key term - Fundamental Rights

Definition

Fundamental rights are basic human rights that are recognized as essential to the freedom and dignity of individuals. These rights are often protected from government interference through various constitutional provisions, particularly the Bill of Rights and the 14th Amendment, which ensures that states cannot deny individuals these rights without due process or equal protection under the law.

5 Must Know Facts For Your Next Test

1. The concept of fundamental rights originates from the idea of natural rights, which are inherent to all individuals regardless of government recognition.
2. The 14th Amendment plays a critical role in selective incorporation, allowing certain fundamental rights from the Bill of Rights to be applied to state governments.
3. Landmark Supreme Court cases, such as *Gitlow v. New York* and *Loving v. Virginia*, have helped define and expand fundamental rights by incorporating them against state action.
4. Fundamental rights include but are not limited to freedom of speech, religion, assembly, and the right to privacy.
5. The Supreme Court uses a strict scrutiny standard when evaluating laws that infringe on fundamental rights, requiring a compelling state interest and that the law is narrowly tailored.

Review Questions

• How does the 14th Amendment contribute to the protection of fundamental rights in the United States?
  • The 14th Amendment plays a crucial role in protecting fundamental rights by providing for due process and equal protection under the law. It ensures that no state can deny individuals their fundamental rights without following fair legal procedures. This amendment serves as a bridge for selective incorporation, applying essential rights from the Bill of Rights to state laws and preventing states from enacting laws that infringe upon these basic liberties.
• Evaluate the impact of landmark Supreme Court cases on the understanding of fundamental rights over time.
  • Landmark Supreme Court cases have significantly shaped the interpretation and expansion of fundamental rights throughout U.S. history. For example, *Gitlow v. New York* established that free speech protections apply at both federal and state levels, while *Loving v. Virginia* reinforced the idea that marriage is a fundamental right. These cases illustrate how judicial decisions can evolve the understanding of what constitutes fundamental rights and ensure their protection against government actions.
• Assess the role of selective incorporation in defining which rights are considered fundamental in American jurisprudence.
  • Selective incorporation is vital in determining which rights from the Bill of Rights are recognized as fundamental and applicable to state governments through the 14th Amendment. This process has led to an evolving landscape where various rights have been incorporated over time based on their importance to individual liberty and justice. By evaluating cases individually, courts have established a more comprehensive understanding of fundamental rights, ensuring that essential freedoms are safeguarded against infringement at both federal and state levels.

Related terms

Civil Liberties:

Civil liberties are individual rights protected by law from governmental interference, often ensuring freedoms such as speech, assembly, and religion.

Due Process Clause:

A clause in the 14th Amendment that prohibits states from denying any person life, liberty, or property without due process of law.

Equal Protection Clause:

A provision in the 14th Amendment that requires states to treat all individuals equally under the law and prohibits discrimination.