Can Biden restrict travel to Florida?

American Thinker ^ | 16 Feb, 2021 | Sheldon Karasik

[MtnClimber]

How far can the fit-throwing over Florida's freedom-encouraging COVID policies go?

President Rip Van Biden apparently hasn't had the time to read the Constitution after awakening from his four-year slumber.

He has now threatened to impose a "travel ban," restricting the rights of people to travel in and out of Florida. Should he attempt to pursue this policy, it will be through executive order, the only manner of governance with which he is apparently familiar. The order would also presumably exempt illegal aliens since they have a free ticket for ingress into all fifty states.

Before he takes pen to paper, the president should have a look at the U.S. Constitution. The Privileges and Immunities Clause of Article IV, Section 2 states that "[t]he citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." This constitutional provision would make any travel ban per se unconstitutional. For just under two hundred years, freedom of movement from one state to another has been recognized as a fundamental constitutional right pursuant to the Privileges and Immunities Clause. In Corfield v. Coryell, decided by the U.S. Supreme Court in 1823, the Court held that the privileges and immunities enjoyed by citizens of one state of which they cannot be deprived by other states include "the right of a citizen of one State to pass through, or to reside in any other State, for purposes of trade, agriculture, professional pursuit or otherwise."

In addition, the right to travel within the United States has been recognized as a liberty interest that no person can be deprived of without due process of law under the Fifth Amendment to the Constitution.

[Political Junkie Too]

Democrats want to keep the parts of the Constitution that define their offices, but discard the parts that restrict their powers.

-PJ

[discostu]

Travel restriction thing can be odd. There are valid reasons to do it, but owing to federal regulations you’re not allowed to “pick on” a state. Like when CA had their medfly problem. AZ put in restrictions for transporting fruits and vegetables. But they weren’t allowed to be anti-CA, so we had to put the checkpoints on all our state borders.

[bert]

No

Such a restriction is in effect his death warrant

[damper99]

Stroke of the pen, law of the land...kinda cool. Constitution doesn’t apply except when Democrats can use it for their benefit. If Biden restricts travel, he’ll be backed up by the courts.

[Wiser now]

Is this just air travel or does he plan to build a wall across I-75 at the GA border? We will purchase a local map and find a way around it, by golly.
Due to COVID we had to go one full year without seeing our two youngest grandchildren when they were at an age where they were growing up rapidly.
Such an EO would be unconstitutional? Since when have Dems. cared about that?

[cowboyusa]

It’s not often you find an article where the author has the same last name as you.