Which term describes rights that are protected by the Constitution itself as fundamental?

• A. Statutory rights
• B. Fundamental rights
• C. Administrative rights
• D. Legal rights created by case law

Answer: (B)

Fundamental rights are the protections that the Constitution itself recognizes as essential to individual liberty. They deserve heightened protection, and when a government action or law would burden one of these rights, courts apply strict scrutiny to determine if there’s a compelling reason and a narrowly tailored means to achieve it. This stronger standard reflects that these rights are core to the constitutional framework. Examples include freedoms like speech and religion, and due process and equal protection guarantees that help ensure fair treatment under the law.

Statutory rights come from laws passed by legislatures and can be changed or repealed by future laws, so they aren’t guaranteed solely by the Constitution. Rights created by case law arise from court decisions and may or may not be tied to constitutional protection, whereas fundamental rights specifically refer to those protected by the Constitution itself as essential to liberty.