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Constitution 101: My List of Fundamental Rights

Published in Blog on February 18, 2025 by Patrick Bohan

The below list of rights is my opinion of which rights should garner constitutional protection. Furthermore, I provide historical documents, cases, and biblical references that supports their selection to the list of rights. One final note, the list of rights, documents, cases, and biblical references is not necessarily comprehensive. 


To Free Speech
The Bill of Rights (First Amendment)
Romans 14:1, Deuteronomy 1:16–17, Matthew 12:36, 1 Corinthians 10:29, and Acts 18:9–10

 
To Religious Liberty or Liberty of Conscious Thought
The Bill of Rights (First Amendment), Meyer v. Nebraska, Allgeyer v. Louisiana, and The Northwest Ordinance of 1787
Galatians 5:1 and 3:27–29, 2 Timothy 3:12, 1 Peter 2:16, John 1:12–13, Acts 5:29, Joshua 24:15, Exodus 20:2–22:20, 1 Corinthians 1:22–23, Matthew 7:15–16, and Revelation 3:20 


To Self-Defense and Self-Preservation
The Bill of Rights (Second Amendment)
Exodus 22:2 and Luke 11:21


To Justice or Due Process of the Law (Includes many of the procedural clauses in the first eight amendments such as protections from illegal searches and seizures, the right to a trial by jury, the ability to confront witnesses, protection from self-incrimination, protection from having to quarter troops, double jeopardy protection, the right to have a speedy trial, protection from cruel and unjust punishment, and a right to an impartial trial to name a few.)
The Constitution, The Bill of Rights, Corfield v. Coryell, The Northwest Ordinance of 1787, and The Civil Rights Act of 1866
Numbers 35:24 – 25, Luke 7:1–10, Mark 10:35–45, 1 Corinthians 16:13–14, Galatians 6:9–10, Exodus 21:24, Acts 25, Ezekiel 18:20, Proverbs 3:21–27, 18:17, and 19:20, Deuteronomy 16:18–20, Romans 7:14 and 3:28, Ecclesiastes 8:11, Matthew 26:63, and Psalm 37:23–29 


To Contract
Article I Section 10 of the Constitution, Meyer v. Nebraska, Allgeyer v. Louisiana, The Northwest Ordinance of 1787, The Civil Rights Act 1866, and Pierce v. Society of Sisters
Matthew 21:33–46, Leviticus 19:35 and 25:16–34, Numbers 30:1–16, Proverbs 20:10, 20:23, and 22:26–27, and Ezekiel 18:6


To Property
The Bill of Rights (Third, Fourth, and Fifth Amendments), Corfield v. Coryell, The Northwest Ordinance of 1787, and The Civil Rights Act of 1866
Genesis 1:26–28, Exodus 20:15–17 and 21:29, Leviticus 25:10, Jeremiah 29:5, and Deuteronomy 19:14


To Vote
The Fifteenth, Nineteenth, and Twenty-Sixth Amendments of the Constitution
Exodus 18:21 and Deuteronomy 1:13


To Sit on a Jury
Civil Rights Act of 1957, Strauder v. West Virginia, ex-Parte Virginia, and Virginia v. Rives
Numbers 35:24–25 


To Work a Lawful Profession (Including the political right to hold a public office)
Article 1 Section 2 Clause 2, Article 1 Section 3 Clause 3, and Article II Section 1 Clause 5 of the Constitution, Meyer v. Nebraska, Allgeyer v. Louisiana, and Corfield v. Coryell
Ecclesiastes 3:12–13 and 5:18, Colossians 3:23, Ephesians 4:28, 2 Thessalonians 3:10, Galatians 6:4–5, Proverbs 12:11 and 12:24, and 1 Timothy 5:8


To Make Choices that do not Harm other Citizens
There are many Supreme Court decisions that protect even controversial or questionable choices people make. For instance, Texas v. Johnson defends the choice of protestors to burn the American flag. Choices can be controversial so long as they do not harm another citizen.
Revelation 3:20, Galatians 5:1 and 5:16–17, James 1:13–14, Genesis 2:17, Proverbs 22:6, 2 Corinthians 5:10, and 1 Peter 4:17


To Pursue Health
Gonzales v. Raich (Incorrectly decided in my opinion)
1 Corinthians 6:19–20, Matthew 9:12, 1 Timothy 4:8, and Proverbs 14:30 


To Pursue Lawful Recreational Activities
There are hundreds of Supreme Court decisions protecting lawful activities that people can pursue. For instance, in Herrera v. Wyoming, the Supreme Court allowed Native Americans to hunt on Indian Reservations without a license. 
Ecclesiastes 11:9, 3:12–13, and 8:15


To Travel
Corfield v. Coryell, Shapiro v. Thompson, and The Civil Rights Act of 1866
Proverbs 2:7–8 and 3:21–24, Psalm 32:7–8 and 23:3–4, 2 Corinthians 8:16–19, Jonah 3:4, Numbers 10:33, and Genesis 29:1–4


To Safety and Protection
Corfield v. Coryell and the entire Constitution
2 Timothy 4:18, Proverbs 18:10, 2:7–10, and 14:26, Psalm 4:8, 3:4–6, and 32:7–8, Isaiah 49:25, Genesis 28:15, Leviticus 25:18, 2 Samuel 22:31, Deuteronomy 31:8, and Ephesians 6:11–13 


To Marriage
Meyer v. Nebraska, Loving v. Virginia, Turner v. Safley, Zablocki v. Redhail, and Pierce v. Society of Sisters
Genesis 2:18–25 and 1:28, Ephesians 5:25 and 5:33, Colossians 3:19, and Proverbs 12:4


To Obtain Knowledge
Meyer v. Nebraska, The Northwest Ordinance of 1787, and Pierce v. Society of Sisters
Proverbs 2:6, 9:10, 1:7, 18:15, 11:2, 18:2, 15:33, 17:24, 14:29, 19:20, and 24:3, Isaiah 11:2, and Job 12:12 


To Family Rights
Meyer v. Nebraska, Pierce v. Society of Sisters, Troxel v. Granville, and Griswold v. Connecticut
Psalm 127:3–5 and 133:1, Exodus 20:12, Acts 16:31–34, Colossians 3:13 and 3:20, 1 Timothy 3–5, Ephesians 6:1–2 and 6:4, Genesis 18:19, Proverbs 22:6, 6:20, 15:20, and 1:8, and Matthew 15:4


To Equality
Corfield v. Coryell, Prout v. Starr, The Northwest Ordinance of 1787, Fourteenth Amendment, and The Civil Rights Act of 1866
Numbers 12:1–15 and 16:1–35, Galatians 5:13–15 and 19–21, Acts 10:34, Romans 2–11, James 3:13–18, Matthew 21:33–46, James 2:9, Exodus 23:3, 23:6, and 23:9, Leviticus 19:14-15 and 19:33–34, 1 Samuel 16:7, Deuteronomy 1:16–17, Proverbs 17:5, 22:2, 28:3, 31:10–31, 24:23, 28:21, 29:7, and 29:13, and Ezekiel 18:8


To Profit
Corfield v. Coryell, Calder v. Bull, and Loan Association v. Topeka
Proverbs 14:23, 21:5, and 13:11, Luke 19, Deuteronomy 14:22, Acts 20:35, Isaiah 48:17, and Colossians 3:23


To Representation in Government
Article I Section 2 of the Constitution and The Northwest Ordinance of 1787
Exodus 18:21, Deuteronomy 1:13, 1 Samuel 8, and Ecclesiastes 4:9–10


To Private Actions that do not Harm another Citizen
Griswold v. Connecticut
Luke 12:2–3, Hebrews 4:12–13, 1 Timothy 5:13, Proverbs 20:19 and 25:9–10, Matthew 6:6, and Psalm 64:2–3 


To the Antiwelfare Right or the Right to a Non-Discriminatory Tax System
Calder v. Bull, Loan Association v. Topeka, Article I Section 8 Clause 1 of the Constitution, and The Takings Clause of the Fifth Amendment
Exodus 23:3–6, Leviticus 19:15, Proverbs 29:14, Galatians 3:28, and Deuteronomy 15:11


Right to Friendships or Associations
Bill of Rights (First Amendment), DeJong v. Oregon, Bates v. Little Rock, and Americans for Prosperity v. Bonta
Proverbs 27:6–17, 18:24, 16:29, 17:9, 17:17, 22:24–25, 13:20, and 12:26, 1 Corinthians 15:33, Ecclesiastes 4:9–10, Job 6:14, Psalm 133:1, Romans 12:10, John 15:13, and Luke 6:31


To Life
The Declaration of Independence
Genesis 1:28, John 3:16, and Psalm 139:13–16 


To Liberty
The Declaration of Independence
Genesis 1:28, Galatians 5:1–2, 2 Corinthians 3:17, Psalm 119:45, and Leviticus 25:10


To Pursue Happiness
The Declaration of Independence
Ecclesiastes 11:9 and 3:12–13


To a Writ of Habeas Corpus (Part of the Right to Justice –    This is a judicial term used to describe whether a person’s arrest and detention is warranted.)
Article 1 Section 9 Clause 2 of the Constitution

Lots of caselaw highlighted below:

https://www.law.cornell.edu/constitution-conan/article-1/section-9/clause-2/writ-of-habeas-corpus-and-the-suspension-clause
Deuteronomy 19:16–18, Acts 22 – 24, Jesus was a perfect example of a person falsely accused and denied a writ of habeas corpus.


From Ex Post Facto Laws (Part of the Right to Justice – A retroactive law that criminalizes behavior before it was a crime.)
Article 1, Section 9, Clause 3 of the Constitution

Lots of caselaw highlighted below:

https://www.law.cornell.edu/constitution-conan/article-1/section-9/clause-3/ex-post-facto-prohibition-and-judicial-decisions
Jesus was a perfect example of a person who was convicted using an ex post facto law. Jesus never violated any commandments or the moral code in the Bible. Instead, the pharisees accused Him of breaking their version of the commandments and moral code.


From Bills of Attainder (Part of the Right to Justice – Prevents Congress from declaring an individual or group of people are guilty of a crime without a trial.)
Article 1 Section 9 Clause 3 of the Constitution

Lots of caselaw highlighted below:

https://www.law.cornell.edu/constitution-conan/article-1/section-9/clause-3/bills-of-attainder-doctrine
Ezekiel 18:20


Patrick Bohan is not a historian or lawyer, just a patriot who has independently studied these subjects. 

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