![]() Implied rights require further connection with Constitutional text, principles, and analogies to support the foundation for the right. Specifically mentioned rights, like the freedom of speech, mainly require the Court to just determine the extent of the right. The article argues that "the shift in constitutional values from Lochner to West Coast Hotel was the result of developments in legal, economic, and political theory, as well as the harsh realities of economic life during the Great Depression." Interpretation of Implied Rightsįundamental rights that the Supreme Court decides are implied in the Constitution often have more difficult rulings that change over time compared to rights explicit in the Constitution. For further reading, this Minnesota Law Review article takes a thorough view of the shift regarding the right to contract. There are many scholarships written about why the Court sometimes takes drastically different approaches to a "fundamental right" in such a relatively short period of time. Parrish (1937), however, the Court found that there is no fundamental right to contract: "There is no absolute freedom to do as one wills or to contract as one chooses." The Court focused on the importance of economic contracts in the context of individual liberty. In Lochner v New York(1905), the Supreme Court found that the right to make a private contract is a fundamental right. The Court did this with the right to contract. The Supreme Court must use different pillars of statutory interpretation to determine how fundamental rights evolve to meet new situations and new understandings of the law.Įven when the Supreme Court finds that something is a fundamental right, the Court may later revoke its standing as a fundamental right. One of the primary roles of the Supreme Court is determining what rights are fundamental under the Constitution, and the outcomes of these decisions have led to the Court’s most controversial and contradictory opinions. ![]() ![]() Protection Against Unreasonable Searches and Seizuresįundamental rights not specifically listed in the Constitution include:Įven though rights may be fundamental, that does not necessarily mean that the extent of a right or a right itself has always been recognized.Examples of Fundamental Rightsįundamental rights mentioned directly in the Constitution: Laws encroaching on a fundamental right generally must pass strict scrutiny to be upheld as constitutional. These laws are said to be “fundamental” because they were found to be so important for individual liberty that they should be beyond the reach of the political process, and therefore, they are enshrined in the Constitution. These rights are specifically identified in the Constitution (especially in the Bill of Rights) or have been implied through interpretation of clauses, such as under Due Process. Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment.
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