Freedom of movement under United States law in the context of "U.S. states"

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⭐ Core Definition: 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." 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).

In its 2024 Freedom of the World report Freedom House gave the United States a 4 out of 4 rating on the right of freedom of movement noting that there are "no significant undue restrictions on freedom of movement within the United States, and residents are generally free to travel abroad without improper obstacles."

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Freedom of movement under United States law in the context of U.S. state

In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders, such as paroled convicts and children of divorced spouses who share child custody.

State governments in the U.S. are allocated power by the people of each respective state through their individual state constitutions. All are grounded in republican principles (this being required by the federal constitution), and each provides for a government, consisting of three branches, each with separate and independent powers: executive, legislative, and judicial. States are divided into counties or county-equivalents, which may be assigned some local governmental authority but are not sovereign. County or county-equivalent structure varies widely by state, and states also create other local governments.

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Freedom of movement under United States law in the context of Privileges and Immunities Clause

The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state of the United States from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel is associated with the clause.

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