Isabella Carter
The phrase life, liberty, and the pursuit of happiness is well-known for its inclusion in the Declaration of Independence, but it is not mentioned in the US Constitution. Despite this, the pursuit of happiness has played a significant role in American legal history and has been written into various state and national constitutions. The phrase has also been cited in landmark Supreme Court decisions on marriage and abortion rights. The inclusion of the phrase in the Declaration of Independence has inspired similar language in the constitutions of other countries, such as Japan, South Korea, and Vietnam. The meaning of the pursuit of happiness has been debated, with some arguing that it refers to seeking happiness and others claiming it refers to actually experiencing or practicing happiness.
| Characteristics | Values |
|---|---|
| The constitution mentions the pursuit of happiness | False |
| The Declaration of Independence mentions the pursuit of happiness | True |
| The phrase "life, liberty, and the pursuit of happiness" is present in the constitutions of some states | True |
| The phrase "life, liberty, and the pursuit of happiness" has been cited in landmark Supreme Court decisions on marriage | True |
| The phrase "life, liberty, and the pursuit of happiness" is similar to a line in the Canadian Charter of Rights | True |
| The phrase "life, liberty, and the pursuit of happiness" is present in the constitutions of other countries | True |
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What You'll Learn
- The pursuit of happiness is mentioned in the Declaration of Independence, not the US Constitution
- The pursuit of happiness is mentioned in the constitutions of some US states
- The pursuit of happiness has been cited in landmark Supreme Court decisions on marriage
- The pursuit of happiness is also mentioned in the constitutions of other countries
- The pursuit of happiness is linked to Lockean Guarantees, which are judicially enforceable
The pursuit of happiness is mentioned in the Declaration of Independence, not the US Constitution
The phrase "life, liberty and the pursuit of happiness" is one of the most famous lines from the Declaration of Independence. It is widely considered to be a foundational principle of the United States, outlining the unalienable rights of its citizens. However, the phrase is notably absent from the US Constitution, the country's highest law.
The Declaration of Independence, written in 1776, proclaims that "all men are created equal" and endowed with certain inherent rights, including life, liberty, and the pursuit of happiness. This phrase has been the subject of much interpretation and debate, with scholars attributing its origins to the philosophical works of John Locke or Jean-Jacques Rousseau. Despite its inclusion in the Declaration, the phrase "pursuit of happiness" is not legally binding as the Declaration itself is not a part of the US legal system.
The US Constitution, on the other hand, is the supreme law of the land and outlines the structure and powers of the government. While it explicitly protects the rights to life and liberty, it does not mention the pursuit of happiness. This omission is noteworthy given the significance the concept holds in American legal history and consciousness.
Despite not being mentioned in the Constitution, the pursuit of happiness has been cited in several landmark decisions of the US Supreme Court, particularly regarding marriage. For example, in Loving v. Virginia, the Court struck down a Virginia statute prohibiting interracial marriages, citing the right to freedom of marriage as "essential to the orderly pursuit of happiness by free men." This precedent was later invoked in Obergefell v. Hodges, where the Court ruled that bans on same-sex marriage were unconstitutional.
In addition to its influence on jurisprudence, the pursuit of happiness has also been enshrined in various state constitutions, such as those of Virginia, Massachusetts, and Wisconsin. These state constitutions explicitly recognise the rights of their citizens to "pursue and obtain happiness." Thus, while the US Constitution does not mention the pursuit of happiness, it has nonetheless played a significant role in shaping American law and society.
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The pursuit of happiness is mentioned in the constitutions of some US states
The phrase "life, liberty, and the pursuit of happiness" is famously associated with the US Declaration of Independence, which states that all men are created equal and endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness. However, this phrase is notably absent from the US Constitution, the country's highest law.
While the US Constitution does not explicitly mention the pursuit of happiness, this concept has been written into the constitutions of several US states. For example, the Virginia Declaration of Rights, adopted by the Virginia Convention of Delegates in 1776, includes a guarantee of the inherent right to "the enjoyment of life and liberty... and pursuing and obtaining happiness and safety." Similarly, the Commonwealth of Massachusetts included the term happiness in its state constitution, protecting the unalienable rights of its citizens in "seeking and obtaining their happiness and safety." Wisconsin's constitution, adopted in 1848, also assures its people of their inherent rights to "life, liberty, and the pursuit of happiness."
The inclusion of the pursuit of happiness in state constitutions demonstrates its importance in American legal history and consciousness. It reflects the belief that individuals should have the freedom to pursue happiness and that governments are instituted to secure these rights. This concept has even been cited in landmark decisions of the US Supreme Court, such as those pertaining to marriage and abortion rights.
It is worth noting that the interpretation of "the pursuit of happiness" has evolved over time. While it may be commonly understood today as seeking or chasing happiness, scholars suggest that the founders intended it to mean actually obtaining and experiencing happiness. This "'thick' understanding of happiness" may be more in line with the founders' vision and could provide a better guide for individuals and nations.
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The pursuit of happiness has been cited in landmark Supreme Court decisions on marriage
The phrase "life, liberty, and the pursuit of happiness" is famously associated with the United States Declaration of Independence, which states that people "are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." While the Declaration of Independence recognises these rights, the US Constitution explicitly protects life and liberty, but does not mention happiness.
Despite this omission, the pursuit of happiness has been cited in landmark Supreme Court decisions on marriage. The right to pursue happiness has been central to two landmark decisions defining the constitutionality of marriage: Meyer v. State of Nebraska and Loving v. Virginia.
In Meyer v. State of Nebraska, Justice McReynolds found that the Fourteenth Amendment's due process clause protects not only one's freedom from restraint but also one's freedom to engage in contracts, hold an occupation, learn and gain knowledge, marry and raise children, and demonstrate faith and participate in religion. He concluded that these freedoms entitled one "generally to enjoy those privileges long recognised at common law as essential to the orderly pursuit of happiness by free men."
In Loving v. Virginia, the Supreme Court ruled that a Virginia statute prohibiting interracial marriages was unconstitutional, violating the Fourteenth Amendment's equal protection clause. Chief Justice Warren echoed the Meyer precedent in his majority opinion, stating that the right to freedom of marriage was "essential to the orderly pursuit of happiness by free men."
The precedent set by Loving v. Virginia played a significant role in the Court's majority opinion in Obergefell v. Hodges, where the Court found bans on marriage for same-sex couples unconstitutional. Justice Kennedy cited the ruling in Loving v. Virginia, demonstrating that the Supreme Court recognised a constitutional protection for the right to marry.
While the US Constitution does not explicitly mention the pursuit of happiness, its role in Supreme Court decisions on marriage highlights its significance in American legal history and jurisprudence. The emergence of legal protection for considerations of happiness demonstrates the power of this right in the American consciousness.
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The pursuit of happiness is also mentioned in the constitutions of other countries
The phrase "life, liberty, and the pursuit of happiness" is famously associated with the US Declaration of Independence. However, it is not mentioned in the US Constitution, the country's highest law. Nevertheless, the pursuit of happiness has been cited in some of the US Supreme Court's landmark decisions and has played an important role in American legal history.
The pursuit of happiness is also mentioned in the constitutions of several other countries. For example, the Bulgarian Constitution of 1991 includes the well-being and fundamental rights and freedoms of Bulgarian citizens as a key objective of the country's foreign policy. The concept of "Buen Vivir" or "good living," which emphasizes the attainment of well-being through harmony between people, communities, and nature, is enshrined in the constitutions of Ecuador (2008) and Bolivia (2009).
Japan's Constitution, specifically Article 9, commonly known as the "pacifist clause," mentions the right to life, liberty, and the pursuit of happiness in the context of outlawing war and the use of force in international disputes. This clause has been reinterpreted over time to allow for self-defense measures under certain conditions, including situations that threaten the people's right to life, liberty, and happiness.
Additionally, the phrase "life, liberty, security of the person" can be found in the Canadian Charter of Rights, echoing the sentiment expressed in the US Declaration of Independence. Similarly, the 1947 Constitution of Japan, the 1987 Constitution of South Korea, and President Ho Chi Minh's 1945 Declaration of Independence of the Democratic Republic of Vietnam contain similar phrases.
At the state level within the US, Virginia, Massachusetts, and Wisconsin have included the pursuit of happiness in their constitutions, guaranteeing the inherent right to "the enjoyment of life and liberty... and pursuing and obtaining happiness and safety."
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The pursuit of happiness is linked to Lockean Guarantees, which are judicially enforceable
The phrase "life, liberty, and the pursuit of happiness" is famously associated with the US Declaration of Independence. The phrase is not present in the US Constitution, but it has nonetheless played an important role in American legal history and has been cited in some of the US Supreme Court's landmark decisions.
The pursuit of happiness is linked to Lockean Guarantees, or Lockean Natural Rights Guarantees (LNRGs), which are provisions in state constitutions that declare that people have pre-political natural rights and enumerate some of those rights, including life, liberty, property, and the pursuit of happiness. These Lockean Guarantees are named after the English philosopher John Locke, who argued that political society existed for the sake of protecting "property", which he defined as a person's "life, liberty, and estate". While Locke never associated natural rights with happiness, some scholars believe that Thomas Jefferson, the primary author of the Declaration of Independence, was influenced by Locke's ideas and replaced "estate" with "the pursuit of happiness".
Two-thirds of all state constitutions contain Lockean Guarantees, and they have been used in court to protect individual rights. There is debate about whether these guarantees are judicially enforceable like other provisions in state bills of rights, but on the whole, the drafters of Lockean Guarantees did believe them to be judicially enforceable. The history of these guarantees demonstrates that the drafters thought they were important and relevant to a multitude of issues, including the people's relationship to the state, the social contract, voting rights, women's rights, and questions of race and slavery.
The Lockean Guarantees have been interpreted by courts as bulwarks against state power restricting life, liberty, property, and the pursuit of happiness. For example, they have been used to declare slavery unconstitutional, to protect the right to earn a living, and to defend private property. The right to pursue happiness has also been central to landmark decisions defining the constitutionality of marriage, with Chief Justice Warren stating that the right of freedom of marriage was "essential to the orderly pursuit of happiness by free men".
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Frequently asked questions
No, the US Constitution does not explicitly mention the pursuit of happiness.
The phrase comes from the Declaration of Independence, which states that people are "endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
This phrase recognises the unalienable rights of individuals and has been important in legal history, influencing state and national constitutions and Supreme Court decisions.
Virginia, Massachusetts, and Wisconsin are the only three states that explicitly recognise the right to "life, liberty, and the pursuit of happiness" in their constitutions.
