I'm not sure I understand your question. The right is not absolute as it currently exists. For example, state laws prohibiting convicted felons from possessing firearms. That restriction has passed the strict scrutiny standard at the federal level. If a right is not an established fundament right, a rational basis standard is applied, which does not carry a presumption of unconstitutionality and is a very low hurdle for the state to meet.
Maybe this is the better question. Legally speaking, what is the difference in a right and a fundamental right?
And just exactly what does rational basis standard mean?
All these legal terms written in seem to play a large role but us common folk don't know what they mean
