Make the features of fundamental rights clear.
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Fundamental Rights
To prevent abuses that threaten the entire civilization, to create happiness for all people, and to prevent great unjustified suffering, all fundamental rights are granted to all people in every civilized society. The italicized statement is also the meaning of the Ninth Amendment to the United States Constitution: The amendment grants all fundamental rights not already granted in other parts of the Constitution. Moreover, each right is a liberty since it prevents certain restrictions on one's state of body or environment; liberty cannot be denied without "due process of law" (Fifth and Fourteenth Amendments); and there is no due (proper) process of law to deny fundamental rights since denying such rights is inherently improper since fundamental rights are those rights whose protection is essential for the society. Liberty is the ability to do whatever one wants; thus, all restrictions are deprivations of liberty; however, some restrictions are proper and thus with due process of law. Freedom to control other people is a liberty since the right to achieve what one wants (or even merely freedom from bodily restraint) is meaningless without some control over other people. This document describes, explains, and justifies human rights and their protection by the United States Constitution
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.