Residency Restrictions

This Essay addresses how such subnational efforts at social control undermine American constitutional collectivism. Part II provides an overview of the current wave of residence exclusion laws, examining the broad range of constraints the laws impose on individuals. The discussion then situates the laws in the context of other governmental strategies to use geographic limits to achieve social control goals. Part III examines the state and federal judicial decisions that have thus far addressed residence exclusion laws. Part IV discusses how residence exclusion laws defy the collectivist traditions on which the nation was founded and threaten the destructive interstate discord the federal union was designed to avoid.