This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
The constitutional right to interstate travel is considered a fundamental right. But it is also an unenumerated right, meaning it is not explicitly stated in the Constitution. Instead, the Supreme Court established the right to travel based on its interpretation of several constitutional provisions.
If you are driving, then you always need to carry a driver's license while operating a vehicle. Therefore, if you are moving between states by driving, you will need to have your license. However, the driver's license is not necessary to the right to travel.
It's a little more complex than that. The Supreme Court has ruled that there is a fundamental right to travel between the states, and you do not need a drivers license to do so.
However, traveling does not equate to driving. In the Constitution's view, travel refers to moving freely between states, not the unlicensed operation of a vehicle. This point was strongly reinforced in Saenz v. Roe (1999), rejecting the belief in an absolute, unrestricted freedom.
357 U. S. 117-130. (a) The right to travel is a part of the "liberty" of which a citizen cannot be deprived without due process of law under the Fifth Amendment. Pp. 357 U. S. 125-127.
Is it constitutional for the government to require a license to drive? There's nothing in the US Constitution giving the Federal government any right to license drivers.
In 2023, Minnesota passed an important bill – the Driver's License for All. This new legislation allows Minnesotans to get a standard state ID card, permit, or driver's license without needing to provide proof of legal presence. This is a huge step towards making roads and the community safer.
160-174A) § 171.24. Violations; driving without valid license. (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver's license, while the person's license or privilege is suspended.
The constitutional right to interstate travel is considered a fundamental right. But it is also an unenumerated right, meaning it is not explicitly stated in the Constitution. Instead, the Supreme Court established the right to travel based on its interpretation of several constitutional provisions.