Legal Definitions - constitutional right

A constitutional right is a fundamental freedom or entitlement that is explicitly guaranteed and protected by a nation's or a state's constitution. These rights are considered paramount and often serve as a limit on the power of the government, ensuring that individuals maintain certain liberties and protections against governmental overreach.

Here are some examples illustrating the concept of a constitutional right:

• Imagine a city council passes a new ordinance that prohibits all public gatherings and protests within city limits, regardless of their nature. Citizens who wish to express their views peacefully could challenge this ordinance in court, arguing that it violates their constitutional right to freedom of speech and assembly, which is protected by the First Amendment of the U.S. Constitution. The court would likely strike down the ordinance because it infringes upon a fundamental right guaranteed by the Constitution.

• Consider a state legislature that attempts to pass a law requiring all citizens to pass a difficult literacy test before being allowed to register to vote. Advocacy groups would swiftly challenge this law, asserting that it violates the constitutional right to vote. Various amendments to the U.S. Constitution (such as the 15th, 19th, and 26th Amendments) and many state constitutions guarantee the right to vote without discriminatory barriers, ensuring that eligible citizens can participate in elections.

• Suppose law enforcement officers enter and search a person's home without a warrant, without the homeowner's permission, and without any immediate threat or emergency. If they find incriminating evidence, that evidence might be excluded from a criminal trial because it was obtained in violation of the homeowner's constitutional right to be free from unreasonable searches and seizures. This right, enshrined in the Fourth Amendment of the U.S. Constitution, protects individuals' privacy and security against arbitrary government intrusion.