Saenz v. Roe
Opinion of the Court
delivered the opinion of the Court.
In 1992, California enacted a statute limiting the maximum welfare benefits available to newly arrived residents. The scheme limits the amount payable to a family that has resided in the State for less than 12 months to the amount payable by the State of the family’s prior residence. The questions presented by this case are whether the 1992 statute was constitutional when it was enacted and, if not, whether an amendment to the Social Security Act enacted by Congress in 1996 affects that determination.
1 — 1
California is not only one of the largest, most populated, and most beautiful States in the Nation; it is also one of the most generous. Like all other States, California has participated in several welfare programs authorized by the Social Security Act and partially funded by the Federal Government. Its programs, however, provide a higher level of benefits and serve more needy citizens than those of most other States. In one year the most expensive of those programs, Aid to Families with Dependent Children (AFDC), which was replaced in 1996 with Temporary Assistance to
a relatively modest reduction in its vast welfare budget, the California Legislature enacted § 11450.03 of the state Welfare and Institutions Code. That section sought to change the California AFDC program by limiting new residents, for the first year they live in California, to the benefits they would have received in the State of their prior residence.
On December 21, 1992, three California residents who were eligible for AFDC benefits filed an action in the Eastern District of California challenging the constitutionality
The District Court a and, after a hearing, preliminarily enjoined implementation of the statute. District Judge Levi found that the statute “produces substantial disparities in benefit levels and makes no accommodation for the different costs of living that exist in different states.”
petition for certiorari. 513 U. S. 922 (1994). We were, however, unable to reach the merits because the Secretary’s approval of § 11450.03 had been invalidated in a separate proceeding,
replaced the AFDC program with TANF. The new statute expressly authorizes any State that receives a block grant under TANF to “apply to a family the rules (including benefit amounts) of the [TANF] program ... of another State if the family has moved to the State from the other State and has resided in the State for less than 12 months.” 110 Stat. 2124, 42 U. S. C. § 604(c) (1994 ed., Supp. II). With this federal statutory provision in effect, California no longer needed specific approval from the Secretary to implement § 11450.03. The California Department of Social Services therefore issued an “All County Letter” announcing that the enforcement of § 11450.03 would commence on April 1,1997.
The All County Letter clarifies certain aspects of the statute. Even if members of an eligible family had lived in California all of their lives, but left the State “on January 29th, intending to reside in another state, and returned on April 15th,” their benefits are determined by the law of their State of residence from January 29 to April 15, assuming
II
On April 1, 1997, the two respondents filed this action in the Eastern District of California making essentially the same claims asserted by the plaintiffs in Anderson v. Green,
He did, however, make certain parties’ factual contentions. He noted that the State did not challenge plaintiffs’ evidence indicating that, although
The State relied squarely on the undisputed fact that the statute would save some $10.9 million in annual welfare costs — an amount that is surely significant even though only a relatively small part of its annual expenditures of approximately $2.9 billion for the entire program. It contended that this cost saving was an appropriate exercise of budgetary authority as long as the residency requirement did not penalize the right to travel. The State reasoned that the payment of the same benefits that would have been received in the State of prior residency eliminated any potentially punitive aspects of the measure. Judge Levi concluded, however, that the relevant comparison was not between new residents of California and the residents of their former States, but rather between the new residents and longer term residents of California. He therefore again enjoined the implementation of the statute.
deciding the merits, the Court of Appeals affirmed his issuance of a preliminary injunction. Roe v. Anderson, 134 F. 3d 1400 (CA9 1998). It agreed with the
I — ! HH
The word “travel” is not found in the text of the Constitution. Yet the “constitutional right to travel from one State to another” is firmly embedded in our jurisprudence. United States v. Guest, 383 U. S. 745, 757 (1966). Indeed, as Justice Stewart reminded us in Shapiro v. Thompson, 394 U. S. 618 (1969), the right is so important that it is “assert-able against private interference as well as governmental action ... a virtually unconditional personal right, guaranteed by the Constitution to us all.” Id., at 643 (concurring opinion).
case argues that §11450.03 was not enacted for the impermissible purpose of inhibiting migration by needy persons and that, unlike the legislation reviewed in Shapiro, it does not penalize the right to travel because new arrivals are not ineligible for benefits during their first year of residence. California submits that, in
IV
The “right to travel” discussed in our cases embraces at least three different components. It protects the right of a citizen of one State to enter and to leave another State, the right to be treated as a welcome visitor rather than an unfriendly alien when temporarily present in the second State, and, for those travelers who elect to become permanent residents, the right to be treated like other citizens of that State.
It was the right to go from one place to another, including the right to cross state borders while en route, that was vindicated in Edwards v. California, 314 U. S. 160 (1941), which invalidated a state law that impeded the free interstate passage of the indigent. We reaffirmed that right in United States v. Guest, 383 U. S. 745 (1966), which afforded protection to the “Tight to travel freely to and from the State of Georgia and to use highway facilities and other
The second component of the right to travel is, however, expressly protected by the text of the Constitution. The first sentence of Article IV, §2, provides:
“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”
Thus, by virtue of a person’s state citizenship, a citizen of one State who travels in other States, intending to return home at the end of his journey, is entitled to enjoy the “Privileges and Immunities of Citizens in the several States” that he visits.
What is at issue in this case, then, is this third aspect of the right to travel — the right of the newly arrived citizen to the same privileges and immunities enjoyed by other citizens of the same State. That right is protected not only by the new arrival’s status as a state citizen, but also by her status as a citizen of the United States.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;...16
Despite fundamentally differing views concerning the coverage of the Privileges or Immunities Clause of the Fourteenth Amendment, most notably expressed in the majority and dissenting opinions in the Slaughter-House Cases, 16 Wall. 36 (1873), it has always been common ground that this Clause protects the third component of the right to travel. Writing for the majority in the Slaughter-House Cases, Justice Miller explained that one of the privileges conferred by this Clause “is that a citizen of the United States can, of his own volition, become a citizen of any State of the Union by a bond fide residence therein, with the same rights as other citizens of that State.” Id., at 80. Justice Bradley, in dissent, used even stronger language to make the same point:
“The states have not now, if they ever had, any power to restrict their citizenship to any classes or persons. A citizen of the United States has a perfect constitutional*504 right to go to and reside in any State he chooses, and to claim citizenship therein, and an equality of rights with every other citizen; and the whole power of the nation is pledged to sustain him in that right. He is not bound to cringe to any superior, or to pray for any act of grace, as a means of enjoying all the rights and privileges enjoyed by other citizens.” Id., at 112-113.
That newly arrived citizens “have two political capacities, one state and one federal,” adds special force to their claim that they have the same rights as others who share their citizenship.
Y
Because this case involves discrimination against citizens who have completed their interstate travel, the State’s argument that its welfare scheme affects the right to travel only “incidentally” is beside the point. Were we concerned solely with actual deterrence to migration, we might be persuaded that a partial withholding of benefits constitutes a lesser incursion on the right to travel than an outright denial of all benefits. See Dunn v. Blumstein, 405 U. S. 330, 339 (1972).
that respondents and the members of the class that they represent are citizens of California and that their need for welfare benefits is unrelated to the length of time that they have resided in California. We thus have no occasion to consider what weight might be given to a citizen’s length of residence if the bona fides of her claim to state citizenship were questioned. Moreover, because whatever benefits they receive will be consumed while they remain in California, there is no danger that recognition of their claim will encourage citizens of other States to establish residency for just long enough to acquire some readily portable benefit, such as a divorce or a. college education, that will be enjoyed after they return to their original domicile. See, e. g., Sosna v. Iowa, 419 U. S. 393 (1975); Vlandis v. Kline, 412 U. S. 441 (1973).
The classifications challenged in this case — and there are many — are defined entirely by (a) the period of residency in California and (b) the location of the prior residences of the disfavored class members. The favored class of beneficiaries includes all eligible California citizens who have resided there for at least one year, plus those new arrivals who last resided in another country or in a State that provides benefits at least as generous as California’s. Thus, within the broad category of citizens who resided in California for less than a year, there are many who are treated like lifetime residents. And within the broad subeategory of new arrivals who are treated less favorably, there are many smaller classes whose benefit levels are determined by the law of the States from whence they came. To justify § 11450.03, California must therefore explain not only why it is sound fiscal policy to discriminate against those who have been citizens for less than a year, but also why it is permissible to apply such a variety of rules within that class.
Disavowing any desire to nia has instead advanced an entirely fiscal justification for its multitiered scheme. The enforcement of § 11450.03 will save the State approximately $10.9 million a year. The question is not whether such saving is a legitimate purpose but whether the State may accomplish that end by the discriminatory means it has chosen. An evenhanded, across-the-board reduction of about 72 cents per month for every beneficiary would produce the same result. But our negative answer to the question does not rest on the weakness of the State's purported fiscal justification. It rests on the fact that the Citizenship Clause of the Fourteenth Amendment expressly equates citizenship with residence: “That Clause does not provide for, and does not allow for, degrees of citizenship based on length of residence.” Zobel, 457 U. S., at 69. It is equally clear that the Clause does not tolerate a hierarchy of 45 subclasses of similarly situated
“But we need not rest on the particular facts of these cases. Appellants’ reasoning would logically permit the State to bar new residents from schools, parks, and libraries or deprive them of police and fire protection. Indeed it would permit the State to apportion all benefits and services according to the past tax contributions of its citizens.” 394 U. S., at 632-633.
See also Zobel, 457 U. S., at 64. In short, the State’s legitimate interest in saving money provides no justification for its decision to discriminate among equally eligible citizens.
<
The question that remains is whether congressional approval of durational residency requirements in the 1996 amendment to the Social Security Act somehow resuscitates the constitutionality of § 11450.03. That question is readily answered, for we have consistently held that Congress may not authorize the States to violate the Fourteenth Amendment.
Article I of the Constitution grants Congress power to legislate in certain areas. Those legislative powers are, however, limited not only by the scope of the Framers’ affirmative delegation, but also by the principle “that they may not be exercised in a way that violates other specific provisions of the Constitution. For example, Congress is granted broad power to ‘lay and collect Taxes,’ but the taxing power, broad as it is, may not be invoked in such a way as to violate the privilege against self-incrimination.” Williams v. Rhodes, 893 U. S. 23, 29 (1968) (footnote omitted). Congress has no affirmative power to authorize the States to violate the Fourteenth Amendment and is implicitly prohibited from passing legislation that purports to validate any such violation.
“Section 5 of the Fourteenth Amendment gives Congress broad power indeed to enforce the command of the amendment and ‘to secure to all persons the enjoyment of perfect equality of civil rights and the equal protection of the laws against State denial or invasion....’ Ex parte Virginia, 100 U. S. 339,346 (1880). Congress’ power under § 5, however, ‘is limited to adopting measures to enforce the guarantees of the Amendment; §5 grants Congress no power to restrict, abrogate, or dilute these guarantees.’ Katzenback v. Morgan, 384 U. S. 641, 651, n. 10 (1966). Although we give deference to congressional decisions and classifications, neither Congress nor a State can validate a law that denies the rights guaranteed by the Fourteenth Amendment. See, e. g., Califano v. Goldfarb, 430 U. S. 199, 210 (1977); Williams v. Rhodes, 393 U. S. 23, 29 (1968).” Mississippi Univ. for Women v. Hogan, 458 U. S. 718, 732-733 (1982).
He first points out that because the TANF program gives the States broader discretion than did AFDC, there will be significant differences among the States which may provide new incentives for welfare recipients to change their residences. He does not, however, persuade us that the disparities under the new program will necessarily be any greater than the differences under AFDC, which included such examples as the disparity between California’s monthly benefit of $673 for a family of four with Mississippi’s benefit of $144 for a comparable family. Moreover, we are not convinced that a policy of eliminating incentives to move to California provides a more permissible justification for classifying California citizens than a policy of imposing special burdens on new arrivals to deter them from moving into the State. Nor is the discriminatory impact of §11450.03 abated by repeatedly characterizing it as “a sort of specialized choice-of-law rule.”
The Solicitor General also suggests that we should recognize the congressional concern addressed in the legislative history of PRWORA that the “States might engage in a 'race to the bottom’ in setting the benefit levels in their TANF
Finally, the Solicitor General suggests discrimination might be acceptable if California had limited the disfavored subcategories of new citizens to those who had received aid in their prior State of residence at any time within the year before their arrival in California. The suggestion is ironic for at least three reasons: It would impose the most severe burdens on the neediest members of the disfavored classes; it would significantly reduce the savings that the State would obtain, thus making the State’s claimed justification even less tenable; and, it would confine the effect of the statute to what the Solicitor General correctly characterizes as “the invidious purpose of discouraging poor people generally from settling in the State.”
* * *
Citizens of the United States, whether rich or poor, have the right to choose to be citizens “of the State wherein they
The judgment of the Court of Appeals is affirmed.
It is so ordered.
California Welf. & Inst. Code Ann. §11450.03 (West Supp. 1999) provides:
“(a) Notwithstanding the máximum aid payments specified in paragraph (1) of subdivision (a) of Section 11450, families that have resided in this state for less than 12 months shall be paid an amount calculated in accordance with paragraph (1) of subdivision (a) of Section 11450, not to exceed the maximum aid payment that would have been received by that family from the state of prior residence.
shall not become operative until the date of approval by the United States Secretary of Health and Human Services necessary to implement the provisions of this section so as to ensure the continued compliance of the state plan for the following:
Security Act (Subchapter 4 (commencing with Section 601) of Chapter 7 of Title 42 of the United States Code).
Security Act (Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code).”
The District Court referred to an official table of fair market rents indicating that California’s housing costs are higher than any other State except Massachusetts. See Green v. Anderson, 811 F. Supp. 516, 521, n. 13 (ED Cal. 1993); see also Declaration of Robert Greenstein, App. 91-94.
Beno v. Shalala, 30 F. 3d 1057 (CA9 1994).
February 1996, the Secretary 4granted waivers for certain changes in California’s welfare program, but she declined to authorize any distinction between old and new residents. App. to Pet. for Cert. 46-52.
Record 30 (Plaintiffs’ Exh. 3, Attachment 1).
One of the respondents is a former moved to California from the District of Columbia. In both of those jurisdictions the benefit levels are substantially lower than in California.
On the stipulation of the defined as “‘all present and future AFDC and TANF applicants and recipients who have applied or will apply for AFDC or TANF on or after April 1,1997, and who will be denied full California AFDC or TANF benefits because they have not resided in California for twelve consecutive months immediately preceding their application for aid.’” App. to Pet. for Cert. 20.
Forty-four States and the District of Columbia have lower benefit levels than California. Id., at 22, n. 10.
See Maldonado v. Houston, 157 F. 3d 179 (CA3 1998) (finding two-tier durational residency requirement an unconstitutional infringement on the right to travel); Anderson v. Green, 26 F. 3d 95 (CA9 1994), vacated as unripe, 513 U. S. 557 (1995) (per curiam); Hicks v. Peters, 10 F. Supp. 2d 1003 (ND III. 1998) (granting injunction against enforcement of dura-tional residency requirement); Westenfelder v. Ferguson, 998 F. Supp. 146 (RI 1998) (holding durational residency requirement a penalty on right to travel incapable of surviving rational-basis review). Two state courts have reached the same conclusion. See Mitchell v. Steffen, 504 N. W. 2d 198 (Minn. 1993), cert. denied, 510 U. S. 1081 (1994) (striking down a similar provision in Minnesota law); Sanchez v. Department of Human Services, 314 N. J. Super. 11, 713 A. 2d 1056 (1998) (striking down two-tier welfare system); cf. Jones v. Milwaukee County, 168 Wis. 2d 892, 485 N. W. 2d 21 (1992) (holding that a 60-day waiting period for applicant for general relief is not a penalty and therefore not unconstitutional).
After this case was argued, petitioner Rita L. Saenz replaced Eloise Anderson as Director, California Department of Social Services.
“We do not doubt that the one-year waiting-period device is well suited to discourage the influx of poor families in need of assistance.... But the purpose of inhibiting migration by needy persons into the State is constitutionally impermissible.” 394 U. S., at 629.
“Thus, the purpose of deterring the in-migration of indigents cannot serve as justification for the classification created by the one-year waiting period_ 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).” Id., at 631.
Brief for United States as Amicus Curiae 8,10.
“The 4th article, respecting the [sic] extending the rights of the Gitizens of each State, throughout the United States ... is formed exactly upon the principles of the 4th article of the present Confederation.” 3 Records of the Federal Convention of 1787, p. 112 (M. Farrand ed. 1966). Article IV of the Articles of Confederation provided that “the people of each State shall have free ingress and regress to and from any other State.”
Corfield v. Coryell, 6 F. Cas. 546 (No. 3,230) (CCED Pa. 1823) (Washington, J., on circuit) (“fundamental” rights protected by the Privileges and Immunities Clause include “the right of a citizen of one state to pass through, or to reside in any other state”).
The Framers of the Fourteenth Amendment modeled this Clause upon •the “Privileges and Immunities” Clause found in Article IV. Cong. Globe, 39th Cong., 1st Sess., 1033-1034 (1866) (statement of Rep. Bingham). In
U. S. Const., Amdt. §1. The remainder of the section provides: “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
“Federalism was our Nation’s own discovery. The Framers split the atom of sovereignty. It was the genius of .their idea that our citizens would have two political capacities, one state and one federal, each protected from incursion by the other. The resulting Constitution created a legal system unprecedented in form and design, establishing two orders of government, each with its own direct relationship, its own privity, its own set of mutual rights and obligations to the people who sustain it and are governed by it.” U S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 838 (1995) (Kennedy, J., concurring).
App. 21-26.
The District Court and the Court of Appeals concluded, however, that the “apparent purpose of § 11450.03 was to deter migration of poor people to California.” Roe v. Anderson, 134 F. 3d 1400, 1404 (CA9 1998).
See Cohen, Discrimination Against New State Citizens: An Update, 11 Const. Comm. 73, 79 (1994) (“[Jjust as it would violate the Constitution to deny these new arrivals state citizenship, it would violate the Constitution to concede their citizenship in name only while treating them as if they were still citizens of other states”).
“‘Congress is without power to enlist state cooperation in a joint federal-state program by legislation which authorizes the States to violate the Equal Protection Clause.’ Shapiro v. Thompson, 394 U. S. 618, 641 (1969).” Townsend v. Swank, 404 U. S. 282, 291 (1971).
Brief for United States as Amicus Curiae 29, n. 10.
Id., at 9; see also id., at 3, 8,14,15,20, 22,23,24, 27, 28,28-29.
Id., at 8. See H. R. Rep. No. 104-651, p. 1387 (1996) (“States that want to pay higher benefits should not be deterred from doing so by the fear that they will attract large numbers of recipients from bordering States”).
Brief for United States as Amicus Curiae 16. See States’ Perspective on Welfare Reform: Hearing before the Senate Committee on Finance, ' 104th Cong., 1st Sess., 9 (1995).
Brief for United States as Amicus Curiae 30, n. 11.
As Justice Jackson observed: “[I]t is a privilege of citizenship of the United States, protected from state abridgment, to enter any State of the Union, either for temporary sojourn or for the establishment of permanent residence therein and for gaining resultant citizenship thereof If national citizenship means less than this, it means nothing.” Edwards v. California, 314 U. S. 160, 183 (1941) (concurring opinion).
Dissenting Opinion
with whom Justice Thomas joins, dissenting.
The Court today breathes new life into the previously dormant Privileges or Immunities Clause of the Fourteenth Amendment — a Clause relied upon by this Court in only one other decision, Colgate v. Harvey, 296 U. S. 404 (1935), overruled five years later by Madden v. Kentucky, 309 U. S. 83 (1940). It uses this Clause to strike down what I believe is a reasonable measure falling under the head of a “good-faith residency requirement.” Because I do not think any provision of the Constitution — and surely not a provision relied upon for only the second time since its enactment 130 years ago — requires this result, I dissent.
i — Í
Much of the Court’s opinion is unremarkable and sound. The right to travel clearly embraces the right to go from one place to another, and prohibits States from impeding the
“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. And a tax imposed by a State for entering its territories or harbours is inconsistent with the rights which belong to the citizens of other States as members of the Union, and with the objects which that Union was intended to attain. Such a power in the States could produce nothing but discord and mutual irritation, and they very clearly do not possess it.” Id., at 492.
See also Crandall v. Nevada, 6 Wall. 35, 44 (1868); Williams v. Fears, 179 U. S. 270, 274 (1900); Memorial Hospital v. Maricopa County, 415 U. S. 250, 280-288 (1974) (Rehnquist, J., dissenting) (collecting and discussing cases). The Court wisely holds that because Cal. Welf. & Inst. Code Ann. § 11450,03 (West Supp. 1999) imposes no obstacle to respondents’ entry into California, the statute does not infringe upon the right to travel. See ante, at 501: Thus, the traditional conception of the right to travel is simply not an issue in this case.
I also have no difficulty with aligning the right to travel with the protections afforded by the Privileges and Immunities Clause of Article IV, §2, to nonresidents who enter other States “intending to return home at the end of [their] journey.” See ante, at 501. Nonresident visitors of other
Finally, I agree with the proposition that a “citizen of the United States can, of his own volition, become a citizen of any State of the Union by a bona fide residence therein, with the same rights as other citizens of that State.” SlaughterHouse Cases, 16 Wall. 36, 80 (1873).
see the right to become a citizen of another State is a necessary “component” of the right to travel, or why the Court tries to marry these separate and distinct rights. A person is no longer “traveling” in any sense of the word when he finishes his journey to a State which he plans to make his home. Indeed, under the Court’s logic, the protections of the Privileges or Immunities Glause recognized in this ease come into play only when an individual stops traveling with the intent to remain and become a citizen of a new State. The right to travel and the right to become a citizen are distinct, their relationship is not reciprocal, and one is not a “component” of the other. Indeed, the same dicta from the Slaughter-House Cases quoted by the Court actually treat the right to become a citizen and the right to travel as separate and distinct rights under the Privileges or Immunities Clause of the Fourteenth Amendment. See id., at 79-80.
No doubt the Court has, in the past years, conflated the right to travel with the right to equal state citizenship in striking down durational residence requirements similar to the one challenged here. See, e. g., Shapiro v. Thompson, 394 U. S. 618 (1969) (striking down 1-year residence before receiving any welfare benefit); Dunn v. Blumstein, 405 U. S. 330 (1972) (striking down 1-year residence before receiving the right to vote in state elections); Mari-copa County, 415 U. S., at 280-283 (striking down 1-year county residence before receiving entitlement to nonemer-gency hospitalization or emergency care). These cases marked a sharp departure from the Court’s prior right-to-travel cases because in none of them was travel itself prohibited. See id., at 254-255 (“Whatever its ultimate scope ... the right to travel was involved in only a limited sense in Shapiro”); Shapiro, supra, at 671-672 (Harlan, J., dissenting).
Instead, the Court in these cases held that provision of welfare benefits, votes, or certain medical bene
today tries to clear much of the underbrush created by these prior right-to-travel eases, abandoning its effort to define what residence requirements deprive individuals of “important rights and benefits” or “penalize” the right to travel. See ante, at 504-507. Under its new analytical framework, a State, outside certain ill-defined circumstances, cannot classify its citizens by the length of their residence in the State without offending the Privileges or Immunities Clause of the Fourteenth Amendment. The Court thus departs from Shapiro and its progeny, and, while paying lipserviee to the right to travel, the Court does
II
In unearthing from its tomb the right to become a state citizen and to be treated equally in the new State of residence, however, the Court ignores a State’s need to assure that only persons who establish a bona fide residence receive the benefits provided to current residents of the State. The Slaughter-House dicta at the core, of the Court’s analysis specifically condition a United States citizen’s right to “become a citizen of any state of the Union” and to enjoy the “same rights as other citizens of that State” on the establishment of a “bond fide residence therein.” 16 Wall., at 80 (emphasis added). Even when redefining the right to travel in Shapiro and its progeny, the Court has “always carefully distinguished between bona fide residence requirements, which seek to differentiate between residents and nonresidents, and residence requirements, such as durational, fixed date, and fixed point residence requirements, which treat established residents differently based on the time they migrated into the State.” Soto-Lopez, supra, at 903, n. 3 (citing eases).
While the physical presence element of a bona fide residence is easy to police, the subjective intent element is not. It is simply unworkable and futile to require States to inquire into each new resident’s subjective intent to remain. Hence, States employ objective criteria such as durational residence requirements to test a new resident’s resolve to remain before these new citizens can enjoy certain in-state benefits. Recognizing the practical appeal of such criteria, this Court has repeatedly sanctioned the State’s use of du-rational residence requirements before new residents receive in-state tuition rates at state universities. Starns v. Malkerson, 401 U. S. 985 (1971), summarily aff’g 326 F. Supp. 234 (Minn. 1970) (upholding 1-year residence requirement for instate tuition); Sturgis v. Washington, 414 U. S. 1057, summarily aff’g 368 F. Supp. 38 (WD Wash. 1973) (same). The Court has declared: “The State can establish such reasonable criteria for in-state status as to make virtually certain that students who are not, in fact, bona fide residents of the State,
If States can require year before exercising the right to educational benefits, the right to terminate a marriage, or the right to vote in primary elections that all other state citizens enjoy, then States may surely do the same for welfare benefits. Indeed, there is no material difference between a 1-year residence requirement applied to the level of welfare benefits given out by a State, and the same requirement applied to the level of tuition subsidies at a state university. The welfare payment here and in-state tuition rates are cash subsidies provided to a limited class of people, and California’s standard of living and higher education system make both subsidies quite attractive. Durational residence requirements were upheld when used to regulate the provision of higher education subsidies, and the same deference should be given in the case of welfare payments. See Dandridge v. Williams, 397 U. S. 471, 487 (1970) (“[T]he Constitution does not empower this Court to second-guess state officials charged with the difficult responsibility of allocating limited public welfare funds among the myriad of potential recipients”).
The Court today recognizes that States to determine the bona fides of an individual’s claim to residence, see ante, at 505, but then tries to avoid the issue. It asserts that because respondents’ need for welfare benefits is unrelated to the length of time they have resided in California, it has “no occasion to consider what weight might be given to a citizen’s length of residence if the bona fides of
has a greater need to require a durational residence for welfare benefits than for college eligibility. The impact of a large number of new residents who immediately seek welfare payments will have a far greater impact on a State’s operating budget than the impact of new residents seeking to attend a state university. In the ease of the welfare recipients, a modest durational residence requirement to allow for the completion of an annual legislative budget cycle gives the State time to decide how to finance the increased obligations.
tries to distinguish education and divorce benefits by contending that the welfare payment here will be consumed in California, while a college education or a divorce produces benefits that are “portable” and can be enjoyed after individuals return to their original domicile. Ibid. But this “you can’t take it with you” distinction is more apparent than real, and offers little guidance to lower courts who must apply this rationale in the future. Welfare payments are a form of insurance, giving impoverished individuals and their families the means to meet the demands of daily life while they receive the necessary training, education, and time to look for a job. The cash itself will no doubt be spent in California, but the benefits from receiving this income and having the opportunity to become employed or employable will stick with the welfare recipients if they stay in California or go back to their true domicile. Similarly, tuition subsidies are “consumed” in-state but the recipient takes the benefits of a college education with him wherever
I therefore believe ment challenged here is a permissible exercise of the State’s power to “assur[e] that services provided for its residents are enjoyed only by residents.” Martinez, 461 U. S., at 328. The 1-year period established in § 11450.03 is the same period this Court approved in Stams and Sosa. The requirement does not deprive welfare recipients of all benefits; indeed, the limitation has no effect whatsoever on a recipient’s ability to enjoy the full 5-year period of welfare eligibility; to enjoy the full range of employment, training, and accompanying supportive services; or to take full advantage of health care benefits under Medicaid. See Brief for Petitioners 7-8,27. This waiting period does not preclude new residents from all cash payments, but merely limits them to what they received in their prior State of residence. Moreover, as the Court recognizes, see ante, at 497, any pinch resulting from this limitation during the 1-year period is mitigated by other programs such as homeless assistance and an increase in food stamp allowance. The 1-year period thus permissibly balances the new resident’s needs for subsistence with the State’s need to ensure the bona fides of their claim to residence.
The Court’s decision in the Slaughter-House Cases only confirms my view that state infringement on the right to travel is limited to the kind of barrier established in Edwards v. California, 314 U. S. 160 (1941), and its discussion is worth quoting in full:
should be said that no such privileges and immunities are to be found if those we have been considering are excluded, we venture
“One of these is well described in the case of v. Wall. 35 (1868)]. It is said to be the right of the citizen of this great-country, protected by implied guarantees of its Constitution, ‘to come to the seat of government to assert any claim he may have upon that government, to transact any business he may have with it, to seek its protection, to share its offices, to engage in administering its functions. He has the right of free access to its seaports, through which all operations of foreign commerce are conducted, to the subtreasuries, land offices, and courts of justice in the several States.’ And quoting from the language of Chief Justice Taney in another case, it is said ‘that for all the great purposes for which, the Federal government was established, we are one people, with one common country, we are all citizens of the United States;’ and it is, as such citizens, that their rights are supported in this court in Crandall v. Nevada.” 16 Wall., at 79 (footnote omitted).
As Chief Justice Burger aptly stated in Zobel: "In reality, right to travel analysis refers to little more than a particular application of equal protection analysis. Right to travel cases have examined, in equal protection terms, state distinctions between newcomers and longer term residents.” 457 U. S., at 60, n. 6.
The same analysis applies to divorce.
Dissenting Opinion
with whom The Chief Justice joins, dissenting.
I join The Chief Justice’s dissent. I write separately to address the majority’s conclusion that California has violated “the right of the newly arrived citizen to the same privileges and immunities enjoyed by other citizens of the same State.” Ante, at 502. In my view, the majority attributes a meaning to the Privileges or Immunities Clause that likely was unintended when the Fourteenth Amendment was enacted and ratified.
The Privileges or Immunities Clause of the Fourteenth Amendment provides that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” U. S. Const., Arndt. 14, § 1. Unlike the Equal Protection and Due Process Clauses, which have assumed near-talismanic status in modern constitutional law, the Court all but read the Privileges or Immunities Clause out of the Constitution in the Slaughter-House Cases, 16 Wall. 36 (1873). There, the Court held that the State of Louisiana had not abridged
Unlike the majority, I the original meaning of the Clause.
Justice Bushrod Washington’s landmark opinion in Corfield v. Coryell, 6 F. Cas. 546 (No. 3,230) (CCED Pa. 1825), refleets this historical understanding. In Coifield, a citizen of Pennsylvania challenged a New Jersey law that prohibited any person who was not an “actual inhabitant and resident” of New Jersey from harvesting oysters from New Jersey waters. Id., at 550. Justice Washington, sitting as Circuit Justice, rejected the argument that the New Jersey law violated Article IV’s Privileges and Immunities Clause. He reasoned, “we cannot accede to the proposition ... that, under this provision of the constitution, the citizens of the several states are permitted to participate in all the rights
“We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign. What these fundamental principles are, it would perhaps be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads: Protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole. The right of a citizen of one state to pass through, or to reside in any other state, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefit of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the state; . . . and an exemption from higher taxes or impositions than are paid by the other citizens of the state;... the elective franchise, as regulated and established by the laws or constitution of the state in which it is to be exercised. These, and many others which might be mentioned, are, strictly speaking, privileges and immunities.” Id., at 551-552.
Washington rejected the proposition that the Privileges and Immunities Clause guaranteed equal access to all public benefits (such as the right to harvest oysters in public waters) that a State chooses to make available. Instead, he
Justice Washington’s opinion in Corfield indisputably influenced the Members of Congress who enacted the Fourteenth Amendment. When Congress gathered to debate the Fourteenth Amendment, Members frequently, if not as a matter of course, appealed to Corfield, arguing that the Amendment was necessary to guarantee the fundamental rights that Justice Washington identified in his opinion. See Harrison, Reconstructing the Privileges or Immunities Clause, 101 Yale L. J. 1385, 1418 (1992) (referring to a Member’s “obligatory quotation from Corfield”). For just one example, in a speech introducing the Amendment to the Senate, Senator Howard explained the Privileges or Immunities Clause by quoting at length from Corfield.
As The ChieF Justice points out, ante, at 511, it comes as quite a surprise that the majority relies on the Privileges or Immunities Clause at all in this case. That is because, as I have explained supra, at 521-522, the Slaughter-House Cases sapped the Clause of any meaning. Although the majority appears to breathe new life into the Clause today, it fails to address its historical underpinnings or its place in our constitutional jurisprudence. Because I believe that the demise of the Privileges or Immunities Clause has contributed in no small part to the current disarray of our Four
I respectfully dissent.
Legal scholars agree on little beyond the conclusion that the Clause does not mean what the Court said it meant in 1873. See, e. g., Harrison, Reconstructing the Privileges or Immunities Clause, 101 Yale L. J. 1385, 1418 (1992) (Clause is an antidiscrimination provision); D. Currie, The Constitution in the Supreme Court 341-351 (1985) (same); 2 W. Crosskey, Politics and the Constitution in the History of the United States 1089-1095 (1958) (Clause incorporates first eight Amendments of the Bill of Rights); M. Curtis, No State Shall Abridge 100 (1986) (Clause protects the rights included in the Bill of Rights as well as other fundamental rights); B. Siegan, Supreme Court’s Constitution 46-71 (1987) (Clause guarantees Lockean conception of natural rights); Ackerman, Constitutional Politics/Constitutional Law, 99 Yale L. J. 453, 521-536 (1989) (same); J. Ely, Democracy and Distrust 28 (1980) (Clause “was a delegation to future constitutional decision-makers to protect certain rights that the document neither lists ... or in any specific way gives directions for finding”); R. Berger, Government by Judiciary 30 (2d ed. 1997) (Clause forbids race discrimination with respect to rights listed in the Civil Rights Act of 1866); R. Bork, The Tempting of America 166 (1990) (Clause is inscrutable and should be treated as if it had been obliterated by an ink blot).
See 1620 Charter of New England, in 3 Thorpe, at 1839 (guaranteeing “[liberties, and ffranchizes, and Immunities of free Denizens and naturall Subjects”); 1622 Charter of Connecticut, reprinted in 1 id, at 553 (guaranteeing "[liberties and Immunities of free and natural Subjects”); 1629 Charter of the Massachusetts Bay Colony, in 3 id, at 1857 (guaranteeing the “liberties and Immunities of free and naturall subjects”); 1632 Charter of Maine, in 3 id, at 1635 (guaranteeing “[l]iberties[,] Francheses and Immunityes of or belonging to any of the naturall borne subjects”); 1632 Charter of Maryland, in 3 id, at 1682 (guaranteeing “Privileges, Franchises and Liberties”); 1663 Charter of Carolina, in 5 id., at 2747 (holding “liberties, franchises, and privileges” inviolate); 1663 Charter of the Rhode Island and Providence Plantations, in 6 id, at 3220 (guaranteeing “lib-ertyes and immunityes of ffree and naturall subjects”); 1732 Charter of Georgia, in 2 id, at 773 (guaranteeing “liberties, franchises and immunities of free denizens and natural bom subjects”).
Seee.g., Massachusetts Resolves, in Prologue to Revolution: Sources and Documents on the Stamp Act Crisis 56 (E. Morgan ed. 1959) (“Resolved, That there are certain essential Rights of the British Constitution of Government, which are founded in the Law of God and Nature, and are the common Rights of Mankind — Therefore, . . . Resolved that no Man can justly take the Properly of another without his Consent... this inherent Right, together with all other essential Rights, Liberties, Privileges and Immunities of the People of Great Britain have been fully confirmed to them by Magna Charla”); The Virginia Resolves, id., at 47-48 (“[Tjhe Colonists aforesaid are declared entitled to all Liberties, Privileges, and Immunities of Denizens and natural Subjects, to all Intents and Purposes, as if they had been abiding and bom within the Realm of England”)’, 1774 Statement of Violation of Rights, 1 Journals of the
During the first half of the 19th century, a number of legal scholars and state courts endorsed Washington's conclusion that the Clause protected only fundamental rights. See, e. g., Campbell v. Morris, 3 H. & McH. 535, 554 (Md. 1797) (Chase, J.) (Clause protects property and personal rights); Douglass v. Stephens, 1 Del. Ch. 465, 470 (1821) (Clause protects the “absolute rights” that “all men by nature have”); 2 J. Kent, Commentaries on American Law 71-72 (1836) (Clause “confined to those [rights] which were, in their nature, fundamental”). See generally Antieau, Paul’s Perverted Privileges or the True Meaning of the Privileges and Immunities Clause of Article Four, 9 Wm. & Mary L. Rev. 1,18-21 (1967) (collecting sources).
He also observed that, while the Supreme Court had not “undertaken to define either the nature or extent of the privileges and immunities,” Washington’s opinion gave “some intimation of what probably will be the opinion of the judiciary.” Cong. Globe, 39th Cong., 1st Sess., 2765 (1866).
During debates on the Civil Rights Act of 1866, Members Congress also repeatedly invoked Corfield to support the legislation. See generally Siegan, Supreme Court’s Constitution, at 46-56. The Act’s sponsor,
Reference
- Full Case Name
- SAENZ, DIRECTOR, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Et Al. v. ROE Et Al., on Behalf of Themselves and All Others Similarly Situated
- Cited By
- 518 cases
- Status
- Published