MBE Rules · Constitutional Law
Durational Residency Requirements
Durational residency (Shapiro/Saenz)
The rule
Waiting periods for welfare and voting penalize the fundamental right to travel and fail strict scrutiny; bona fide residency requirements and reasonable durational rules for divorce or in-state tuition survive.
In plain English
Durational residency requirements are rules that require individuals to live in a state for a certain period before they can access certain benefits, like welfare or voting. These waiting periods are often seen as unconstitutional because they can unfairly penalize the fundamental right to travel, unless they are tied to legitimate state interests, such as residency for divorce or in-state tuition.
Worked example
A new resident moves to State A and applies for welfare benefits after living there for only two months. The state denies the application based on a six-month residency requirement. The court finds the requirement unconstitutional as it penalizes the right to travel, and the resident is entitled to benefits.
Memory hook
Don't let waiting periods weigh down your right to travel!
The trap
Exams may present scenarios where students confuse legitimate residency requirements with unconstitutional waiting periods, leading to incorrect conclusions about the law's application.
How examiners test it
Questions often involve fact patterns where a new resident is denied benefits due to residency requirements, prompting analysis of whether those requirements pass strict scrutiny.
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