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Real0ne -> RE: Ok Law Dawgs! Who wants to take a shot at this? (1/7/2012 3:02:49 PM)
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and I am sure you think the court is talking about a train LOL
Later cases also defined this right to travel quite conservatively. For example, in Williams v. Fears, 179 U. S. 270 (1900), the Court upheld a Georgia statute taxing "emigrant agents"—persons hiring labor for work outside the State—although agents hiring for local work went untaxed. The Court recognized that a right to travel existed, stating: "Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the Fourteenth Amendment and by other provisions of the Constitution." Id., at 274.
The Court has suggested on occasion that some more generalized right to movement may exist. See, e.g., Kent v. Dulles, 357 U.S. 116, 126, 78 S.Ct. 1113, 2 L.Ed.2d 1204 (1958) ("Freedom of movement is basic in our scheme of values."); Guest, 383 U.S. at 758, 86 S.Ct. 1170 (proclaiming that citizens of the United States "must have the right to pass and repass through every part of [the country] without interruption, as freely as in [their] own states" (quoting Crandall v. Nevada, 73 U.S. (6 Wall.) 35, 49, 18 L.Ed. 745 (1867) (quoting The Passenger Cases, 48 U.S. (7 How.) 283, 492, 12 L.Ed. 702 (1849) (Taney, C.J., dissenting)))); Williams v. Fears, 179 U.S. 270, 273, 21 S.Ct. 128, 45 L.Ed. 186 (1900) (indicating that the "right of locomotion," like the "right to contract," is protected by substantive due process). But those comments are only dicta—the cases involved travel across borders, not mere "locomotion."[2] Indeed, the Supreme Court in Memorial Hospital v. Maricopa County, 415 U.S. 250, 255, 94 S.Ct. 1076, 39 L.Ed.2d 306 (1974), cast strong doubt on the idea that there was a fundamental right to free movement, noting that "[e]ven a bona fide residence requirement would burden the right to travel if travel meant merely movement." In any event, the Court subsequently made clear that any right to travel involved in Kent and Aptheker was distinct from the recognized right to interstate travel, explaining that international travel is no more than an aspect of liberty that is subject to reasonable government regulation within the bounds of due process, whereas interstate travel is a fundamental right subject to a more exacting standard. See Haig v. Agee, 453 U.S. 280, 306-07, 101 S.Ct. 2766, 69 L.Ed.2d 640 (1981) (upholding constitutionality of regulation authorizing the revocation of passport on the ground that the regulation authorized revocation only where the holder's activities in foreign countries are causing or are likely to cause serious damage to national security). Since the right to free movement would cover both interstate and international travel, Agee at least implies that the right recognized by the Court is decidedly more narrow.
Locomotion and locomotive are not always train engines. Anything supplying the ability to move can be considered locomotive (force).
first day reading law for you I see.
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