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Instead, the Supreme Court established the right to travel based on its interpretation of several constitutional provisions. For example, Article IV of the U.S. Constitution states, in part: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States...”
The three states that rejected the Amendment before later ratifying it were Georgia, North Carolina, and South Carolina. The two states that ratified the Amendment and later sought to rescind their ratifications were New Jersey and Ohio.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
The Tenth Amendment declares, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." In other words, states have all powers not granted to the federal government by the Constitution.
Fourteenth Amendment, Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. 82 Stat.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.
The amendment was limited by the fact that the Supreme Court largely ignored the Black Codes and did not rule on them until the 1950s and 1960s, almost a century after they were passed.
The most common defensive use of constitutional rights is by criminal defendants. Persons may also assert constitutional rights offensively, bringing a civil suit against the government or government officials for a variety of relief: declarative, injunctive and monetary.