Simone Lawson
Liberty is mentioned in the Fifth Amendment of the United States Constitution, which states that no person shall be deprived of life, liberty, or property, without due process of law. The Fourteenth Amendment also mentions liberty, stating that it includes the right to be free from bodily restraint and the freedom to work and live where one chooses. The Supreme Court has also weighed in on the meaning of liberty, stating that it includes freedom from bodily restraint and punishment, as well as the right to be free from and obtain judicial relief for unjustified intrusions on personal security. While the right to privacy is not explicitly mentioned in the Constitution, it has been used as a justification for decisions involving civil liberties cases. Civil liberties are defined as individual legal and constitutional protections from entities more powerful than an individual, such as the government or corporations.
| Characteristics | Values |
|---|---|
| Liberty mentioned in the Fifth Amendment | No person shall be deprived of life, liberty, or property, without due process of law |
| Liberty mentioned in the Fourteenth Amendment | The right of the citizen to be free from the mere physical restraint of his person |
| Liberty of Contract | The right to make contracts for the acquisition of property |
| Liberty in relation to self-defense laws | Stand-your-ground laws have been adopted in many states, eliminating the requirement to retreat before using force in self-defense |
| Liberty in relation to privacy | The right to privacy has been used as justification in civil liberties cases, but is not explicitly mentioned in the Constitution |
| Liberty in relation to voting rights | The right to vote is a fundamental right under the Constitution |
| Liberty in relation to free speech | Free speech is a fundamental right under the Constitution |
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What You'll Learn
Liberty and freedom from bodily restraint
The term "liberty" is mentioned in the due process clauses of the Fifth and Fourteenth Amendments of the US Constitution. Liberty, in the context of the Constitution, means freedom from arbitrary and unreasonable restraint upon an individual. This freedom from restraint refers not only to physical freedom but also to the freedom to act according to one's own will.
The Supreme Court has addressed the meaning of liberty and has provided clarity on what it encompasses. In the case of Bolling v. Sharpe, the Court stated that liberty "is not confined to mere freedom from bodily restraint". Instead, it extends to the full range of conduct that an individual is free to pursue, and it cannot be restricted without a valid governmental reason.
In Ingraham v. Wright, the Supreme Court affirmed that liberty includes "freedom from bodily restraint and punishment". Additionally, the Court recognised the right to be free from and to obtain judicial relief for unjustified intrusions on personal security. This includes freedom from arbitrary governmental actions that infringe on an individual's liberty.
Freedom from bodily restraint is particularly significant because incarceration or physical confinement can result in the violation of other basic rights. This principle was recognised in Hamdi v. when the Supreme Court acknowledged that the Due Process Clause bars certain arbitrary and wrongful government actions, regardless of the procedures used.
While liberty encompasses freedom from bodily restraint, it also includes more than just physical freedom. As per the Supreme Court in Meyer v. Nebraska, liberty denotes "not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognised... as essential to the orderly pursuit of happiness by free men."
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Liberty and freedom of speech
The concept of liberty is deeply rooted in the US Constitution, and while the word "liberty" itself may not appear frequently in the document, its principles are inherent in many of the rights and protections guaranteed by the Constitution. One of the most fundamental aspects of liberty is freedom of speech, which is protected by the First Amendment.
The First Amendment states that "Congress shall make no law...abridging freedom of speech." This protection extends to both direct and symbolic speech, including words, actions, and even silence, as in the case of West Virginia Board of Education v. Barnette, where students refused to salute the flag. The Supreme Court has also recognised that freedom of speech includes the right to not speak, such as in the case of students wearing black armbands to school to protest a war in Tinker v. Des Moines.
Freedom of speech is broadly interpreted and includes the right to articulate opinions and ideas without interference, retaliation, or punishment from the government. This protection extends even to speech that may be considered offensive, immoral, or hateful, as the government's role is to encourage robust debate and protect individuals' freedom to express themselves, even when others may find it disagreeable. However, there are limits to this freedom, and speech that incites violence or breaks the law, such as in Brandenburg v. Ohio, is not protected.
The Due Process Clause of the Fifth Amendment, applicable to the states via the Fourteenth Amendment, also plays a crucial role in protecting liberty. This clause ensures that no person shall be deprived of life, liberty, or property without due process of law. Deprivation of liberty, as defined by the Supreme Court, includes two key elements: firstly, the denial of a freedom granted by the Constitution or other laws, and secondly, the loss of freedom of action, which must be significant in nature.
In understanding liberty, it is important to recognise that it encompasses more than just freedom from physical restraints, such as imprisonment. Liberty, as defined by the Supreme Court in Bolling v. Sharpe, extends to the full range of conduct that an individual is free to pursue. This includes the right to enter into contracts, gainful employment, and the exercise of fundamental rights, such as free speech and the right to vote.
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Liberty and the right to privacy
The concept of liberty is deeply rooted in the US Constitution, guaranteeing individuals the freedom to exercise their fundamental rights without interference. The Constitution ensures that people are not deprived of their liberty, life, or property without due process of law. This due process clause, found in the Fifth Amendment and applied to the states through the Fourteenth Amendment, safeguards individuals' liberties.
While the word "liberty" itself may not appear frequently in the Constitution, the principles it embodies are woven throughout the founding document. Liberty, as defined by the Supreme Court, extends beyond mere freedom from physical restraint. It encompasses the full range of conduct that individuals are free to pursue, including the right to enter into contracts, gainful employment, free speech, and the right to vote. These liberties are fundamental to the American way of life and are protected by the Constitution.
The right to privacy, while not explicitly stated in the Constitution, has been derived from various amendments and court interpretations. The Supreme Court first recognized the "right to privacy" in Griswold v. Connecticut (1965), where the Court found that the Constitution creates a "`zone of privacy`" through the combined interpretation of the First, Third, Fourth, Fifth, and Ninth Amendments. This right to privacy was further extended in subsequent cases, such as Roe v. Wade, which protected an individual's right to abortion under the Fourteenth Amendment's concept of personal liberty.
The Fourteenth Amendment has played a significant role in expanding the right to privacy. In Lawrence, the Supreme Court used this amendment to protect the privacy rights of same-sex couples, stating that they are entitled to respect for their private lives and freedom from government intervention in their sexual conduct. This demonstrates how the right to privacy safeguards individuals from government intrusion in their personal and intimate decisions.
Additionally, government bodies like the Department of the Interior (DOI) are committed to protecting the privacy and civil liberties of Americans. The DOI has implemented policies and procedures to ensure compliance with laws such as the Intelligence Reform and Terrorism Prevention Act of 2004, the Privacy Act of 1974, and the E-Government Act of 2002. These efforts aim to strike a balance between information sharing and protecting individuals' right to privacy.
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Liberty and the right to vote
Liberty is mentioned in the United States Constitution in the Fifth Amendment, which states that no person shall be "deprived of life, liberty, or property, without due process of law". The concept of liberty is also addressed in the Supreme Court cases of Bolling v. Sharpe and Ingraham v. Wright. Liberty is defined as freedom, encompassing the ability to exercise freedoms, take actions, and think in a certain way without external influence or force.
Now, regarding the right to vote, while the US Constitution does not explicitly mention it, it does empower Congress and the federal government to determine the "Times, Places, and Manner" of congressional elections through the Elections Clause. The Constitution also outlines that if a state permits a person to vote for the "most numerous branch" of its state legislature, that person must also be allowed to vote in elections for members of the US House of Representatives.
The right to vote has been a contentious issue in the US, with a series of constitutional amendments added over time to protect and expand voting rights. The 14th Amendment, for instance, grants citizenship and voting rights to all natural-born or naturalized Americans, regardless of race. The 15th Amendment explicitly prohibits restricting voting rights based on race, and the 19th Amendment extends voting rights to women. The 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections.
Despite these protections, voting rights continue to be litigated in courtrooms across the country. While the federal government has the power to protect voting rights, it often lacks the tools to do so effectively. As a result, states have taken their own initiatives, such as removing barriers to voter registration and making the voting process more accessible. Federal laws like the Civil Rights Acts, the Voting Rights Act of 1965, and the National Voter Registration Act (NVRA) of 1993 have also played a crucial role in safeguarding voting rights and making it easier for citizens to exercise their right to vote.
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Liberty and freedom of contract
The concept of liberty is a fundamental aspect of the US Constitution, guaranteeing individuals the freedom to exercise their rights and make choices without interference. The Fifth Amendment's Due Process Clause, which applies to states through the Fourteenth Amendment, ensures that no person shall be deprived of life, liberty, or property without due process of law. This liberty encompasses freedom from bodily restraint, such as imprisonment, but also includes the freedom to pursue a livelihood, enter into contracts, and express oneself through speech and voting.
The liberty to enter into contracts, or "freedom of contract," is a significant aspect of economic liberty and personal freedom. It refers to the principle that individuals and groups should be free to form contracts without government restrictions, such as minimum-wage laws or regulations on price fixing. This concept, a cornerstone of free-market libertarianism, assumes that individuals are free and equal, making decisions independently to pursue their interests.
The "age of Freedom of Contract," as described by English law professor Patrick Atiyah, spanned from 1770 to 1870. During this period, the idea of consent in contracts gained prominence, marking a shift from social status-based roles to contractual freedom. The right to make and enforce contracts is legally recognized in Title 42 of the US Code, encompassing the creation, performance, modification, and termination of contractual relationships.
However, the Supreme Court's interpretation and application of the liberty of contract doctrine have evolved over time. Initially, the Court upheld reformist legislation within the states' police power, acknowledging that liberty can be infringed upon by private individuals' coercive conduct. In cases like Muller v. Oregon and Bunting v. Oregon, the Court supported laws limiting working hours. Yet, in Adkins v. Children's Hospital (1923), it invalidated legislation establishing a minimum wage for women and children, citing arbitrary interference with freedom of contract.
In the late 19th century, the English judiciary embraced "freedom of contract" as a fundamental public policy principle. However, by the later 20th century, this view had shifted. For example, in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd, Lord Denning compared "freedom of contract" with the oppression of the weak, highlighting the potential for power imbalances in contractual relationships.
In conclusion, the concept of liberty, including the freedom of contract, is a dynamic and complex aspect of the US Constitution. While it guarantees individuals the right to enter into contracts and pursue their interests, it also invites scrutiny and debate over the role of government intervention, the protection of labour rights, and the mitigation of potential coercion or oppression within contractual relationships.
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Frequently asked questions
The word "liberty" is mentioned in the Fifth Amendment and the Fourteenth Amendment of the US Constitution.
Liberty is an essential right that a person has. It includes the freedom to take action, think a certain way, or exercise fundamental rights such as free speech and the right to vote.
The Due Process Clause of the Fifth Amendment states that no person shall be deprived of life, liberty, or property without due process of law. This includes both substantive and procedural due process, with the latter applying to the procedures required to deprive a person of their life, liberty, or property.
Civil liberties in the United States include freedom of speech, the right to bear arms, the right to privacy, and the right to parent one's own children.
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