The Constitution of the United States, along with its Amendments and the Bill of Rights, provides a well-established hierarchy of rights designed to protect individual freedoms and establish a government accountable to the people. These rights are intentionally arranged to uphold fundamental liberties, prioritize individual and state sovereignty, and limit government intervention. Understanding this hierarchy is essential to preserving the freedoms guaranteed by our Founding Fathers.

The Foundation: Inalienable Rights in the Declaration of Independence

Although the Declaration of Independence is not legally binding, it forms the philosophical foundation of America’s approach to human rights. In 1776, the Founders proclaimed that “all men are created equal” and “endowed by their Creator with certain unalienable Rights,” among them “Life, Liberty, and the pursuit of Happiness.” These rights, viewed as inherent and God-given, set the tone for a government structure that exists to protect individual liberties rather than restrict them. These unalienable rights are viewed as supreme, transcending any political or governmental structure.

The Bill of Rights: Fundamental Liberties for Individuals

The Bill of Rights, the first ten amendments to the Constitution, forms the bedrock of American civil liberties. Drafted to limit government power and ensure individual freedoms, the Bill of Rights is often considered the highest level in the hierarchy of Constitutional rights:

• First Amendment: Protects freedom of speech, religion, press, assembly, and petition. This amendment secures fundamental expressions of thought and belief, recognizing that these freedoms are foundational for a free society.
• Second Amendment: Affirms the right to bear arms, seen by the Founders as essential to self-defense and a safeguard against tyranny. In this sense, the Second Amendment serves as a “defense of defense,” a protection of one’s capacity to uphold all other rights.
• Fourth through Eighth Amendments: Safeguard individuals’ rights within the judicial process. These amendments protect against unreasonable searches, unfair trials, excessive punishment, and other governmental overreach in judicial proceedings, thus ensuring that the rule of law respects individual dignity and freedom.

These Amendments address rights that are considered fundamental, meaning that the government must show a compelling interest before it can lawfully infringe upon them. Courts generally view rights in the Bill of Rights as the most protected, often requiring the highest level of scrutiny when these rights are in question.

Tenth Amendment: Federalism and State Sovereignty

The Tenth Amendment, which reserves powers not explicitly granted to the federal government to the states or the people, underlines the Constitutional principle of federalism. The Founders intended for the federal government to be limited, with most governing power left to the states. This decentralization allows for diversity in governance, where each state can serve as a “laboratory of democracy,” adapting policies to the unique needs of its people.

The Tenth Amendment thus establishes a critical structural balance, intended to protect individual liberties by preventing a monolithic federal government from assuming all power. It allows states to have their own constitutions and laws, as long as they do not infringe on the rights guaranteed by the U.S. Constitution.

Fourteenth Amendment: Equal Protection and Due Process

Ratified after the Civil War, the Fourteenth Amendment extended Constitutional protections to state action, enforcing the Bill of Rights on a national scale. Key provisions include:

• Due Process Clause: Protects individuals from deprivation of “life, liberty, or property, without due process of law.” This clause means that fundamental rights cannot be arbitrarily taken away and are protected at all levels of government.
• Equal Protection Clause: Requires that individuals be treated equally under the law, forming the basis of many civil rights decisions that protect against discrimination.

The Fourteenth Amendment plays a critical role in applying Constitutional protections broadly, ensuring that states cannot violate the core rights recognized in the Bill of Rights and by the federal government.

Hierarchy in Judicial Interpretation: Fundamental and Non-Fundamental Rights

The Constitution creates a hierarchy of rights through judicial interpretation as well. The U.S. Supreme Court has identified certain rights as “fundamental,” meaning they are deeply rooted in American tradition and values, and are thus essential to “ordered liberty.” When fundamental rights are at issue, courts apply “strict scrutiny” — the highest standard of review — requiring that any government action infringing on these rights must serve a “compelling state interest” and be narrowly tailored to achieve that interest.

For less essential or “non-fundamental” rights, courts apply a lower standard of review, often known as “rational basis,” which requires only that the government action be “reasonably related” to a legitimate government interest. This hierarchy protects core freedoms by making it exceedingly difficult for the government to infringe upon them without strong justification.

Hierarchy and the Role of the People

At the top of the Constitutional hierarchy is the sovereignty of the people. In America, ultimate authority rests with “We the People,” a phrase that opens the Constitution. The Founders placed immense importance on the consent of the governed, underscoring that the government’s power is limited and derived from the people’s will.

This concept, sometimes referred to as “popular sovereignty,” implies that individuals should not only understand their rights but also actively defend them. In fact, the Constitution includes mechanisms for amendment, allowing the people to adapt or add to the nation’s laws over time. However, amending the Constitution is intentionally difficult, requiring broad consensus to ensure that changes reflect the will of the people and do not arbitrarily alter fundamental rights.

Protecting the Hierarchy of Rights in Modern America

In contemporary America, maintaining the hierarchy of Constitutional rights is as crucial as ever. Erosion of any level in this hierarchy threatens the whole structure. Key areas of concern include:

• Government Overreach: Intrusions into privacy, freedom of speech, and religious liberties often prompt significant debate, as they bring into question the government’s limitations.
• Judicial Activism vs. Originalism: How judges interpret the Constitution greatly impacts the hierarchy of rights. Some advocate for “originalism,” interpreting the Constitution as it was understood at the time of its writing, while others favor a more “living” interpretation that adapts to modern issues. The former tends to uphold the Founders’ original intent and the established hierarchy, while the latter may shift interpretations based on contemporary values.
• Political Polarization: Increasing political divides can sometimes blur the understanding of fundamental rights, as partisanship can influence interpretations of the Constitution. Defending individual rights requires that we view these rights as nonpartisan, protecting them against any governmental or political encroachment.

Conclusion

The Constitutional hierarchy of rights reflects a careful structure, where individual liberties and states’ rights serve as checks on government power. At the heart of this hierarchy is the belief that certain rights — life, liberty, and the pursuit of happiness — are God-given and inalienable, and that government’s role is to protect, not to grant or restrict, these rights. Today, it is incumbent on each citizen to remain vigilant, informed, and engaged, ensuring that this hierarchy remains intact and that the fundamental rights enshrined in the Constitution continue to safeguard our freedoms for generations to come.