I Have the Inalienable Right to Travel: Understanding the Difference Between Driving and Traveling

As an American, you have the inalienable right to travel freely throughout the country. This right is protected by the U.S. Constitution and has been upheld by numerous court cases. However, many people believe that in order to exercise this right, they must have a driver's license. In this article, we will explore the difference between driving and traveling and why you may not need a driver's license to exercise your right to travel.

Driving vs. Traveling

Driving is the act of operating a motor vehicle on public roads. It is a privilege that is granted by the state and requires a license. Driving is subject to regulation by the state, including traffic laws, vehicle registration, and insurance requirements.

Traveling, on the other hand, is the act of moving from one place to another. It is a fundamental right that is protected by the U.S. Constitution. Traveling can be done by any means, including walking, biking, or using public transportation. Unlike driving, traveling cannot be regulated by the state.

Case Law Supporting the Right to Travel

Numerous court cases have upheld the right to travel as a fundamental right protected by the U.S. Constitution. In Shapiro v. Thompson (1969), the Supreme Court held that the right to travel is a basic human right and is protected by the Constitution. In Saenz v. Roe (1999), the Court held that the right to travel includes the right to move freely between states and that states cannot impose unreasonable restrictions on this right.

In addition to these cases, the Supreme Court has also held that the right to travel includes the right to travel by automobile. In Kent v. Dulles (1958), the Court held that the right to travel is a part of the "liberty" protected by the Due Process Clause of the Fifth Amendment, and that this liberty includes the right to travel by automobile.

Do You Need a Driver's License to Travel?

While driving requires a license, traveling does not. This means that you do not need a driver's license to exercise your right to travel. However, if you choose to drive a motor vehicle on public roads, you will need a license.

It is important to note that if you are stopped by law enforcement while traveling without a license, you may be asked to provide identification. In this case, you can provide other forms of identification, such as a passport or a state ID card.

Conclusion

The right to travel is a fundamental right protected by the U.S. Constitution. While driving is a privilege that requires a license, traveling does not. If you choose to drive a motor vehicle on public roads, you will need a license. However, you do not need a license to exercise your right to travel by other means. It is important to be aware of your rights and to understand the difference between driving and traveling.