Crandall v. Nevada
|Crandall v. Nevada|
|Argued February 19, 1868|
Decided March 16, 1868
|Full case name||Crandall v. State of Nevada|
|Citations||73 U.S. 35 (more)|
|A U.S. state cannot inhibit a person from leaving the state by taxing them. judgment reversed, and the case remanded to the Supreme Court of the State of Nevada, with directions to discharge the plaintiff in error from custody.|
|U.S. Const. art. I, § 8, cl. 3|
The decision was written by Justice Miller. Chief Justice Chase and Justice Clifford concurred.
- Does the tax violate Article I, section 10, which prohibits state "Imposts or Duties on Imports or Exports?"
- Is the tax allowed?
The Court reasoned that the right to travel is a fundamental right. The people of the United States constituting one nation, a State may not impose a tax on a person for the "privilege" of traveling from or for passing through it.
The Court stated that a person traveling is different from the transportation of a good, which prevents imposts or duties on a person. The tax was not a prohibited impost, and precedent from Cooley v. Board of Wardens was cited to show that a tax "does not itself institute any regulation of commerce of a national character...."
"But if the government has these rights on her own account, the citizen also has correlative rights. He has the right to come to the seat of the government... this right is in its nature independent of the will of any State over whose soil he must pass in the exercise of it."
- Brest, Paul; et al. (2006). Processes of Constitutional Decisionmaking (5th ed.). New York: Aspen Publishers. ISBN 0-7355-5062-X.
- Cresswell, Tim (2006). "The Right to Mobility: The Production of Mobility in the Courtroom". Antipode. 38 (4): 735–754. doi:10.1111/j.1467-8330.2006.00474.x.