07-Fundamental Rights

●?? Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment.

●? Right of Privacy

●? Marriage

●? Use of Contraceptives

●?? A state cannot prohibit distribution of nonmedical contraceptives to adults except through licensed pharmacists, nor probit sales of such contraceptives to persons under 16 who do not have the approval of a licensed physician.

●? Abortion

●? Right to Vote

●? The right of all United States citizens over 18 years of age is mentioned in the Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments.

●? Right to Travel

●? Interstate Travel

●?? Nature of the Right

●?? Individuals have a fundamental right to travel from state to state

●?? to leave and enter another state

●?? to be treated equally if they become permanent residents of that state

●?? Standard of Review

●?? When a state uses a durational residency requirement (a waiting period) for dispensing benefits, that requirement normally should be subject to the ＂strict scrutiny＂test.

●? International Travel

●?? The Supreme Court has not yet declared that the right to international travel is fundamental, although the right appears to be protected from arbitrary federal interference by the Due process Clause of the Fifth Amendment.