Which of the following best defines 'fundamental rights'?

The definition of 'fundamental rights' is rooted in the concept of rights that hold a special significance in American law due to their essential nature in promoting the values of liberty and justice. These rights, defined as being 'deeply rooted in the nation's history and tradition,' include fundamental liberties like the right to free speech, the right to privacy, and the right to due process. The U.S. Supreme Court has often referred to this idea when assessing whether certain rights can be protected under the Due Process Clause of the Fourteenth Amendment.

This understanding is crucial because it establishes a benchmark for evaluating cases involving civil liberties and ensures that rights deemed fundamental receive heightened protection against government infringement. For instance, the recognition of the right to marry or the right to access contraception stems from their deep historical and cultural significance in American society, demonstrating how such rights are viewed as essential to personal autonomy and dignity.

The other options do not encapsulate the full essence of 'fundamental rights' as defined in legal contexts, focusing instead on either ancillary rights or rights determined by state law, none of which carry the same historical weight or judicial recognition as fundamental rights.