Which statement correctly differentiates constitutional rights from statutory rights?

Which statement correctly differentiates constitutional rights from statutory rights?

• A. Constitutional rights are created by the Constitution or amendments; statutory rights are created by statutes.
• B. Constitutional rights are created by statutes; statutory rights are created by the Constitution.
• C. Constitutional rights are the same as statutory rights.
• D. Constitutional rights are not rights.

Answer: (A)

Constitutional rights originate in the Constitution and its amendments, providing fundamental protections against government action. Statutory rights come from statutes enacted by the legislature and can be created, altered, or repealed by future laws. This distinction matters because the Constitution sets broad, enduring guarantees that apply across many situations, while statutory rights are more specific and can be changed by legislation, though they can still be enforced through courts. For example, freedom of speech is a constitutional right, while a state law granting a particular consumer protection is a statutory right. Therefore, the correct statement is that constitutional rights are created by the Constitution or amendments, while statutory rights are created by statutes. The other options mix up the sources, claim they’re the same, or deny that constitutional rights exist.

Constitutional rights originate in the Constitution and its amendments, providing fundamental protections against government action. Statutory rights come from statutes enacted by the legislature and can be created, altered, or repealed by future laws. This distinction matters because the Constitution sets broad, enduring guarantees that apply across many situations, while statutory rights are more specific and can be changed by legislation, though they can still be enforced through courts. For example, freedom of speech is a constitutional right, while a state law granting a particular consumer protection is a statutory right. Therefore, the correct statement is that constitutional rights are created by the Constitution or amendments, while statutory rights are created by statutes. The other options mix up the sources, claim they’re the same, or deny that constitutional rights exist.