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The doctrine of fundamental rights is a feature of United States law under which certain human rights that are enshrined in the U.S. Constitution are given a high degree of judicial deference in conflicts between individual liberty and governmental intrusion. Although many fundamental rights are also more widely considered to be human rights, the classification of a right as fundamental invokes specific legal tests used by courts to determine the carefully constrained conditions under which the United States government and the various state governments may impose limitations on these rights.
as generally determined whether rights are to be considered fundamental by examining the historical foundations of those rights, and determining whether their protection was part of a longstanding tradition. Other rights may be guaranteed as fundamental by individual states.
Some rights generally recognized as fundamental at the federal level follows[citation needed]:
* Right to keep and bear arms
* Right to freedom of movement within the country
* Right to property
* Right to marry the person of any race
* Right to procreate irrespective of marital status or other classifications
* Right to freedom of association
* Right to freedom of speech
* Right to equal protection under the law
* Right to freedom of thought
* Right to vote in general election
* Right to freedom of contract by parties with proportional bargaining power
* Right to privacy
* Right to direct a child's upbringing [1]
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