
The Constitution protects free enterprise by setting up a system of laws that secure individual liberty and freedom of choice. The Founding Fathers understood that the realisation of one's dreams and aspirations was tied to the freedom to engage in commerce and create wealth. The Constitution protects private property rights, upholds the rule of law, and maintains a level playing field. It also encourages initiative and inventiveness through copyright and patent protection laws, and enforces free trade.
| Characteristics | Values |
|---|---|
| Protecting private property rights | Protecting vested property rights |
| Promoting free enterprise | Unleashing the entrepreneurial spirit of the American people |
| Encouraging initiative and inventiveness | Fostering unprecedented prosperity and liberty |
| Providing a system of sound currency | Providing a system of sound currency with an established value (gold and silver coin) |
| Enforcing free trade | Enforcing free trade (free from interfering special interests) |
| Protecting individuals from the harmful acts of others | Protecting individuals from the harmful acts of others |
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What You'll Learn

Protecting private property rights
The Constitution does not explicitly mention freedom of enterprise, but it does set up a system of laws to secure individual liberty and freedom of choice.
The Constitution protects free enterprise by protecting vested property rights, contracts, corporate charters, and private transactions from government interference.
The Founding Fathers understood that the realisation of one's dreams and aspirations was tied to the freedom to engage in commerce and create wealth. Protecting private property rights and promoting free enterprise will enable the preservation of individual liberty, spur economic growth, and maintain America's position as a bastion of invention.
The government's role should be to provide a stable, predictable legal framework that protects property rights, upholds the rule of law, and maintains a level playing field. The economic system envisioned by the Founders and encouraged by the Constitution allowed individual enterprise to flourish and triggered the greatest explosion of economic progress in history.
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Upholding the rule of law
The Constitution upholds the rule of law by providing a stable, predictable legal framework that protects property rights, maintains a level playing field, and encourages free trade.
The Founding Fathers understood that the realisation of one's dreams and aspirations was tied to the freedom to engage in commerce and create wealth. They recognised that individuals, not the government, are best suited to determine their needs and aspirations.
The Constitution, therefore, grants the government limited powers to assure that the ground rules are fair, such as a fixed standard of weights and measures, and to encourage initiative and inventiveness through copyright and patent protection laws.
The Constitution also provides for a system of sound currency with an established value (gold and silver coin) and protects individuals from the harmful acts of others.
The Supreme Court decision in Fletcher, along with its derivative Dartmouth College, guaranteed free enterprise by protecting vested property rights, contracts, corporate charters, and private transactions from government interference. The Marshall Court’s later decision in Gibbons v. Ogden (1824) assured the national government’s supremacy in regulating interstate commerce, barred states from inhibiting the stream of commerce across borders within the union, and favoured competition over state monopolies.
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Maintaining a level playing field
The Constitution does not explicitly mention freedom of enterprise, but it does set up a system of laws to secure individual liberty and freedom of choice. The Founding Fathers understood that the realisation of one's dreams and aspirations was tied to the freedom to engage in commerce and create wealth.
The Constitution protects free enterprise by safeguarding vested property rights, contracts, corporate charters, and private transactions from government interference. The Marshall Court's decision in Gibbons v. Ogden (1824) assured the national government's supremacy in regulating interstate commerce, preventing states from inhibiting the flow of commerce across borders within the union, and favouring competition over state monopolies.
The government's role is to provide a stable and predictable legal framework that protects property rights, upholds the rule of law, and maintains a level playing field. This includes assuring that the ground rules are fair, such as a fixed standard of weights and measures, and providing a system of sound currency with an established value, such as gold and silver coins.
By unleashing the entrepreneurial spirit of the American people, free enterprise facilitates the pursuit of happiness on an unprecedented scale. It is rooted in the belief that individuals, not the government, are best suited to determine their needs and aspirations. This belief in individual freedom and economic principles has enabled the creation of a system that has fostered unprecedented prosperity and liberty.
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Protecting vested property rights, contracts, corporate charters, and private transactions from government interference
The Constitution does not explicitly restrict the government from regulating or participating in the national economy. However, it does protect vested property rights, contracts, corporate charters, and private transactions from government interference.
The Supreme Court decision in Fletcher, along with its derivative Dartmouth College, guaranteed free enterprise by protecting these rights. The Marshall Court’s later decision in Gibbons v. Ogden (1824) assured the national government’s supremacy in regulating interstate commerce, barred states from inhibiting the stream of commerce across borders within the union, and favored competition over state monopolies.
The Constitution's protection of private property rights and individual free enterprise is a testament to the profound wisdom of the Founding Fathers. Their understanding of human nature, individual freedom, and economic principles enabled them to construct a system that has fostered unprecedented prosperity and liberty.
The government’s role should be to provide a stable, predictable legal framework that protects property rights, upholds the rule of law, and maintains a level playing field. The concept of individual free enterprise, which underpins the American economic system, complements the right to pursue happiness perfectly. By unleashing the entrepreneurial spirit of the American people, it facilitates the pursuit of happiness on an unprecedented scale.
Through the Constitution, the Founding Fathers granted their government some very limited powers to assure that the ground rules were fair, encourage initiative and inventiveness, provide a system of sound currency with an established value, enforce free trade, and protect individuals from the harmful acts of others.
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Encouraging initiative and inventiveness
The Constitution protects free enterprise by encouraging initiative and inventiveness. The Founding Fathers understood that the realisation of one's dreams and aspirations was tied to the freedom to engage in commerce and create wealth.
The Constitution grants the government limited powers to assure that the ground rules are fair, and to encourage initiative and inventiveness through copyright and patent protection laws. This allows individuals to protect their intellectual property and inventions, providing an incentive to create and innovate.
The Constitution also provides for a system of sound currency with an established value, such as gold and silver coin. This promotes stability and predictability in the economy, creating an environment conducive to initiative and inventiveness.
Additionally, the Constitution ensures the enforcement of free trade, free from interfering special interests. This enables individuals and businesses to engage in commerce without undue interference, fostering competition and promoting innovation.
The protection of private property rights is another key aspect of the Constitution's encouragement of initiative and inventiveness. By safeguarding individuals' and businesses' property rights, the Constitution provides a stable foundation for economic activity and encourages investment and risk-taking.
Overall, the Constitution's protection of free enterprise through these measures helps to create an environment that fosters initiative and inventiveness, enabling individuals and businesses to pursue their aspirations and drive economic progress.
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Frequently asked questions
The Constitution protects free enterprise by protecting private property rights, upholding the rule of law, and maintaining a level playing field.
Free enterprise allows individuals to determine their needs and aspirations, promoting economic growth and maintaining America's position as a leader in invention.
The government's role is to provide a stable and predictable legal framework that protects property rights and maintains a level playing field.
The government is not explicitly restricted from regulating or participating in the national economy by the Constitution. However, the Supreme Court has ruled in favour of free enterprise by protecting vested property rights, contracts, corporate charters, and private transactions from government interference.

























