Basic human rights that are considered essential to liberty and justice, receiving the highest level of constitutional protection and requiring strict scrutiny when government action restricts them. These include rights like freedom of speech, religion, and due process.
From Latin 'fundamentum' (foundation) and Old French 'droit' (right, law). The concept evolved from natural law theory through Enlightenment philosophy into modern constitutional doctrine, particularly strengthened by 20th-century Supreme Court interpretations.
The Supreme Court's recognition of fundamental rights transformed American law by creating a hierarchy of constitutional protection—while most laws need only be 'rational,' restrictions on fundamental rights must survive 'strict scrutiny,' the most demanding legal test. This doctrine emerged from cases like Korematsu (ironically upholding Japanese internment) but later protected civil rights in landmark decisions like Loving v. Virginia, which struck down interracial marriage bans.
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