Constitutional right
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A constitutional right is a right granted by a government's constitution (on the national or sub-national level), and cannot be legally denied by that government.
Constitutional Rights in the United States
In the United States, the constitutional rights of persons derive primarily from the amendments to the US Constitution, known as the Bill of Rights. Persons may also have constitutional rights granted by the constitution of a state.The provisions providing for rights under the Bill of Rights were originally binding upon only the federal government. In time, most of these provisions became binding upon the states through selective incorporation into the due process clause of the 14th Amendment. When a provision is made binding on a state, a state can no longer restrict the rights guaranteed in that provision.
Examples of provisions made binding upon the states are the 6th Amendment's guarantee of a right to confrontation of witnesses, known as the Confrontation Clause, and the various provisions of the 1st Amendment, guaranteeing the freedoms of speech, the press, religion, and assembly.
However, some provisions in the Bill of Rights were not made binding upon the states and are only applicable to the Federal Government.
For example, the fifth amendment grants the right to grand jury proceedings in federal criminal cases. However, because this right was not selectively incorporated into the due process clause of the 14th amendment, it is not binding upon the states. Therefore, persons involved in state criminal proceedings as a defendant have no federal constitutional right to grand jury proceedings. Whether an individual has a right to a grand jury becomes a question of state law.
Other Legal Rights in the US
Not all legal rights derive from the constitution. For example, federal law in the United States allows the use of consumer fireworks, but this right is not a constitutional right, and state and local governments may prohibit them.
See also
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