The Limits of Fundamental Rights 

The Limits of Fundamental Rights 

The Constitution protects a significant number of rights and liberties as fundamental; fundamental, thought of in these terms, means that there is little to no right of the government to interfere with this right at issue…unless there is a significant government interest that trumps the right itself. Marriage and family rights are fundamental rights; the Constitution has made rights related to marriage and family of the utmost importance and the government must prove that it has a compelling reason to interfere with that right. When it comes to family, the compelling reason for interference may be related to a threat or potential for harm.

Kerry v. Din: Right to Live With Your Spouse?

In a recent case decided by the Supreme Court, Kerry, Secretary of State, Et al. v. Din, the limits of a fundamental right of marriage was tested. The case reviewed the claim by an American citizen who is married to a former civil servant in the Taliban regime, stating that when the government denied her husband’s visa to the country, the government interfered with her fundamental right of marriage. The husband, who is an Afghan citizen and who was a former employee of the Taliban regime, applied for a visa to move to the United States with his American wife. His visa was ultimately denied and little to no explanation was provided for the denial of his visa. The only explanation provided was a citation against U.S. law that bars the issuance of visas to persons who have participated in terrorist activities.

The Reasoning Behind the Holding of the Case

The Supreme Court was split at 5-4 denying Din’s claim of violation of due process; her fundamental right to live with her husband was not provided the adequate substantive due process to ensure that the right interfered with was denied for a compelling reason. According to the opinion submitted by Justice Scalia, just because a right is fundamental does not mean that it will be constitutionally protected every time any law or regulation affects it. In this case, the government’s past authority and interest in the realm of immigration policy provide the government a compelling reason to interfere because it is within the government’s interest to ensure that persons once affiliated with terrorist organizations cannot become American citizens. Though this issue relates to a fundamental right – the right to marry – there is no constitutional right to live with your spouse or to provide American citizenship to your spouse. Her right to life and liberty is not in jeopardy in this case, so, therefore there is no due process violation.

Experienced Family Law Attorneys in Mount Pleasant, Charleston Area

A fundamental right to marry is upheld as the most sacred. If you believe your rights are being violated, it is important to speak with the experienced family law attorneys at Klok Family Law LLC. Contact Klok Family Law LLC  today for an initial and confidential consultation.

24 Comments
  • Austin Nasti
    Posted at 07:59h, 16 November

    No more online surveys that pay cents, no more scam sites that pay you nothing. Go and register here http://bit.ly/2ODt2Tt – and start earning real money. If you can comment on blogs, you will easily make like $3000+ a month just by sitting at your home and working like 2-3 hours a day.

  • Artie Hartkopf
    Posted at 04:45h, 25 November

    Hello! This is my first comment here so I just wanted to give a quick shout out and tell you I truly enjoy reading your posts. Can you suggest any other blogs/websites/forums that cover the same topics? Thank you!

  • Granville Arroyo
    Posted at 22:44h, 26 November

    Didn’t believe when I first started, but after my 1st payout realized, that I won’t be doing any other job. Have a look yourself: Affiliate Program – 30 comission – watch video, register for free, then go to your affiliate section and start making 30 commission on all products. Best for people looking to earn around $2500-$3000/month.

  • Gail Reed
    Posted at 19:54h, 28 November

    If you ever tried Phallomax, pls write your thoughts here. I am about to test it out. Have heard about this remedy some very good reviews. Just wondering on how many more cm would this product add to my little down there lol xD

  • Clinton Jennings
    Posted at 21:45h, 28 November

    I’ve used Phallomax for some time. No doubts this is probably the best product for “that” problem. Got it from the UK within a few days and I live in Grenada. Well worth of money spent.

  • Sizegain Plus
    Posted at 01:33h, 02 December

    Amazing post. Thx xxD

  • Juan Crum
    Posted at 17:55h, 29 January

    Even though I was an average guy, this stuff has really helped me out: http://bit.ly/2N5npwG

  • Carl Santulli
    Posted at 22:27h, 29 January

    Hey there! This post couldn’t be written any better! Reading this post reminds me of my good old room mate! He always kept chatting about this. I will forward this page to him. Pretty sure he will have a good read. Thank you for sharing!

  • Rosario Smyth
    Posted at 09:03h, 13 February

    Very good info. Btw did you try this product: http://bit.ly/2N5npwG Looks like it’s one of those products you don’t normally talk about. I have come across it two days ago and thought I’d give it a try just to see how good it is. Found some video reviews on Dailymotion and they look legit (I mean not scripted). Not many products out there have so many positive reviews. Have a look on it, maybe this can finally solve our problems (or at least yours).

  • sudzreader.blogaaja.fi
    Posted at 23:27h, 14 February

    Son Çıkan Kitaplar 2015 Avrupa Da Kitap Siparisi

  • Gaynelle Vandenbos
    Posted at 05:56h, 15 February

    What’s happening gamers, I possess a Pioneer! I will forge your station outpost with affiliation to your organization! Start playing now and apply this referral promo code: STAR-KDSY-M2MW. – Comes with 5000 UEC Cash and a ship for Star Citizen.

  • sudzreader.blogaaja.fi
    Posted at 08:35h, 15 February

    Internette Bedava Kitap Oku Kitap Internet Siteleri

  • gift14.blogaaja.fi
    Posted at 12:21h, 15 February

    Web Sitesi Kitap En Uygun Kitap Satış Sitesi

  • Lianne Gettings
    Posted at 11:48h, 18 February

    Great stuff. Thx xD

  • http://openfi.blogaaja.fi
    Posted at 08:22h, 20 February

    Okuma Kitabı Sipariş Et 9.90 Kitap

  • bizzmike.blogaaja.fi
    Posted at 10:02h, 20 February

    Kitap Online Satış Ücretsiz Kargo Kitap Alışveriş

  • book
    Posted at 12:01h, 20 February

    En Çok Satan Ve Okunan Kitaplar Yeni Güncel Kitaplar

  • bizzmike.blogaaja.fi
    Posted at 18:27h, 20 February

    En Çok Okunan Romanlar 2015 Kapıda Ödeme Kitap Al

  • gift14.blogaaja.fi
    Posted at 20:18h, 20 February

    Yeni Çıkan Yabancı Kitaplar 2015 En Çok Satan Kitaplar Listesi

  • gift14.blogaaja.fi
    Posted at 05:58h, 21 February

    Ikinci El Kitap Kapıda Ödeme En Okunan Kitaplar 2015

  • read
    Posted at 08:31h, 21 February

    En Ucuz Online Kitap Sitesi Yeni Çıkan Çok Satan Kitaplar

  • bortmann23.blogaaja.fi
    Posted at 10:05h, 21 February

    Kitap Kurdu Kitapları Kitap Satan

  • download
    Posted at 20:13h, 21 February

    En Sevilen Kitaplar Kitap Yur

  • http://bookchat.mypressonline.com/read7rfl3.html
    Posted at 06:11h, 22 February

    Indirimli Kitap Satın Al Yeni Kitabı Çıkan Yazarlar

Post A Comment