What are "fundamental rights"?

Fundamental rights are defined as rights that are considered essential to order, liberty, and justice within a society. These rights are often enshrined in a country's constitution or foundational legal documents and are viewed as crucial for upholding individual freedoms and promoting a just society. In the context of U.S. law, the concept of fundamental rights arises primarily from interpretations of the Constitution and has significant implications for the protection of individual liberties against governmental infringement.

The characteristics of fundamental rights include their universality and the high level of scrutiny they receive in legal challenges. Courts tend to closely examine any governmental action that limits these rights, reflecting their importance in the democratic framework.

In contrast, other options articulate concepts that do not accurately define fundamental rights. For instance, rights that are granted only to citizens or that apply only to federal matters do not encapsulate the broader scope of what fundamental rights entail. Similarly, rights that can be revoked in times of emergency do not align with the core idea of fundamental rights, which are typically safeguarded against such revocation to preserve essential freedoms.