 days and unable to leave home.

Smartypants. See how you like it when the shoe's on the other foot. Pinches, huh?

Oh, and the cite is the Ninth Amendment, which specifies that freedom is the default condition in all things not invaded by the legislature's lawmaking power. That's the concept that Bob Bork got hosed on, when he was up for confirmation as an Associate Justice.

119 posted on 02/12/2007 2:25:18 PM PST by lentulusgracchus ("Whatever." -- sinkspur)
[ Post Reply | Private Reply | To 96 | View Replies ]

To: Alberta's Child
If you can find a single reference in the Bill of Rights -- or even the U.S. Constitution as a whole -- to a "freedom to travel," then you might have a point.

It is impossible for people to "assemble" without traveling to the point of assembly. The freedom of the people to assemble is explicitly guaranteed in the First Amendment. Q.E.D.

208 posted on 02/12/2007 8:39:06 PM PST by steve-b (It's hard to be religious when certain people don't get struck by lightning.)
[ Post Reply | Private Reply | To 96 | View Replies ]

To: Alberta's Child

You lost that argument when they build what is now US 40.


209 posted on 02/12/2007 8:39:53 PM PST by muawiyah
[ Post Reply | Private Reply | To 96 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson