Document Fragment View

Matching Fragments

There is, besides, the significant provision in the 9th Amendment to the American Constitution, which states:

"the enumeration in the Constitution of certain rights is not to he construed to deny, or disparage others retained by the people."

In (1958) 357 US 116: 2 Law Ed 2d. 1204, Douglas J. speaking for the majority of the Court observed:

"The right to travel is a part of the "liberty" of which the citizen cannot be deprived without due process of law under the Fifth Amendment. So much is conceded by the Solicitor General. In Anglo-Saxon law that right was emerging at least as early as the Magna Carta. ( (1968) 357 US 126). Ghafee, Three Human Rights in the Constitution of 1737 (1956), 171-181, 187 at seq., shows how deeply engrained in our history this freedom of movement is. Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, may be necessary for a livelihood. It may be its close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values."