Obviously. durational residence laws single out the class of bona fide State and county residents who have recently exercised thi constitutionally protected right. and penalize such travelers directly. We consideerd such a durational residence requirement in Shapiro v. Thompson. supra. where the pertinent statutes imposed a oneyear waiting period for interstate migrants as a condition to receiving welfare benefits. Although in Shapiro we specifically did not decide whether durational residence requirements could be used to determine voting eligibility. id.. at 638 n. 21. we concluded that since the right to travel was a constitutionally protected right. "any classification which serves to penalize the exercise of that right. unless shown to be necessary to promote a compelling state interest. is unconstitutional." Id.. at 634. This compelling state interest test was also adopted in the separate concurrence of MR.
Keywords matched
migrants