American Memory
August 12, 2005
The Right to Travel by C.T. Rossi
There is no express right to travel found in the Constitution, unlike the Articles of Confederation which provided for "free ingress and regress to and from any other State." Taking advantage of this omission, the Supreme Court declared, in Zemel v. Rusk, that Congress has the power to enable the President to restrict travel to certain countries. At issue was whether a U.S. citizen could travel to Cuba in 1965, a country with whom we were not at war, in order "to satisfy [his] curiosity . . . and to make [him] a better informed citizen." Despite the rights granted in the Magna Carta, to which Americans are heirs via the Common Law, the Court ruled against curiosity and a well-informed citizenry.
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