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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 ...
The Kansas Supreme Court has ruled that voting is not a fundamental right protected by the Kansas Constitution. The decision on voting rights Friday could weaken legal challenges to future voting ...
Undoubtedly, the right of suffrage is a fundamental matter in a free and democratic society. Especially since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized."
Justice Eric Rosen, one of the three who dissented, shot back: “It staggers my imagination to conclude Kansas citizens have no fundamental right to vote under their state constitution.”
The Constitution of the United States recognizes that the states have the power to set voting requirements. A few states allowed free Black men to vote, and New Jersey also included unmarried and widowed women who owned property. [1] Generally, states limited this right to property-owning or tax-paying White males (about 6% of the population). [2]
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 ...
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.
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.