Omar Bennett
The phrase life, liberty, and property is not in the US Constitution, but state constitutions have included these provisions since 1776. The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, states that nor shall any state deprive any person of life, liberty, or property, without due process of law. This amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens. The Fifth Amendment also includes a similar due process clause, but it only applies to the federal government.
| Characteristics | Values |
|---|---|
| Life, liberty, and property | Inalienable rights |
| Enjoying and defending life and liberty | |
| Acquiring, possessing, and protecting property | |
| Pursuing and obtaining happiness and safety | |
| Rights granted by the Bill of Rights | |
| Citizenship | |
| Due process of law | |
| Equal protection of the laws |
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What You'll Learn
The 14th Amendment extended rights to formerly enslaved people
The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a landmark piece of legislation that significantly extended rights and liberties to formerly enslaved people in the United States. This amendment was a crucial step in the nation's Reconstruction program following the Civil War, aiming to guarantee equal civil and legal rights to Black citizens.
One of the key provisions of the 14th Amendment was the granting of citizenship to ""All persons born or naturalized in the United States," which directly benefited formerly enslaved people by recognizing their legal status as citizens. This marked a significant shift from the 1857 Supreme Court decision in Dred Scott v. Sandford, which had infamously denied citizenship to Black individuals. By affirming the citizenship of formerly enslaved people, the 14th Amendment laid the foundation for their legal protection and the recognition of their fundamental rights.
The 14th Amendment also included a critical clause stating that "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This provision ensured that all individuals, regardless of race or background, were entitled to fair legal proceedings and due process under the law. This meant that state governments could not arbitrarily deprive citizens of their life, liberty, or property without following the established legal procedures.
The right to due process of law and equal protection under the law applied to both the federal and state governments, further strengthening the legal protections afforded to formerly enslaved people. This aspect of the 14th Amendment was designed to prevent state governments from enacting discriminatory laws or practices that would infringe upon the rights of citizens, including those who had been previously enslaved.
Additionally, the 14th Amendment played a crucial role in nationalizing the Bill of Rights by making it binding upon the states. Congressman John A. Bingham of Ohio, the primary author of the first section of the amendment, intended to extend the personal rights guaranteed by the first eight amendments to the states. While there were differing interpretations and debates about the amendment's scope at the time, it represented a significant step forward in the nation's journey toward recognizing and protecting the rights of formerly enslaved individuals.
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Due process and the 14th Amendment
The Due Process Clause of the Fourteenth Amendment states that no state can deprive any person of life, liberty, or property without due process of law. The Fourteenth Amendment's Due Process Clause guarantees procedural due process, which means that government actors must adhere to specific procedures before depriving an individual of life, liberty, or property.
Historically, due process typically involved a jury trial, where the jury determined the facts and the judge enforced the law. Over the past two centuries, states have established a range of institutions and procedures for dispute resolution. The Court has determined that due process, at a minimum, requires notice, an opportunity to be heard, and an impartial tribunal.
The Due Process Clause of the Fourteenth Amendment has been interpreted by the Court to render many provisions of the Bill of Rights applicable to the states. The Bill of Rights initially restricted the actions of the federal government but did not impose limitations on state governments. However, following the ratification of the Reconstruction Amendment, the Court construed the Fourteenth Amendment's Due Process Clause to impose on the states many of the limitations outlined in the Bill of Rights.
The Fourteenth Amendment's Due Process Clause provides protections similar to those offered by the Fifth Amendment's Due Process Clause. While the Fifth Amendment pertains to federal government actions, the Fourteenth Amendment binds the states. The Supreme Court has applied the Fourteenth Amendment's Due Process Clause in two primary contexts. Firstly, it has been used to extend the protections of the Bill of Rights to the states. Secondly, the Clause has been interpreted to protect substantive due process, affirming that the government cannot infringe on certain fundamental rights, even if procedural protections are provided.
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State constitutions and Lockean Guarantees
The Lockean Natural Rights Guarantees (LGs) are provisions that declare that people have pre-political natural rights, such as life, liberty, property, and the pursuit of happiness. Two-thirds of all state constitutions contain these guarantees. Despite their common use in court to protect individual rights, there have been doubts about their enforceability.
The drafting history of the Lockean Guarantees is rich and dates back to 1776. The debates surrounding these guarantees and their relationship to race and slavery are particularly notable, with pro-slavery and segregation forces never fully accepting the ideals expressed by the drafters. The history of the drafting of these guarantees provides valuable context for jurists and scholars to refer to when evaluating their meaning and importance.
The Lockean constitution is characterized by a structural division of political power between the executive and the legislature, with the power of the government limited to the public good. This structure is intended to prevent the concentration of power and protect against tyranny. Locke's theory of the state of nature and natural law heavily influenced his ideas on constitutionalism.
Locke's philosophy also had an impact on the United States Constitution of 1787, which elevated the judiciary's role within the modern separation of powers theory. The 14th Amendment to the U.S. Constitution, ratified in 1868, further extended liberties and rights to formerly enslaved people, guaranteeing life, liberty, and property without deprivation by any state without due process of law.
Overall, the Lockean Guarantees have played a significant role in shaping state constitutions and the interpretation of individual rights and the relationship between the individual and the state.
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The right to life, liberty, and property in state constitutions
The right to life, liberty, and property is a cornerstone of American democracy, and it is enshrined in the US Constitution and various state constitutions. The 14th Amendment to the US Constitution, ratified in 1868, explicitly states that no state shall deprive any person of "life, liberty, or property, without due process of law." This amendment extended the liberties and rights granted by the Bill of Rights to formerly enslaved people, guaranteeing equal civil and legal rights to Black citizens.
The concept of "due process" is crucial in understanding these rights. Due process refers to the legal procedures that the government must follow before depriving an individual of life, liberty, or property. Historically, due process entailed a jury trial, with the jury determining the facts and the judge enforcing the law. Today, due process requires, at a minimum, notice, an opportunity to be heard, and an impartial tribunal.
While the 14th Amendment establishes these rights at the federal level, state constitutions have also long recognized the importance of protecting life, liberty, and property. Since 1776, state constitutions have included provisions to safeguard these inalienable rights. For example, the Vermont Declaration of Rights, which is Chapter I of Vermont's state constitution, asserts that "all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety." Similar language appears in the constitutions of many other states.
Courts have interpreted these state constitutional provisions as powerful protections against state actions that might restrict life, liberty, property, and even the pursuit of happiness. For instance, state constitutions have been used to declare slavery unconstitutional, protect the right to earn a living, and defend private property. The specific applications of these rights have evolved over time, with the Supreme Court elaborating on the original understanding of due process and the meanings of life, liberty, and property.
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The pursuit of happiness and safety
The 14th Amendment, ratified in 1868 after the Civil War, was designed to extend liberties and rights granted by the Bill of Rights to formerly enslaved people and ensure equal civil and legal rights for Black citizens. One of its key provisions states that "nor shall any state deprive any person of life, liberty, or property, without due process of law". This means that citizens have the right to legal procedures before the government can take away their life, liberty, or property. The concept of "due process" has been interpreted to include the right to notice, an opportunity to be heard, and an impartial tribunal.
The phrase "life, liberty, and the pursuit of happiness" has a long history in American political thought, dating back to the Declaration of Independence and state constitutions. For example, the Vermont Declaration of Rights, which is Chapter I of the state's constitution, includes this phrase. Over two-thirds of state constitutions have similar language, often referred to as "Lockean Natural Rights Guarantees," emphasizing the importance of protecting these inalienable rights.
The broad language of "the pursuit of happiness" has been interpreted by delegates and courts in various ways. Some delegates argued that it encompassed other specific rights, such as the right to be free from double jeopardy and self-incrimination. Courts have used these provisions to declare slavery unconstitutional, protect the right to earn a living, and defend private property. The interpretation of these rights has evolved over time, with the Supreme Court elaborating on the original understanding of due process and the meaning of "life, liberty, and property."
In summary, while the exact phrase "the pursuit of happiness and safety" is not in the US Constitution, the 14th Amendment's protection of life, liberty, and property provides a foundation for individuals to pursue happiness and safety. The interpretation and application of these rights have been shaped by legal scholars, judges, and historical context, ensuring that the Constitution remains a living document that adapts to the changing needs and interpretations of American society.
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Frequently asked questions
Yes, the 14th Amendment to the US Constitution, ratified in 1868, states that "nor shall any state deprive any person of life, liberty, or property, without due process of law".
Due process of law refers to the procedures that the government must follow before depriving an individual of life, liberty, or property. Historically, due process entailed a jury trial, with the jury determining the facts and the judge enforcing the law. In recent centuries, however, this has evolved to include a variety of institutions and procedures for adjudicating disputes.
The 14th Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, granting citizenship to "All persons born or naturalized in the United States".
