Legal regulation of population movement to, from, and within the United States : a survey of current law and constitutional limitations

Abstract

A wide variety of federal and state laws affect population movement both directly and indirectly. However the powers of both the federal and state governments to regulate population movement have been severely restricted by a series of Supreme Court decisions interpreting the Constitution.The federal government has and exercises extensive powers for the regulation of international immigration. State governments, however, may only regulate immigration to the extent powers are delegated by the federal government.An increasingly strong constitutional doctrine of a right to travel is emerging. This doctrine greatly limits both federal and state power to directly limit population movement. Existing state legislation penalizing population movement by discriminating against new residents cannot stand constitutional scrutiny.Considerable scope does exist within constitutional limits for both federal and state regulation movement. However such regulation must avoid both direct restriction upon the right to travel and discrimination in favor of long-term state residents.