William O. Douglas

“ It would prevent a citizen because he was poor from seeking new horizons in other States. It might thus withhold from large segments of our people that mobility which is basic to any guarantee of freedom of opportunity. The result would be a substantial dilution of the rights of national citizenship, a serious impairment of the principles of equality. Since the state statute here challenged involves such consequences, it runs afoul of the privileges and immunities clause of the Fourteenth Amendment. ”

“ The conclusion that the right of free movement is a right of national citizenship stands on firm historical ground. If a state tax on that movement, as in the Crandall case, is invalid, a fortiori a state statute which obstructs or in substance prevents that movement must fall. That result necessarily follows unless perchance a State can curtail the right of free movement of those who are poor or destitute. ”

“ Wheeler, supra, 254 U.S. page 299, 41 S.Ct. page 136, 65 L.Ed. 270, which attempts to limit the Crandall case to a holding that the statute in question directly burdened 'the performance by the United States of its governmental functions' and limited the 'rights of the citizens growing out of such functions,' does not bear analysis. ”