Right to Travel Sources

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SOURCES OF THE RIGHT TO TRAVEL: The 5th Amendment, the 14th Amendment, the Commerce Clause; Art. 1 Sect. 8 Clause 3, Privileges & Immunities Clause, the Ninth Amendment, and the Tenth Amendment of the Bill of Rights. At this time we have not found any cases that state the right to travel came from the 9th or the 10th Amendments but because the 9th amendment includes all non-enumerated rights it is clearly a possible source...as for the tenth amendment the same can be said. 

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." 

THE PRIVILEGES AND IMMUNITIES CLAUSE

“Our cases have firmly established that the right of interstate travel is constitutionally protected, does not necessarily rest on the Fourteenth Amendment, and is assertable against private as well as governmental interference. Shapiro v. Thompson, 394 U.S. 618, 629—631, 89 S.Ct. 1322, 1328—1330, 22 L.Ed.2d 600; id., at 642—644, 89 S.Ct., at 1335—1336 (concurring opinion); *106 United States v. Guest, 383 U.S. 745, 757—760 and n. 17, 86 S.Ct. 1170, 1177—1180, 16 L.Ed.2d 239; Twining v. New Jersey, 211 U.S. 78, 97, 29 S.Ct. 14, 18, 53 L.Ed. 97; Slaughter- House Cases, 16 Wall. 36, 79—80, 21 L.Ed. 394; Crandall v. Nevada, 6 Wall. 35, 44, 48—49, 18 L.Ed. 744; Passenger Cases (Smith v. Turner), 7 How. 283, 492, 12 L.Ed. 702 (Taney, C.J., dissenting). The ‘right to pass freely from state to state’ has been explicitly recognized as ‘among the rights and privileges of national citizenship.’ Twining v. New Jersey, supra, 211 U.S., at 97, 29 S.Ct., at 19. That right, like other rights of national citizenship, is within the power of Congress to protect by appropriate legislation. E.g., United States v. Guest, supra, 383 U.S., at 759, 86 S.Ct., at 1178; United States v. Classic, 313 U.S. 299, 314—315, 61 S.Ct. 1031, 1037—1038, 85 L.Ed. 1368; Ex parte Yarbrough, 110 U.S. 651, 4 S.Ct. 152, 28 L.Ed. 274; Oregon v. Mitchell, 400 U.S. 112, 285—287, 91 S.Ct. 260, 345—346, 27 L.Ed.2d 272 (concurring and dissenting opinion).” Griffin v. Breckenridge, 403 U.S. 88 (1971)

“Thus, among the rights and privileges of national citizenship recognized by this court are the right to pass freely from state to state (Crandall v. Nevada, 6 Wall. 35, 18 L. ed. 745);” and “the right to enter the public lands (United States v. Waddell, 112 U. S. 76, 28 L. ed. 673, 5 Sup. Ct. Rep. 35);” Twining v. State of N.J., 211 U.S. 78 (1908)

THE 14TH AMENDMENT

"The right to travel interstate by auto vehicle upon the public highways may be a privilege or immunity of citizens of the United States. Compare Crandall v. Nevada, 6 Wall. 35, 18 L. Ed. 745. A citizen may have, under the Fourteenth Amendment, the right to travel and transport his property upon them by auto vehicle. But he has no right to make the highways his place of business by using them as a common carrier for hire. Such use is a privilege which may be granted or withheld by the state in its discretion, without violating either the due process clause or the equal protection clause." Buck v. Kuykendall, 267 U.S. 307 (1925)

“Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any state is a right secured by the 14th Amendment and by other provisions of the Constitution.” Williams v. Fears, 179 U.S. 270, 274, 21 S.Ct. 128, 45 L.Ed. 186 (1900) Found page 3 in Westlaw pdf 

THE FIFTH AMENDMENT

“We recently held that the undefined ‘liberty’ in the Due Process Clause of the Fifth Amendment includes freedom to travel. Kent v. Dulles, 357 U.S. 116, 125-127, 78 S.Ct. 1113, 1118—1119, 2 L.Ed.2d 1204. Cf. *517 Edwards v. People of State of California, 314 U.S. 160, 177, 178, 62 S.Ct. 164, 169, 86 L.Ed. 119 (concurring opinion).” Poe v. Ullman, 367 U.S. 497 (1961)

"Although there have been recurring differences in emphasis within the Court as to the source of the constitutional right of interstate travel, there is no need here to canvass those differences further. All have agreed that the right exists. Its explicit recognition as one of the federal rights protected by what is now U.S.C. s 241 goes back at least as far as 1904." United States v. Moore, C.C., 129 F. 630, 633. We reaffirm it now." U.S. v. Guest, 383 U.S. 745 (1966)

The Commerce Clause: See Federal Commerce Power Page

CASE CITATIONS:

Griffin v. Breckenridge, 403 U.S. 88 (1971)

Twining v. State of N.J., 211 U.S. 78 (1908)

Buck v. Kuykendall, 267 U.S. 307 (1925)

Williams v. Fears, 179 U.S. 270, 21 S.Ct. 128, 45 L.Ed. 186 (1900)

Poe v. Ullman, 367 U.S. 497 (1961)

U.S. v. Guest, 383 U.S. 745 (1966)