🎟️intro to american government review

key term - Fundamental Rights

Definition

Fundamental rights are the basic human rights and freedoms that are considered essential for individuals to live with dignity and freedom. These rights are typically enshrined in a country's constitution and serve as the foundation for protecting individual liberties against government overreach or infringement.

5 Must Know Facts For Your Next Test

  1. Fundamental rights are considered inalienable, meaning they cannot be taken away or infringed upon by the government.
  2. The Bill of Rights in the U.S. Constitution outlines many of the key fundamental rights, such as freedom of speech, religion, and the press.
  3. The Fourteenth Amendment to the U.S. Constitution extended the protections of the Bill of Rights to the states, ensuring fundamental rights are upheld at all levels of government.
  4. The Supreme Court has played a crucial role in interpreting and expanding the scope of fundamental rights over time, through landmark decisions.
  5. Fundamental rights serve as a check on the power of the government, preventing it from infringing on individual liberties without due process and compelling justification.

Review Questions

  • Explain how fundamental rights are protected in the U.S. Constitution and Bill of Rights.
    • The U.S. Constitution, particularly the Bill of Rights, outlines a number of fundamental rights that are considered essential for individual liberty and freedom. These include freedoms of speech, religion, press, assembly, and the right to due process and equal protection under the law. The Fourteenth Amendment further extended these protections to the states, ensuring fundamental rights are upheld at all levels of government. The Supreme Court has played a crucial role in interpreting and expanding the scope of these rights over time, serving as a check on government power and preventing infringement on individual liberties.
  • Describe the role of the Supreme Court in safeguarding fundamental rights.
    • The Supreme Court has been instrumental in safeguarding fundamental rights in the United States. Through its power of judicial review, the Court has interpreted the Constitution and Bill of Rights to determine the scope and application of these essential freedoms. The Court has issued landmark decisions that have expanded the protections of fundamental rights, such as the right to privacy, freedom of expression, and equal protection under the law. By serving as the final arbiter of constitutional issues, the Supreme Court has acted as a guardian of individual liberties, ensuring the government cannot infringe on these inalienable rights without compelling justification and due process.
  • Analyze how the concept of fundamental rights serves as a check on government power.
    • Fundamental rights are a critical check on the power of the government, preventing it from arbitrarily infringing on individual liberties without due process and a compelling state interest. By enshrining these basic freedoms in the Constitution and Bill of Rights, the Framers sought to create a system of limited government, where the people's rights are protected from overreach or abuse of power. The Supreme Court's role in interpreting and expanding the scope of fundamental rights has been essential in upholding this balance of power, ensuring the government cannot violate these inalienable rights without meeting a high legal standard. Fundamental rights, therefore, serve as a bulwark against the tyranny of the majority and the potential for government oppression, preserving the essential liberties that are the foundation of a free and democratic society.