Constitutional Law: Protection of Individual Rights: Substantive Due Process: Fundamental Rights: Right to Travel

  • Right to Travel – apply strict scrutiny.
    • Durational Residency Requirements:
      • Unconstitutional for receiving
        • (1) medical services;
        • (2) library services.
      • Constitutional for
        • (1) reduced tuition at state universities
        • (2) obtaining divorce proceedings
        • (3) 50 days is valid requirement for voting in state elections.
          • Foreign travel – governed by rational basis review. Reasonable restrictions on passport use OK for national security reasons.