Covid-19 checkpoints

[Stephen1]

What is the name of your state? "But some say that some checkpoints appear to violate constitutional protections of free travel." Took that sentence from a Washington Post article. It is talking about the police checkpoints some states and counties are using to restrict entry into certain areas (e.g. Florida Keys, N.C outer banks) during the Covid-19 pandemic. I'm considering this question from solely a Federal standpoint.
Two questions. First, is there a constitutional protection of free travel? I've not heard it expressed that way. Second, what other constitutional violation might such a checkpoint be?
Being on the other coast these specific actions don't impact me, but who knows what might be coming if we don't get control of this disease.

 

[quincy]

Stephen1, FreeAdvice is really not designed to be a discussion forum.

Here is a link to Cornell and “the right to travel” that you might be interested in reading, however:
https://www.law.cornell.edu/constitution-conan/amendment-14/section-1/the-right-to-travel

And here are relevant quotes, published by the ABA, on the right to travel:
https://www.americanbar.org/content/dam/aba/publications/insights_law_society/LG_RighttoTravel_quoteshandout.authcheckdam.pdf

Justice Robert Jackson (1941): “The right of the citizen to migrate from state to state ... is not, however, an unlimited one.”

 

[adjusterjack]

First, is there a constitutional protection of free travel?

Of course there is. Unfortunately, the lunatic fringe has taken the concept to an unbelievable extreme by insisting that a citizen has a "right to travel" unfettered by any government limitation or control, to the extent that you don't need a driver license to drive your car anywhere you want to.

Do you believe that, Stephen1, that you don't need a driver license to drive your car anywhere you want to?

Second, what other constitutional violation might such a checkpoint be?

No more a violation that DUI/DWI checkpoints, which have been ruled constitutional all over the US.

 

[CdwJava]

The difference being that at a DUI checkpoint, you are not barred from continuing on unless you are committing a crime. Whether you can be lawfully barred from entry to a particular state because you don't live there is another question entirely, and would depend upon the orders and any legal justification behind them. Personally, I don't know that there is any legal justification to bar passage, but it is not an issue I have looked into nor does it seem to be a big issue so far. At least nowhere near as big as forcing people to stay in their homes.

 

[quincy]

Here is a link to the Washington Post article to which (I assume) Stephen1 was referring:
https://www.washingtonpost.com/local/trafficandcommuting/covid-19-checkpoints-targeting-out-of-state-residents-draw-complaints-and-legal-scrutiny/2020/04/14/3fc0ed42-774e-11ea-b6ff-597f170df8f8_story.html

 

[CdwJava]

Thanks.

Okay, I had seen that article. I tend to agree that such an action to detain solely upon the state of vehicle registration and then ban entry or order quarantine are unlawful acts. Fortunately, we haven't taken those steps here.

 

[quincy]

Here is one more link ... just because I seem to have accumulated an awful lot of them. This is to the CDC, “Legal Authorities for Public Health Orders:”

https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html

 

[CdwJava]

I have read those. But, isolation and quarantine regulations generally involve either restrictions at ports of entry, businesses, gatherings in public places, the enforced quarantine of those who are infected or carriers, but not the enforced home imprisonment that too many locales are dabbling with. I suspect there will be a great number of legal tests in the months and years to come trying to test the boundaries of what constitutes and emergency and the extent to which the government can impose restrictions on movements and actions that would otherwise be Constitutionally protected.

 

[NeilTheCop]

Driving between Las Cruces and White Sands all vehicles have to stop at an ICE checkpoint.
I'm sure it's been challenged in the courts citing the Constitution, and as they are still in operation I'm assuming those challenges failed.

 

[Stephen1]

Since I am staying at home as part of the attempt to control the Covid-19 (I haven't decided on the appropriated capitalization of that term) I have plenty of time to think about questions such as this.

 

[quincy]

Since I am staying at home as part of the attempt to control the Covid-19 (I haven't decided on the appropriated capitalization of that term) I have plenty of time to think about questions such as this.

You are not the only one thinking about questions like this, Stephen1.

There already have been several federal and state lawsuits filed over the various and assorted restrictions being placed on citizens. Many see the restrictions as an assault on Constitutional rights.

Eventually we might learn what exactly states and the federal government can and cannot do during a pandemic to prevent the spread of a deadly virus.

 

[CdwJava]

Driving between Las Cruces and White Sands all vehicles have to stop at an ICE checkpoint.
I'm sure it's been challenged in the courts citing the Constitution, and as they are still in operation I'm assuming those challenges failed.

Not quite the same thing. I used to live in San Diego County, and the entire region had immigration checkpoints. They were of limited status and not intended to prohibit travel or otherwise infringe on one's rights.

 

[CdwJava]

You are not the only one thinking about questions like this, Stephen1.

There already have been several federal and state lawsuits filed over the various and assorted restrictions being placed on citizens. Many see the restrictions as an assault on Constitutional rights.

Eventually we might learn what exactly states and the federal government can and cannot do during a pandemic to prevent the spread of a deadly virus.

I think you are right. There will be much discussion going forward, and hopefully some clarification.

However, what I am afraid of is that there will be many who will advocate to place greater power into the hands of state and local authorities - perhaps not even elected authorities - to abrogate parts of the Constitution in times of "emergency." The key being the definition of what such an emergency might be and the limits to which our rights might be infringed. My fear is that once we let ourselves accept that government is doing the right thing by restricting our movements and actions during certain crises, is it that far off that we might accept such intrusion on a regular basis? I hope we never get used to these restrictions and do not walk quietly down that dark path ... but, I am afraid there are many who will be willing to do so when we are told it is for our own good. Scary.

 

[quincy]

... I hope we never get used to these restrictions and do not walk quietly down that dark path ... but, I am afraid there are many who will be willing to do so when we are told it is for our own good. Scary.

I wouldn’t worry too much about that. One thing Americans are NOT is quiet. Haha.