constitutional rights

Constitutional rights are the protections and liberties guaranteed to people by the U.S. Constitution. Many of these rights are outlined in the Bill of Rights, such as the right to free speech in the First Amendment, and the right to a speedy and public trial in the Sixth Amendment. Even though these rights are expressly stated, their scope and proper implementation may remain the subject of debate. As such, there is a a large quantity of case law revolving around the theiry and application of constitutional rights.

Additionally, not all rights protected by the U.S. Constitution are explicitly stated within. Some are implied or unenumerated, such as the right to privacy. These implied rights are often established through case law. For example, the first instance of a constitutional right to privacy comes from the seminal case Griswold v. Connecticut, 381 U.S. 479 (1965), where the U.S. Supreme Court found the right to privacy is derived from penumbras of other explicitly stated constitutional protections found in the First, Third, Fourth, Fifth, and Ninth Amendments.

[Last reviewed in May of 2026 by the Wex Definitions Team]

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