Fundamental Rights

Question 1

Category: Privacy & Autonomy

Answer 1

Includes rights related to marriage, procreation, contraception, parental rights, medical decisions, and abortion (formerly protected).

Question 2

Fundamental Right: Marriage

Answer 2

The right to marry is fundamental under substantive due process (Obergefell v. Hodges).

Question 3

Fundamental Right: Procreation

Answer 3

The government cannot impose restrictions on procreation (Skinner v. Oklahoma).

Question 4

Fundamental Right: Contraception

Answer 4

The right to use contraception is protected (Griswold v. Connecticut).

Question 5

Fundamental Right: Parental Rights

Answer 5

Parents have the right to direct the upbringing of their children (Troxel v. Granville).

Question 6

Fundamental Right: Refusing Medical Treatment

Answer 6

Individuals have the right to refuse life-sustaining medical treatment (Cruzan v. Director, Missouri Department of Health).

Question 7

Fundamental Right: Abortion (Formerly Protected)

Answer 7

No longer a fundamental right after Dobbs v. Jackson Women’s Health Organization (2022).

Question 8

Category: Voting & Political Process

Answer 8

Includes rights related to voting, candidacy, political association, and fair redistricting.

Question 9

Fundamental Right: Right to Vote

Answer 9

States cannot impose unreasonable restrictions on voting (Harper v. Virginia Board of Elections).

Question 10

Fundamental Right: Right to Be a Candidate

Answer 10

Excessive ballot access restrictions violate fundamental rights (Bullock v. Carter).

Question 11

Fundamental Right: Political Association

Answer 11

Individuals have the right to associate for political purposes (Williams v. Rhodes).

Question 12

Fundamental Right: Ballot Access & Redistricting

Answer 12

One person, one vote applies to redistricting (Reynolds v. Sims, Baker v. Carr).

Question 13

Category: Criminal Justice & Court Access

Answer 13

Includes rights related to fair trials, legal representation, and access to courts.

Question 14

Fundamental Right: Interstate Travel

Answer 14

Citizens can freely travel between states (Saenz v. Roe).

Question 15

Fundamental Right: Access to Courts

Answer 15

A fundamental right in cases of significant personal interest (Boddie v. Connecticut).

Question 16

Fundamental Right: Right to Counsel

Answer 16

The state must provide an attorney to indigent defendants (Gideon v. Wainwright).

Question 17

Fundamental Right: Right to a Fair Trial

Answer 17

Jury trials are required for serious offenses (Duncan v. Louisiana).

Question 18

Fundamental Right: Protection from Forced Sterilization

Answer 18

Forced sterilization laws are unconstitutional (Skinner v. Oklahoma).

Question 19

Category: First Amendment Rights

Answer 19

Includes rights related to speech, religion, assembly, and press freedom.

Question 20

Fundamental Right: Freedom of Speech

Answer 20

The government cannot restrict speech without compelling justification (Gitlow v. New York).

Question 21

Fundamental Right: Freedom of Religion

Answer 21

Includes both the Free Exercise and Establishment Clauses (Employment Division v. Smith, Wisconsin v. Yoder).

Question 22

Fundamental Right: Freedom of Assembly & Association

Answer 22

The right to organize and associate freely (NAACP v. Alabama).

Question 23

Category: Equal Protection-Based Rights

Answer 23

Fundamental rights protected under the Equal Protection Clause, particularly suspect class protections.

Question 24

Fundamental Right: Right to Marry Without Racial Restrictions

Answer 24

Bans on interracial marriage violate equal protection (Loving v. Virginia).

Question 25

Fundamental Right: Equal Educational Opportunity

Answer 25

Applies to undocumented children (*Plyler v. Doe*).

Question 26

Fundamental Right: Right to Interstate Travel

Answer 26

States cannot place undue burdens on new residents (*Shapiro v. Thompson*).

Question 27

Category: Rights That Are NOT Fundamental

Answer 27

Includes rights that are not explicitly protected under substantive due process.

Question 28

Non-Fundamental Right: Education

Answer 28

Education is not a fundamental right (*San Antonio Independent School District v. Rodriguez*).

Question 29

Non-Fundamental Right: Welfare & Public Assistance

Answer 29

Welfare benefits can be limited (*Dandridge v. Williams*).

Question 30

Non-Fundamental Right: Physician-Assisted Suicide

Answer 30

Not constitutionally protected (*Washington v. Glucksberg*).

Question 31

Non-Fundamental Right: Housing

Answer 31

There is no constitutional right to housing.

Question 32

Non-Fundamental Right: Employment

Answer 32

The government is not required to provide jobs.

Question 33

Category: Scrutiny Levels

Answer 33

The level of scrutiny applied depends on whether a right is fundamental or non-fundamental.

Question 34

What level of scrutiny applies to fundamental rights?

Answer 34

Strict scrutiny: The law must be narrowly tailored to achieve a compelling state interest.

Question 35

What happens if a right is not fundamental?

Answer 35

The law is reviewed under rational basis and will be upheld if rationally related to a legitimate state interest.