The Right to Travel
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Restrictions
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As with any fundamental right, if the government can show that a restriction on the right is necessary to protect a compelling government interest, and that the restriction or regulation is narrowly-tailored, the restriction will likely be constitutional. For example, a valid and constitutional restriction would be a requirement that you live within a state for 30 days before you are permitted to exercise your right to vote in that state. (See also Fundamental Rights: The Right to Vote.)

Some restrictions have been held to be unconstitutional. For example, it is an unconstitutional deprivation of your fundamental right to travel when a state imposes a one-year residency requirement on a citizen in order to receive government assistance, such as welfare benefits or medical care. These restrictions are burdensome on the everyday citizen, and could impede a person’s desire or need to relocate to another state. Over time, many and most of these restrictions have been deemed invalid by the United States Supreme Court.

Next, let’s look at whether or not you have a fundamental right to travel internationally.



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