In the United States, there are exceptional rights called fundamental rights under the 14th Amendment of the Constitution. The Supreme Court has held through due process and equal protection that to restrict those fundamental rights, the government must have a “compelling governmental interest.” Some fundamental rights, like the right to free speech, are listed in the Bill of Rights, but others are not expressly written in the Constitution. Rather, they have been interpreted through constitutional construction, which you learned about in Week 1. Those rights include the right to privacy, marriage, procreation, and interstate travel. A law restricting these rights must be narrowly tailored and will be evaluated by the Supreme Court with strict scrutiny. It is an issue of substantive due process if the law denies a fundamental right without adequate justification.
- Select a fundamental right. Then, think about how the fundamental right you selected is rooted in the Due Process Clause in the Constitution.
- Identify and explain the fundamental right you selected.
- Explain how the fundamental right you selected is rooted in the Due Process Clause in the Constitution. Be specific and reference this week’s Learning Resources.