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. These rights are specifically identified in the Constitution (especially in the Bill of Rights) or have been implied through interpretation of clauses, such as under Due Process. These laws are said to be “fundamental” because they were found to be so important for individual liberty that they should be beyond the reach of the political process, and therefore, they are enshrined in the Constitution. Laws encroaching on a fundamental right generally must pass strict scrutiny to be upheld as constitutional.

Examples of fundamental rights mentioned directly in the Constitution include freedom of speech, trial by jury, protection against self-incrimination, protection against unreasonable searches and seizures, equal protection, and the right to vote. Fundamental rights not specifically listed in the Constitution include marriage, privacy, contraception, interstate travel, procreation, and custody of ones children.

In American constitutional law, a fundamental right is a right that enjoys special protection from interference by the government. Fundamental rights can be enumerated—listed in the Bill of Rights—or unenumerated. Unenumerated fundamental rights are protected by the due process clauses of the 5th and 14th Amendments to the Constitution. Examples include the right to marry, to procreate, and to live together with family members. If the government wants to take away or interfere with the exercise of a fundamental right, it must satisfy a demanding test called "strict scrutiny". To meet this test, the government must prove two things.

In summary, fundamental rights are a group of rights that are considered to be so important for individual liberty that they should be beyond the reach of the political process and are enshrined in the Constitution. These rights are protected from interference by the government and generally must pass strict scrutiny to be upheld as constitutional. Examples of fundamental rights include freedom of speech, trial by jury, protection against self-incrimination, and the right to vote.