FUNDAMENTAL RIGHT

 

A right which may be original or may be established by long cultural or judicial tradition, as essential to life, liberty, property, or the pursuit of happiness. A fundamental right limits the power of the federal government and, according to the incorporation doctrine of the Fourteenth Amendment, the powers of individual states when a conflict exists with the purported right. Generally, a government must pass strict scrutiny to abridge a fundamental right, and this notion is called substantive due process.