Loading ...
Sorry, an error occurred while loading the content.

19089On Sovereignty not Being Subject to Law

Expand Messages
  • Legalbear
    Dec 31, 2012
    • 0 Attachment

      Mr. Justice says, “This is the obvious problem "He owes no such duty to the State, since he receives nothing therefrom"

       

      In Shapiro v. Thompson, 394 US 618, 629-31 - Supreme Court 1969, at issue were whether welfare recipients, aka receivers of benefits, had lost their right to travel.

      The court held that even receivers of benefits could not have their federal right infringed by a state law.

       

      This Court long ago recognized that the nature of our Federal Union and our constitutional concepts of personal liberty unite to require that all citizens be free to travel throughout the length and breadth of our land uninhibited by statutes, rules, or regulations which unreasonably burden or restrict this movement. That 630*630 proposition was early stated by Chief Justice Taney in the Passenger Cases, 7 How. 283, 492 (1849):

      "For all the great purposes for which the Federal government was formed, we are one people, with one common country. We are all citizens of the United States; and, as members of the same community, must have the right to pass and repass through every part of it without interruption, as freely as in our own States."

      We have no occasion to ascribe the source of this right to travel interstate to a particular constitutional provision.[8] It suffices that, as MR. JUSTICE STEWART said for the Court in United States v. Guest, 383 U. S. 745, 757-758 (1966):

      "The constitutional right to travel from one State to another . . . occupies a position fundamental to the concept of our Federal Union. It is a right that has been firmly established and repeatedly recognized.

      ". . . [T]he right finds no explicit mention in the Constitution. The reason, it has been suggested, is 631*631 that a right so elementary was conceived from the beginning to be a necessary concomitant of the stronger Union the Constitution created. In any event, freedom to travel throughout the United States has long been recognized as a basic right under the Constitution."

      Thus, the purpose of deterring the in-migration of indigents cannot serve as justification for the classification created by the one-year waiting period, since that purpose is constitutionally impermissible. If a law has "no other purpose . . . than to chill the assertion of constitutional rights by penalizing those who choose to exercise them, then it [is] patently unconstitutional." United States v. Jackson, 390 U. S. 570, 581 (1968).

      Alternatively, appellants argue that even if it is impermissible for a State to attempt to deter the entry of all indigents, the challenged classification may be justified as a permissible state attempt to discourage those indigents who would enter the State solely to obtain larger benefits. We observe first that none of the statutes before us is tailored to serve that objective. Rather, the class of barred newcomers is all-inclusive, lumping the great majority who come to the State for other purposes with those who come for the sole purpose of collecting higher benefits. In actual operation, therefore, the three statutes enact what in effect are nonrebuttable presumptions that every applicant for assistance in his first year of residence came to the jurisdiction solely to obtain higher benefits. Nothing whatever in any of these records supplies any basis in fact for such a presumption.

      More fundamentally, a State may no more try to fence out those indigents who seek higher welfare benefits than it may try to fence out indigents generally.

       

       

       

      Call me at: 720-675-7230

      On Skype: legalbear

      Best times to call: 8:30 am to 9:00 pm MST

      Join my Yahoo Group Tips & Tricks for Court by sending an email to:

      tips_and_tricks-subscribe@yahoogroups.com

      My blog: legalbearsblog.com

      Tax sites: IRSTerminator.com IRSLienThumper.com IRSLevyThumper.com

      (formatted like this so this email doesn't end up in your spam folder)

    • Show all 5 messages in this topic