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The basic theory of American judicial review is summarized by constitutional legal scholars and historians as follows: the written Constitution is fundamental law within the states. It can change only by extraordinary legislative process of national proposal, then state ratification.
That is, States may add to fundamental rights but can never diminish and rarely infringe upon fundamental rights by legislative processes. Any such attempt, if challenged, may involve a "strict scrutiny" review in court. In American constitutional law, fundamental rights have special significance under the U.S. Constitution.
The United States Bill of Rights comprises the first ten amendments to the United States Constitution.Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the ...
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
The Kansas Supreme Court ruled Friday that there is no fundamental right to vote in the bill of rights of the Kansas Constitution.
Wade, in part due to the Supreme Court finding that the right to privacy was not mentioned in the constitution, [14] leaving the future validity of these decisions uncertain. [15] Legally, the right of privacy is a basic law [16] which includes: The right of persons to be free from unwarranted publicity; Unwarranted appropriation of one's ...
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
A split Kansas Supreme Court ruling last week issued in a lawsuit over a 2021 election law found that voting is not a fundamental right listed in the state Constitution's Bill of Rights. The ...