Chemerinsky on Con Law · Fundamental Rights
This chapter provides a comprehensive overview of fundamental rights under constitutional law, highlighting key principles, landmark cases, and the judicial tests used in their adjudication.
Source: Chemerinsky on Con Law
Fundamental rights are those rights deemed essential to order and liberty, derived primarily from the Bill of Rights and further interpretations over time. These rights, which include privacy, free speech, and voting rights, receive heightened scrutiny under the Constitution when challenged by governmental action.
The right to privacy is a pivotal area of fundamental rights jurisprudence, prominently established in cases like Griswold v. Connecticut and Roe v. Wade. The chapter discusses how this right encompasses personal decisions regarding marriage, family, and reproductive choices, which the Court has historically protected through substantive due process.
Freedom of speech is a cornerstone of democratic society, protected under the First Amendment. The chapter explores the various forms of speech, including symbolic speech, and distinguishes between protected and unprotected categories, such as obscenity and incitement. Key cases like Brandenburg v. Ohio demonstrate the balance between free expression and societal interests.
Voting is recognized as a fundamental right integral to democracy. The chapter reviews the evolution of voting rights, landmark legislation like the Voting Rights Act, and Supreme Court cases that have shaped the legal landscape, including one-person, one-vote principles established in Reynolds v. Sims. This section emphasizes the importance of protecting access to the ballot.
The chapter concludes with an analysis of the varying standards of review applied by courts in evaluating fundamental rights cases. These include strict scrutiny, intermediate scrutiny, and rational basis tests, each serving a distinct role in judicial examination of laws impinging on fundamental rights, thus placing a heavier burden on the state in cases involving suspect classifications or fundamental rights.
A constitutional doctrine that protects certain fundamental rights from government interference.
The highest standard of judicial review used by courts to evaluate laws that discriminate against suspect classes or impinge on fundamental rights.
A principle that ensures each vote carries equal weight in electoral processes.
Material on fundamental rights consistently appears in constitutional law exams, often requiring students to apply doctrines of scrutiny to hypothetical scenarios involving rights infringements. Understanding landmark cases and the implications of different standards of review is crucial for success.