5 Questions
Which rights are specifically identified in the Constitution?
Rights mentioned directly in the Constitution
What standard must laws encroaching on fundamental rights pass to be upheld as constitutional?
Strict scrutiny
What is the reason fundamental rights are considered 'fundamental'?
They require a high degree of protection
Which rights have been implied through interpretation of clauses?
Rights not specifically listed in the Constitution
What is the significance of fundamental rights being enshrined in the Constitution?
They are beyond the reach of the political process
Study Notes
Fundamental Rights in the Constitution
- The Constitution specifically identifies certain rights, including freedom of speech, freedom of religion, and due process of law, among others.
Standard for Laws Encroaching on Fundamental Rights
- Laws that encroach on fundamental rights must pass the "compelling interest" test to be upheld as constitutional, meaning they must serve a compelling government interest and be narrowly tailored to achieve that interest.
Reason for Fundamental Rights being 'Fundamental'
- Fundamental rights are considered 'fundamental' because they are essential to the dignity and autonomy of individuals and are necessary for a democratic society.
Implied Rights through Interpretation
- Certain rights have been implied through interpretation of clauses, such as the right to privacy and the right to freedom of association.
Significance of Fundamental Rights in the Constitution
- Fundamental rights being enshrined in the Constitution provides a higher level of protection and ensures that these rights are not subjected to the whims of the majority or the government, and cannot be easily taken away.
Test your knowledge of fundamental rights in the United States with this quiz. Explore the rights recognized by the Supreme Court and protected from government encroachment. Learn about the specific rights outlined in the Constitution and the Bill of Rights, as well as those implied through interpretation.
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