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80 J. Transp. L. Logistics & Pol'y 13 (2013)
The Right to Travel: A Fundamental Right of Citizenship

handle is hein.journals/jnltllap80 and id is 13 raw text is: JOURNAL OF TRANSPORTATION LAW, LOGISTICS & POLICY THE RIGHT TO TRAVEL: A FUNDAMENTAL RIGHT OF CITIZENSHIP' Richard Sobel2 and Ramon L. Torres' ABSTRACT The right to travel within the United States of America is a fundamental right inherent in citizenship and the nature of the federal union. It existed before the creation of the United States and appears in the Articles of Confederation. The United States Constitution and Supreme Court recognize and protect the right to interstate travel in the U.S. jurisdiction. The travel right entails privacy, leaving citizens free to travel intcrstate without government interference and intrusion. In the post-hijacking surveillance society, the imposition of official photo identification for travel, watch-list prescreening programs, and intrusive airport screening and search methods unreasonably burden the right to travel. They undermine citizens' rights to travel and privacy. These regulations impermissibly require citizens to relinquish one fundamental right of privacy in order to exercise another fundamental right of travel. The original conception of the travel right embodies the right as a broadly-based one that encompasses all modes of transportation. Its explicit articulation in the Articles of Confederation remains implicit in the Privileges and Immunities Clause of the U.S. Constitution. Contrary to arguments in the appellate single mode doctrine, if any mode of travel is abridged, then citizens' constitutionally enshrined right to travel is violated. The Supreme Court needs to articulate an originally consistent and politically robust doctrine of the multi-modal right to travel. ' An earlier version of this paper, The Right to Travel: Intersection with the Right to Privacy and a Personal Liberty, was presented at the Northwestern University Transportation Center Seminar Series on January 6, 2011. We would like to thank Kathleen Bennett, Dawid Danek, Kevin Doran, Brian Kebbekus, Tim Lamoureux, Catherine Nanec, Allison Trzop and Michael Zhang, for research assistance and comments on the paper. We appreciate the assistance of Barry Horwitz, Gerald Jenkins, the Buffett Center, Transportation Center, NICO, Du Bois Institute, Houston Institute, anil the editors and staffof the Journal ofTransportation Law. Logistics & Policy. ' Buffett Center for International and Comparative Studies and Transportation Center Northwestern University, at richard- sobel@nofhwestem.edu As a political scientist and policy analyst, Dr. Sobel explores issues at the intersection of national security and civil liberties. These include constitutional issues around privacy and identification policies as they apply to the right to travel and transportation policy as well as to vote and work. He is currently a Visiting Scholar at the Buffett Center for International and Comparative Studies, a faculty affiliate of the Transportation Center at Northwestern University, and an associate ofthe Du Bois Institute at Harvard. Bachelors, Princeton University; doctorate, University of Massachusetts, Amherst. ' Doctoral candidate in Civil Engineering at the McCormick School of Engineerng and Applied Sciences, Northwestern University, at ramon@u.northwestem.cdu He holds a Bachelor of Science in Aerospace Engineering from the Massachusetts Institute ofTechnology. His master's thesis was entitled, The Right to Travel: Intersection with the Right to Privacy and a Personal Liberty. 13 JOURNAL OF TRANSPORTATION LAW LOGISTICS & POLICY

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