Freedom of movement under United States law

Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." Since the circuit court ruling in Corfield v. Coryell, 6 Fed. Cas. 546 (1823), freedom of movement has been judicially recognized as a fundamental Constitutional right. In Paul v. Virginia, 75 U.S. 168 (1869), the court defined freedom of movement as "right of free ingress into other States, and egress from them."[1] However, the Supreme Court did not invest the federal government with the authority to protect freedom of movement. Under the "privileges and immunities" clause, this authority was given to the states, a position the court held consistently through the years in cases such as Ward v. Maryland, 79 U.S. 418 (1871), the Slaughter-House Cases, 83 U.S. 36 (1873) and United States v. Harris, 106 U.S. 629 (1883).[2][3]

  1. ^ "FindLaw's United States Supreme Court case and opinions". Findlaw. Retrieved July 2, 2019.
  2. ^ Duster, Michael J. "Criminal Justice System Reform Symposium: Note: Out of Sight, Out of Mind: State Attempts to Banish Sex Offenders". Drake Law Review. 53:711 (Spring 2005).
  3. ^ "Note: Membership Has Its Privileges and Immunities: Congressional Power to Define and Enforce the Rights of National Citizenship". Harvard Law Review. 102:1925 (June 1989).