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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 ofRights）,or have been found under Due Process. Laws limiting these rights generally must pass strict scrutiny to be upheld as constitutional. Examples of fundamental rights not specifically listed in the Constitution include the right to marry and the right to privacy,which includes a right to contraception and the right to interstate travel.
Various private rights,including marriage,sexual relations,abortion,and childrearing,are fundamental rights. Thus,regulations affecting these rights are reviews under the strict scrutiny standard and will be uphold only if they are necessary to a compelling interest.
The right of a male and female to enter into（and,probably,to dissolve）a marriage relationship is a fundamental right. Although not all cases examining marriage regulations clearly use the compelling interest standard,a law prohibiting a class of adults from marrying is likely to be invalidated unless the government can demonstrate that the law is narrowly tailored to promote a compelling or overriding or,at least,important interest.
A state cannot prohibit distribution of nonmedical contraceptives to adults except through licensed pharmacists,nor prohibit sales of such contraceptives to persons under 16 who do not have the approval of a licensed physician.
The Supreme Court has held that the right of privacy includes the right of women to have an abortion under certain circumstances without undue interference from the state. However,because the Court has held that the states have a
compelling interest
in protecting the health of both the woman and the fetus that may become a child,it is difficult to apply the normal“strict scrutiny”analysis to abortion regulations since these two compelling interests may conflict with each other and with the regarding abortions and the Justices have not come to agreement on any applicable standard.
The right of all United States citizens over 18 years of age is mentioned in the Fourteenth,Fifteenth,Nineteenth,Twenty‐Fourth,and Twenty‐Sixty Amendments. It extends to all national and state government elections,including primaries. The right is fundamental；thus,restrictions on voting,other than on the basis of age,residency,or citizenship,are invalid unless they can pass strict scrutiny.
（1）Nature of the Right
Individuals have a fundamental right to travel from state to state,which encompasses the right:（i）to leave and enter another state,and（ii）to be treated equally if they become permanent residents of that state.
（2）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. This means that the government must show that the waiting period requirement is tailored to promote a compelling or overriding interest. However,in some right to travel cases,the Court has not been clear as to whether it is using this strict scrutiny,compelling interest standard of review. The important point to note is that state residency requirements should not be upheld merely because they have some theoretical rational relationship to an arguably legitimate end of government.
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. The Court has held that this right is not violated when the federal government refuses to pay Social Security benefits to persons who leave the country. The test is“mere rationality,not strict scrutiny. ”Congress may give executive branch the power to revoke the passport of a person whose conduct in another country presents a danger to United States foreign policy. The Treasury Department,with congressional authorization,could restrict travel to and from Cuba without violating the Fifth Amendment.