Fundamental Rights | Definition & List
Table of Contents
ShowWhat fundamental rights are outlined in the first amendment?
The right to freedom of religion, freedom of speech, freedom of the press, freedom to assemble, and freedom to petition the government without fear of punishment are outlined in the first amendment.
What is the meaning of fundamental rights?
Fundamental rights are the standards to which everyone must be treated equally and respectfully in society. They are essential to society because they lay down the bare minimum standard of which a person has.
Table of Contents
ShowWhat are fundamental rights? The definition of fundamental rights is a group of ideas that are recognized by the Supreme Court as being necessary for every person in the United States. The Supreme Court protects the citizens and their given privilege from the government and any regulations they may impose that encroaches on these rights. Individuals, corporations, and other entities are also not allowed to infringe on a person's fundamental rights.
The fundamental rights are the standards to which everyone must be treated equally and respectfully in society. They are essential to society because they lay down the bare minimum standard of which a person has.
Fundamental rights are used in constitutional law, where human rights are used in the broader context. The terms are interchangeable and represent the same idea. These rights are inherent to everyone, regardless of background. They prevent people from being discriminated against.
Fundamental rights are determined by the Supreme Court. They are outlined in the United States Constitution as well as the constitutions of each individual state. The Bill of Rights refers to the first ten amendments in the Constitution. It is this portion of the Constitution that clearly states the definition of the fundamental rights of the American people. Since they are guaranteed by law, they are ingrained in society and applicable to all people on American soil.
Each state has its interpretation of what a fundamental right is based on its constitution. In addition, the Supreme Court can make its fundamental rights through its ruling. It can also take away fundamental rights.
Fundamental Rights in the Constitution
The United States Bill of Rights consists of the first ten amendments of the United States Constitution, which dictates the fundamental rights that are guaranteed by the document. They were ratified on December 15, 1791 to establish the civil liberties of the people of the United States.
This set of rights serves to limit the power the federal and state governments have over their citizens. At the same time, it upholds the rights of the American people by law. It also establishes the legal rights that individuals are entitled to within the court system. This document also helps provide equality for Americans. The Supreme Court is tasked with interpreting the Bill of Rights in a court of law.
To unlock this lesson you must be a Study.com Member.
Create your account
Fundamental rights are basic, human rights that come from the Constitution and are upheld by the Supreme court. They protect the natural rights of the American people. The following is a list of fundamental rights from the Bill of Rights:
- Freedom of religion, speech, press, assembly, and petition.
- The freedom to own and bear weapons and be in a militia.
- The freedom to not be forced to house soldiers.
- The right to be free from unreasonable searches and seizures, which includes the right to privacy.
- The freedom to have due process, freedom from self-incrimination, and double jeopardy.
- The right to a speedy and public trial.
- The freedom to have a jury decide an individual's case in a civil trial.
- The freedom from excessive bail and cruel and unusual punishment.
Other fundamental rights include:
- The right to vote in an election
- The right to have custody of an individual's children
- The right to travel within and in-between states
- The right to marry between adults
- The right to a free education
The freedom of religion allows religious groups to practice their beliefs without fear of retribution or punishment. Freedom of the press allows the media to inform the public without constraint or manipulation. The right to assemble and petition allows people to gather and protest unfair practices in society.
The right to be free from unreasonable seizures keeps the executive branch from searching citizens without due cause. This also ties into privacy rights. The freedom to have due process centers around the right to have a fair trial when charged with a crime and the right to not self-implicate an individual in a crime. This is where the term "pleading the fifth" comes from. Double jeopardy prevents a person from being tried twice for the same crime.
The last fundamental rights focus on a person's right to a speedy trial that is fair and open to the public. Bail must be set at a fair price and the punishment must fit the crime. Cruel punishment is barred. Juries can be used to decide the outcome of an individual's case.
Occasionally, the government or other groups can infringe on a person's fundamental rights. This occurred when Connecticut attempted to ban contraception in 1965. The case was brought to the Supreme Court. In the case of Griswold vs. Connecticut, the Supreme Court ruled that Connecticut's law banning contraception was in violation of the fifth amendment and that everyone had the right to seek out contraception. Connecticut had to rescind its law.
To unlock this lesson you must be a Study.com Member.
Create your account
Fundamental rights are a group of ideas that are recognized as being necessary for every person in the United States of America. Fundamental rights are determined by the Supreme Court. They are also outlined in the federal Constitution, along with the constitutions of each individual state. The United States Bill of Rights is the first ten amendments of the constitution which dictates the rights set forth by the document.
In the fourteenth amendment, the constitution gives American citizens the right to due process and marriage. Due process is part of the fourth amendment as well. Other fundamental rights include the right to a speedy and fair trial. Freedom of speech and religion are other salient fundamental rights. Fundamental rights are inherent to everyone, regardless of background, and prevent people from being discriminated against.
To unlock this lesson you must be a Study.com Member.
Create your account
Video Transcript
Fundamental Rights Defined
Bailey and Ryan were planning to be married. Bailey had often wondered how couples were given the right to marry. After she completed some research, Bailey found that it was her fundamental right to get married. But what exactly is a fundamental right?
Fundamental rights are a group of rights that the Supreme Court recognizes as being fair and legal, and are also rights that are listed within the Bill of Rights. Not only are fundamental rights covered by the Bill of Rights, but each state constitution can also have fundamental rights. Let's take a closer look at some examples of fundamental rights.
Types of Fundamental Rights
There are several types of fundamental rights. The Bill of Rights and the Fourteenth Amendment are considered Fundamental Rights. These rights include:
- The right to due process
- The right to freedom of speech
- The right to freedom of religion
- The right to privacy
- The right to marry
- The right to interstate and intrastate travel
- The right to equality
- The right to assemble
- And the right to bear arms
Specifically, the right to marry is not mentioned in the Constitution but it is considered a fundamental right. We can examine these rights closer and look at why they are considered fundamental.
Features of Fundamental Rights
As citizens of the U.S., we are given the right to due process. The right to due process is part of the Fifth and Fourteenth Amendments. Should we be facing criminal charges, we have the right to be treated fairly. The Fourteenth Amendment ensures citizens the right to life, liberty, and property. A citizen must be given a fair chance to prove their innocence. A feature of the right to due process, under the Fifth and Fourteenth Amendments, is that the government does not have the ability to take away our life, liberty, or property without due process.
Some of the most widely-known fundamental rights are covered in the First Amendment. As citizens of the U.S., we have rights that allow us to freedom of speech, freedom of religion, and freedom to assemble. The feature to these rights is that they cannot be taken away from us. They are clearly stated in the First Amendment and are undeniably our rights.
Now that we have looked at a few of the written fundamental rights, let's look at the fundamental rights that are not in black and white. One of the unwritten rights includes the right to marry. According to the Fourteenth Amendment, U.S. citizens have the right to liberty, which includes the right to marry.
Another unwritten fundamental right is the right to privacy, which isn't specifically mentioned in the Constitution. What exactly does the right to privacy entail? Well, in 1965, the State of Connecticut tried to prohibit the use of any type of contraceptives, but in Griswold vs. Connecticut, the Supreme Court ruled that it was a governmental intrusion to ban contraceptives. This law would have been a violation of the Fifth Amendment. The feature of the right to privacy is that it is not specifically mentioned in the Constitution, but the Supreme Court recognizes our rights to privacy.
Lesson Summary
Fundamental rights are a group of rights that the Supreme Court recognizes as being fair and legal, and are also rights that are listed within the Bill of Rights. These rights are both written and unwritten, and they include:
- The right to due process
- The right to freedom of speech
- The right to freedom of religion
- The right to privacy
- The right to marry
- The right to interstate and intrastate travel
- The right to equality
- The right to assemble
- And the right to bear arms
People also have the right to get married and they have the right to privacy. Griswold vs. Connecticut set the standard for privacy and included the use of contraceptives as a fundamental right. The Supreme Court has become the deciding factor in whether or not citizens are granted specific rights.
Terms Related to Fundamental Rights
Fundamental Rights in the Constitution |
---|
Due Process - fair judgment |
Freedom of Speech - to say what one feels without slandering others |
Freedom of Religion - to pray without fear of government interference |
Privacy - to go about one's days without worrying about intrusions into one's personal life |
Marriage - to marry whomever one chooses |
Travel Freely - to move between states without problems |
Equality - equal rights between sexes and races |
Assembly - to come together in support or protest of a cause |
Gun Ownership - the right to possess and own guns |
Learning Outcomes
Make sure that you've retained the information in this lesson by verifying your ability to:
- Recognize the meaning of fundamental rights
- List the fundamental rights as guaranteed by the Constitution
- Provide descriptions of the written and implied rights granted by some of the constitutional amendments
To unlock this lesson you must be a Study.com Member.
Create your account
Register to view this lesson
Unlock Your Education
See for yourself why 30 million people use Study.com
Become a Study.com member and start learning now.
Become a MemberAlready a member? Log In
BackResources created by teachers for teachers
I would definitely recommend Study.com to my colleagues. It’s like a teacher waved a magic wand and did the work for me. I feel like it’s a lifeline.