Omar Bennett
The term 'liberty' appears in the due process clauses of the Fifth and Fourteenth Amendments of the Constitution. As used in the Constitution, liberty means freedom from arbitrary and unreasonable restraint upon an individual. The Ninth Amendment acknowledges the people's unenumerated rights, or rights not listed in the first eight amendments or elsewhere in the Constitution. This often leaves open as many questions as it answers. The Supreme Court has sought to explain what liberty means and what it encompasses. For example, the Supreme Court in Meyer v. Nebraska stated that 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 at common law as essential to the orderly pursuit of happiness by free men.
| Characteristics | Values |
|---|---|
| Definition | Liberty means freedom from arbitrary and unreasonable restraint upon an individual. |
| Legal basis | The term 'liberty' appears in the due process clauses of the Fifth and Fourteenth Amendments of the Constitution. |
| Personal liberty | The freedom to act and to do the legal things you want to do, such as getting a certain job, listening to music, or travelling. |
| Limitations | Personal liberty must be balanced against the rights of others. For example, you do not have the personal liberty to blast music in a public library or drink alcohol before reaching the legal age. |
| Unenumerated rights | The Ninth Amendment acknowledges the people's unenumerated rights, or rights not listed in the first eight amendments or elsewhere in the Constitution. |
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What You'll Learn
Personal liberty and democracy
The Ninth Amendment acknowledges the people's unenumerated rights, or rights not specifically listed in the first eight amendments or elsewhere in the Constitution. This broad scope leaves open many questions about which rights are protected by the Ninth Amendment. However, it is one key to the defence of personal liberty, as it ensures that where the Constitution does not specifically recognise a particular right, it is left to the people and their elected officials to determine whether that right exists.
Personal liberty is at the heart of freedom and is cherished by Americans who value their independence to make choices that affect their lives. It includes the freedom to act and to do legal things, such as getting a certain job, listening to music, or travelling to places one wants to see. However, personal liberty must be balanced against the rights of others. For example, while one has the personal liberty to listen to music, they do not have the liberty to blast music in a public library.
The Supreme Court has sought to explain and clarify what liberty means and what it encompasses. For example, in Meyer v. Nebraska, the Supreme Court stated that liberty denotes not just freedom from bodily restraint but also the right to contract, engage in common occupations, acquire useful knowledge, marry, establish a home, bring up children, worship according to one's conscience, and generally enjoy the privileges long recognised as essential to the orderly pursuit of happiness.
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The Ninth Amendment and unenumerated rights
The Ninth Amendment acknowledges the people’s unenumerated rights, or rights not listed in the first eight amendments or elsewhere in the Constitution. The Ninth Amendment states:
> The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Amendment does not specify which rights it covers, but its broad scope is key to the defence of personal liberty. It leaves open the question of whether rights not specifically recognised by the Constitution should be determined by the people and their elected officials.
Personal liberty is the freedom to act and to do the legal things you want to do, such as getting a certain job, listening to music, or travelling to places you want to see. It is the right to have some control over your own destiny. However, personal liberty must be balanced against the rights of others. For example, you do not have the personal liberty to blast music in a public library, wear revealing clothing that disturbs the school environment, or drink alcohol before you reach the legal age.
The term 'liberty' appears in the due process clauses of both the Fifth and Fourteenth Amendments of the Constitution. As used in the Constitution, liberty means freedom from arbitrary and unreasonable restraint upon an individual. This freedom from restraint refers to more than just physical restraint, but also the freedom to act according to one's own will. The Supreme Court has sought to explain what liberty means and what it encompasses. For example, in Meyer v. Nebraska, the Supreme Court stated:
> [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 recognized at common law as essential to the orderly pursuit of happiness by free men.
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The meaning of liberty
Liberty is protected by the Constitution, with the term appearing in the due process clauses of the Fifth and Fourteenth Amendments. The Ninth Amendment also acknowledges the people's unenumerated rights, or rights not listed in the first eight amendments or elsewhere in the Constitution.
> 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 recognized at common law as essential to the orderly pursuit of happiness by free men.
Personal liberty is at the heart of freedom, with Americans cherishing their independence to make choices every day that affect their lives. This includes the freedom to act and to do the legal things one wants to do, such as getting a certain job, listening to music, or travelling to places one wants to see. However, personal liberty must be balanced against the rights of others. For example, one does not have the personal liberty to blast music in a public library, wear revealing clothing that disturbs the school environment, or drink alcohol before reaching the legal age.
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The Supreme Court's interpretation of liberty
The Supreme Court has sought to explain what liberty means and what it encompasses on numerous occasions. In Meyer v. Nebraska, the Supreme Court stated that 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 at common law as essential to the orderly pursuit of happiness by free men".
The term "liberty" appears in the due process clauses of both the Fifth and Fourteenth Amendments of the Constitution. As used in the Constitution, liberty means freedom from arbitrary and unreasonable restraint upon an individual. Freedom from restraint refers to more than just physical restraint, but also the freedom to act according to one's own will.
Personal liberty is at the heart of freedom. Americans cherish their independence to make choices every day that affect their lives. The diverse and colourful society enjoyed in the US is possible because each person has personal liberty. Personal liberty is the freedom to act and to do the legal things one wants to do, such as getting a certain job, listening to music, or travelling to places one wants to see.
However, personal liberty must be balanced against the rights of others. For example, one does not have the personal liberty to blast music in a public library, wear revealing clothing that disturbs the school environment, or drink alcohol before reaching the legal age.
The Ninth Amendment acknowledges the people's unenumerated rights, or rights not listed in the first eight amendments or elsewhere in the Constitution. It states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". Because of its broad scope, the Ninth Amendment is one key to the defence of personal liberty.
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The balancing of personal liberty and the rights of others
The term “liberty” appears in the due process clauses of both the Fifth and Fourteenth Amendments of the Constitution. As used in the Constitution, liberty means freedom from arbitrary and unreasonable restraint upon an individual. This freedom from restraint refers to more than just physical restraint, but also the freedom to act according to one's own will.
Personal liberty is at the heart of freedom. Americans cherish their independence to make choices every day that affect their lives. The diverse and colourful society we enjoy is possible because each of us has personal liberty. Personal liberty is the freedom to act and to do the legal things you want to do: get a certain job, listen to music you enjoy, or travel to places you want to see.
However, personal liberty must be balanced against the rights of others. For instance, you do not have the personal liberty to blast music in a public library, wear revealing clothing that disturbs the school environment, or drink alcohol before you reach the legal age.
The Ninth Amendment acknowledges the people’s unenumerated rights, or rights not listed in the first eight amendments or elsewhere in the Constitution. The Ninth Amendment states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This often leaves open as many questions as it answers. Sometimes the Supreme Court decides that the listed rights imply the existence of a right that is not specifically mentioned.
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Frequently asked questions
Liberty means freedom from arbitrary and unreasonable restraint upon an individual. This includes freedom from physical restraint and the freedom to act according to one's own will.
The term 'liberty' appears in the due process clauses of the Fifth and Fourteenth Amendments of the Constitution.
The Ninth Amendment acknowledges the people's unenumerated rights, or rights not listed in the first eight amendments or elsewhere in the Constitution. It states that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people. This broad scope is seen as key to the defence of personal liberty.
The Supreme Court has sought to explain what liberty means and what it encompasses on numerous occasions. For example, in Meyer v. Nebraska, the Supreme Court stated that liberty denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in common occupations, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to one's own conscience, and generally to enjoy the privileges long recognised at common law as essential to the orderly pursuit of happiness by free men.
Personal liberty must be balanced against the rights of others. For example, you do not have the personal liberty to blast music in a public library, wear revealing clothing that disturbs the school environment, or drink alcohol before you reach the legal age. Sometimes, the Supreme Court decides that the listed rights imply the existence of a right that is not specifically mentioned.
