Eleanor Finch
The phrase life, liberty, and the pursuit of happiness is a well-known phrase from the United States Declaration of Independence, drafted by Thomas Jefferson, and then edited by the Committee of Five, which consisted of Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert Livingston. The phrase gives three examples of the unalienable rights which the Declaration says have been given to all humans by their Creator, and which governments are created to protect. While the phrase is not legally binding, it has been widely referenced and seen as an inspiration for the basis of government. The Fifth and Fourteenth Amendments to the United States Constitution declare that governments cannot deprive any person of life, liberty, or property without due process of law. However, the word happiness is notably absent from the US Constitution.
| Characteristics | Values |
|---|---|
| Life, Liberty, and the pursuit of Happiness | Unalienable rights which all humans have by birth or nature |
| Rights that governments are created to protect | |
| The right to life, liberty, and security of person is also mentioned in Article 3 of the Universal Declaration of Human Rights | |
| The right to liberty is protected by the Fourteenth Amendment | |
| The right to the pursuit of happiness has been recognised by the United States Supreme Court | |
| The right to the pursuit of happiness has been referenced in landmark Supreme Court decisions on marriage | |
| The right to the pursuit of happiness is recognised in various state and national constitutions |
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What You'll Learn
The right to life, liberty, and property
While the Declaration of Independence is not legally binding, the Constitution and its amendments provide the legal framework to safeguard these rights. The Fifth and Fourteenth Amendments to the United States Constitution specifically declare that governments cannot deprive any person of "life, liberty, or property" without due process of law. The Fourteenth Amendment, passed in the wake of the Civil War, was particularly important in extending these rights to formerly enslaved people and ensuring that state governments also respected them.
The right to property, often referred to as "pursuit of happiness," has been a subject of debate and interpretation. John Locke, in his "Two Treatises of Government," argued that political society existed primarily to protect "property," which he defined as a person's "life, liberty, and estate." In the United States, courts have interpreted this right to include the right to earn a living and to acquire and possess property, as evidenced by state constitutions and court rulings over the years.
In summary, the right to life, liberty, and property is a cornerstone of American democracy, enshrined in the Declaration of Independence and protected by the Constitution. The interpretation and application of these rights have evolved over time, and they have inspired similar provisions in other nations' legal frameworks, reflecting their universal appeal and significance.
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The pursuit of happiness in the US Constitution
The phrase "life, liberty, and the pursuit of happiness" is widely known as part of the United States Declaration of Independence, drafted by Thomas Jefferson and edited by the Committee of Five, which consisted of Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert Livingston. The Declaration states the principles on which the US government and identity are based, and while it is not legally binding, it is powerful and influential.
The phrase "life, liberty, and the pursuit of happiness" gives three examples of the unalienable rights that, according to the Declaration, all humans possess by birth or nature, and which governments are created to protect. These rights are further guaranteed in the Constitution's first ten amendments, known as the Bill of Rights, which specifically mentions the right of conscience, or religious freedom.
The inclusion of "the pursuit of happiness" in this phrase is somewhat unusual, as the typical trio of essential rights was "life, liberty, and property." Jefferson's use of "the pursuit of happiness" instead of "property" has been attributed by some scholars to the influence of John Locke, who wrote that "the highest perfection of intellectual nature lies in a careful and constant pursuit of true and solid happiness." However, Jefferson's intent was not to refer primarily or exclusively to property, but to include the freedom to make decisions that result in the best life possible for a human being, encompassing intellectual and moral effort.
While the Declaration of Independence recognises the unalienable right to "life, liberty, and the pursuit of happiness," the US Constitution does not explicitly mention happiness. However, the Supreme Court has recognised and protected the right to the pursuit of happiness, citing it in landmark decisions on marriage and other freedoms. Additionally, several state constitutions, such as those of Virginia, Massachusetts, and Wisconsin, explicitly recognise the right to "life, liberty, and the pursuit of happiness."
The interpretation of "the pursuit of happiness" has evolved over time, and today it is often understood as seeking or chasing happiness. However, according to Professor Brent Strawn, the founders' understanding of this phrase was deeper and more meaningful, referring to the extended quality of happiness or what we might call the good or flourishing life. This interpretation has profound public policy implications and connections to social justice, challenging simplistic definitions of happiness and the American Dream.
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The right to liberty and due process
The phrase "life, liberty, and the pursuit of happiness" is a well-known phrase from the United States Declaration of Independence. The Declaration specifically mentions three rights which human beings possess by birth or by nature: life, liberty, and the pursuit of happiness. These rights are "unalienable", meaning that no one may rightfully deny us these things, nor may we rightfully surrender them.
Procedural due process concerns the procedures that the government must follow before depriving an individual of life, liberty, or property. At a minimum, due process requires:
- Notice
- An opportunity to be heard
- An impartial tribunal
The meaning of "life, liberty, and property" has been expanded by the courts to include certain governmental benefits, such as welfare benefits, which amount to "property" with due process protections. The courts have also deemed that the due process guarantees of the Fifth and Fourteenth Amendments protect certain substantive rights that are not listed in the Constitution, as certain liberties are so important that they cannot be infringed without a compelling reason.
The Fourteenth Amendment has also been interpreted to include the liberty of contract, which means the right of the citizen to be free in the enjoyment of all his faculties and to use them in all lawful ways. This includes the freedom to live and work where one chooses, to earn a livelihood by any lawful means, and to enter into contracts necessary to carry out these pursuits.
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The pursuit of happiness in state constitutions
The "pursuit of happiness" is a well-known phrase from the United States Declaration of Independence, drafted by Thomas Jefferson. It is listed among the unalienable rights of "life" and "liberty" that have been endowed by the Creator, which governments are created to protect. Importantly, the Declaration is not legally binding, and the term "happiness" is notably absent from the US Constitution. However, the pursuit of happiness has been recognised in various state constitutions, signalling its importance in the American consciousness.
The Virginia Declaration of Rights, adopted less than a month before the signing of the Declaration of Independence, guaranteed the inherent right to "the enjoyment of life and liberty... and pursuing and obtaining happiness and safety." This guarantee remains in the state's constitution to this day. The Commonwealth of Massachusetts followed suit, including the term "happiness" in its state constitution eight times, notably protecting the unalienable rights of its people in "seeking and obtaining their happiness and safety." Wisconsin's constitution, adopted in 1848, also recognised the inherent rights of "life, liberty, and the pursuit of happiness." These three states explicitly recognise the pursuit of happiness in their constitutions.
The absence of "happiness" in the US Constitution does not diminish its significance. The US Supreme Court has recognised and protected the right to the pursuit of happiness, even if not stated outright in the Constitution. In the landmark case of Meyer v. Nebraska (1923), the Court interpreted the Fourteenth Amendment's protection of the right to liberty as encompassing the freedom to engage in contracts, hold an occupation, learn and gain knowledge, marry and raise children, and demonstrate faith and religion—all entitling one to "generally enjoy those privileges...essential to the orderly pursuit of happiness by free men." This recognition of the pursuit of happiness has been further reinforced in subsequent Supreme Court decisions, such as Loving v. Virginia and Obergefell v. Hodges, which dealt with the freedom to marry.
While the exact interpretation of "the pursuit of happiness" may be subject to debate, it is clear that it holds a significant place in the American understanding of rights and freedoms. To America's founders, it was not merely about chasing pleasure, wealth, or self-interest. Instead, it encompasses the freedom to make decisions that lead to the best possible life for a human being, including intellectual and moral efforts. This concept of happiness is seen as a quality of existence, akin to being alive or free, and governments have a responsibility to consider it in their governance.
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The pursuit of happiness in international law
"Life, Liberty, and the pursuit of Happiness" is a well-known phrase from the United States Declaration of Independence. The phrase outlines three examples of the unalienable rights that the Declaration says have been given to all humans by their creator, and which governments are created to protect. The Declaration does not proclaim a right to happiness itself, but rather to the pursuit of happiness. This is because happiness is not something we have by nature, but we are born with the minds and talents to pursue it.
The United States Constitution's Fifth and Fourteenth Amendments declare that governments cannot deprive any person of "life, liberty, or property" without due process of law. The Fourteenth Amendment's protection of the right to liberty was interpreted by the United States Supreme Court in 1923 to include the pursuit of happiness.
The right to the pursuit of happiness has also influenced other nations' laws and constitutions. For example, the phrase "life, liberty, security of the person" appears in the Canadian Charter of Rights and the older Canadian Bill of Rights, which adds "enjoyment of property" to the list. 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 all include similar phrasing.
The United Nations has released three World Happiness Reports to measure the happiness of member nations and encourage them to use this information to direct their public policies. While the pursuit of happiness is not explicitly stated in international law, it is implicitly protected through other rights such as the right to life, liberty, and security of person.
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Frequently asked questions
This phrase refers to three examples of the unalienable rights which the Declaration of Independence says have been given to all humans by their Creator, and which governments are created to protect.
No, the phrase "life, liberty, and the pursuit of happiness" is not in the US Constitution. However, the US Constitution does explicitly protect life and liberty.
The phrase comes from the United States Declaration of Independence, which was drafted by Thomas Jefferson and then edited by the Committee of Five, consisting of Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert Livingston.
The Declaration of Independence states the principles on which the US government and identity are based. While it is not legally binding, it is still powerful and has inspired people worldwide to fight for freedom and equality.
The meaning of "pursuit of happiness" has evolved since the time of the Declaration of Independence. Today, it is often understood as seeking or chasing happiness. However, the nation's founders intended it to refer to the freedom to make decisions that result in the best life possible for a human being, including intellectual and moral effort.
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