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The Fundamental Right to Travel and Freedom of Movement
FR | 4/11/2020

Posted on 04/11/2020 8:27:31 AM PDT by cll

“The right to travel is part of the ‘liberty’ of which the citizen cannot be deprived without due process of law under the Fifth Amendment. If that ‘liberty’ is to be regulated, it must be pursuant to the law-making functions of the Congress...Freedom of movement across frontiers in either direction, and inside frontiers as well, was part of our heritage. Travel abroad, like travel within the country,...may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values”. - U.S. Supreme Court in Kent vs. Dulles.


TOPICS: Society; Travel
KEYWORDS: coronavanity; coronavirus; fifthamendment
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When and how did this get overturned?
1 posted on 04/11/2020 8:27:31 AM PDT by cll
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To: cll

THE STATES DO NOT HAVE THE AUTHORITY TO LOCKDOWN THE PUBLIC!!!

And I think it is high time for Millions of Deprivation of Rights Federal Lawsuits to be filed against thousands of elected officials nationwide.

Article 1, Section 9 states, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Congress can declare martial law, because Congress alone is granted the power to suspend the writ. The President, however, is commander-in-chief of the military, and it has been argued that the President can take it upon himself to declare martial law. In these times, Congress may decide not to act, effectively accepting martial law by failing to stop it; Congress may agree to the declaration, putting the official stamp of approval on the declaration; or it can reject the President’s imposition of martial law, which could set up a power struggle between the Congress and the Executive that only the Judiciary would be able to resolve.

https://usconstitution.net/consttop_mlaw.html


2 posted on 04/11/2020 8:31:01 AM PDT by eyeamok
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To: cll

International travel is a whole different story. But I honestly wonder how many people have actually been impeded from traveling domestically here in the U.S.


3 posted on 04/11/2020 8:32:35 AM PDT by Alberta's Child ("And somewhere in the darkness ... the gambler, he broke even.")
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To: cll

The Democrat motto: “Constitution? We don’t need no Constitution.”

The soon to come reply: “Storm the Bastille.”


4 posted on 04/11/2020 8:34:18 AM PDT by Da Coyote
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To: cll

Where are the Federal Judges?

You know, the type that rule against the President all the time?

Where is the judge declaring that closing all public lands, to the people, is unconstitutional?


5 posted on 04/11/2020 8:34:38 AM PDT by Professional
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To: cll

Weren’t there similar restrictions during WWII?


6 posted on 04/11/2020 8:35:16 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: cll

The Constitution is not a suicide pact
-Justice Robert H. Jackson in his dissenting opinion in Terminiello v. Chicago

and

A strict observance of the written law is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to the written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the ends to the means.
-Thomas Jefferson


7 posted on 04/11/2020 8:36:02 AM PDT by Drango (1776 = 2020)
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To: Professional

Here in Washington, we have had judges declare panhandling to be a constitutional right.

But now when law abiding citizens are being locked up, these activists say nothing.


8 posted on 04/11/2020 8:36:42 AM PDT by Professional
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To: Alberta's Child

Today I am impeded from traveling unless I have a car with a tag that ends in an odd number, and only to pickup up food. I can’t even take my wife to see her sister on her birthday, all pursuant to our govenor’s executive order.

In NC, I believe, a couple was pulled over into a parking lot for just driving around.

In another state, people in their cars were fined for attending a drive in church service.


9 posted on 04/11/2020 8:36:53 AM PDT by cll (Serviam!)
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To: cll
See Michigan for reference. Givernor is quite the little tyrant. "Add boating and jet skiing to the list of things that will have to wait until Michigan’s COVID-19 stay-at-home order is over. Motorboats, jet skis and other motorized watercraft are not considered permittable outdoor activity under the revised stay-at-home order in effect through April 30, according to a clarification posted to the state’s coronavirus stay-at-home order FAQ page." But peoole can use a boat with oars. 🙄 Also, no traveling between homes in the state.
10 posted on 04/11/2020 8:38:30 AM PDT by madison10 (Wash your hands & say your prayers cause Jesus & germs are everywhere)
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To: eyeamok

There hasn’t been any Invasion or Rebellion ...., yet.


11 posted on 04/11/2020 8:40:27 AM PDT by semaj (We are the People!)
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To: cll

In Drivers’ Ed, way back when, we were taught that driving was not a right, but a privilege, since the roads were public.


12 posted on 04/11/2020 8:40:59 AM PDT by gloryblaze
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To: cll

I am bothered by government officials who try to tell me what to do and what not to do. This is nothing new. Those folks have always bothered me.

But I am more bothered by those people who think their personal rights trump everything. National emergency? Pandemic? No matter. If I want to gather in a group of 100, elbow to elbow, I should be able to do so.

And if I want to yell “fire” in a crowed theater, I should be able to do so. Free speech, right?

Look, I trust President Trump. And I trust the medical experts. Sure, Trump could be wrong. And the medical experts could be wrong. But this is serious business. So I’ll go with people I trust.


13 posted on 04/11/2020 8:42:31 AM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: cll

Whoa. I thought Michigan was bad. We can still travel to shop for food and walk the dog. Even the hardware for necessities.

Sorry about your wife’s birthday plans.


14 posted on 04/11/2020 8:43:01 AM PDT by madison10 (Wash your hands & say your prayers cause Jesus & germs are everywhere)
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To: Drango

So, one must voluntarily surrender his liberty, or get it taken away by due process or an Act of Congress, none of which has happened. We are operating at the whim and capriciousness of the several governors, to which many citizens have submitted themselves, including you, I suppose.


15 posted on 04/11/2020 8:43:47 AM PDT by cll (Serviam!)
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To: dfwgator

So?


16 posted on 04/11/2020 8:44:15 AM PDT by cll (Serviam!)
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To: madison10

We’re going anyway!


17 posted on 04/11/2020 8:47:10 AM PDT by cll (Serviam!)
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To: Leaning Right

2,200,000>240,000>80,000>60,000>...


18 posted on 04/11/2020 8:50:22 AM PDT by cll (Serviam!)
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To: dfwgator

> Weren’t there similar restrictions during WWII? <

My father was working on the Virginia coast when Pearl Harbor happened. He said that everyone was told to keep their drapes closed at night. And cover the top half of your car’s headlights. This was to reduce light, light that could silhouette merchant ships for lurking U-boats.

No one whined about their rights being violated. They just followed instructions. Because the instructions made sense. Same goes with most of what we’re told to do today.

Is what we’re being told to do today an overreaction? Maybe. But the same goes for what folks were told to do back in 1941. Err on the side of caution.


19 posted on 04/11/2020 8:53:23 AM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: cll

“Our constitution is great, but it doesn’t necessarily give us the right to commit suicide, okay? - Donald J Trump


20 posted on 04/11/2020 8:54:42 AM PDT by Drango (1776 = 2020)
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