Eleanor Finch
The phrase life, liberty, and the pursuit of happiness is widely known as a line from the United States Declaration of Independence, drafted by Thomas Jefferson. 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 US Supreme Court has recognised and protected the right to the pursuit of happiness, and it has been cited in landmark decisions on marriage and other freedoms. The pursuit of happiness is also recognised in the constitutions of other countries, such as Japan and South Korea, and has been a consideration in shaping the constitutions of some South American countries.
| Characteristics | Values |
|---|---|
| The right to pursue happiness | An unalienable right |
| A fundamental right | |
| A central tenet of democracy | |
| A matter of government and public policy | |
| Economic freedom | |
| Freedom to engage in contracts | |
| Freedom to hold an occupation | |
| Freedom to learn and gain knowledge | |
| Freedom to marry and raise children | |
| Freedom to demonstrate faith and participate in religion |
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What You'll Learn
- The pursuit of happiness is not mentioned in the US Constitution
- The pursuit of happiness is a fundamental right
- The pursuit of happiness is a matter of government and public policy
- The pursuit of happiness is referenced in the Declaration of Independence
- The pursuit of happiness is a central concept in democracies
The pursuit of happiness is not mentioned in the US Constitution
The phrase "life, liberty, and the pursuit of happiness" is a well-known line from the United States Declaration of Independence, drafted by Thomas Jefferson. The Declaration guarantees the right to "life, liberty, and the pursuit of happiness" as unalienable rights endowed by the Creator. However, it is important to note that the Declaration of Independence is not a legally binding document in the US legal system.
While the Declaration of Independence recognises these unalienable rights, the US Constitution does not explicitly mention the pursuit of happiness. The Constitution, which is the supreme law of the land, does explicitly protect life and liberty. However, the right to pursue happiness is notably absent from its text. This distinction between the Declaration and the Constitution is significant and highlights an interesting aspect of American legal history.
Despite not being explicitly mentioned in the US Constitution, the pursuit of happiness has played a significant role in American legal discourse and jurisprudence. The US Supreme Court has, on multiple occasions, recognised the right to pursue happiness and protected the freedoms associated with it. In certain landmark decisions, the Court has cited the pursuit of happiness in its rulings, such as in cases pertaining to marriage and the freedom to marry.
Additionally, the concept of the pursuit of happiness has been interpreted in various ways. Some scholars argue that it encompasses economic freedom and the right to earn a living, which they equate with the American Dream. Others discuss a "thick" understanding of happiness, which includes factors such as health, safety, and positive institutions that contribute to a person's overall well-being and society's "gross national happiness."
While the exact phrase "pursuit of happiness" may not be in the US Constitution, its spirit is reflected in the Fourteenth Amendment's due process clause, which protects a range of freedoms that contribute to an individual's pursuit of happiness. Furthermore, the recognition of the right to happiness in other countries' constitutions, such as Japan and South Korea, indicates the importance given to this right in democracies modelled on America's government.
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The pursuit of happiness is a fundamental right
The phrase "life, liberty, and the pursuit of happiness" is a well-known phrase from the United States Declaration of Independence. The Declaration guarantees the right to "life, liberty, and the pursuit of happiness" as fundamental rights, even though the phrase itself is not legally binding. The pursuit of happiness is not explicitly mentioned in the US Constitution, the nation's highest law. However, the US Supreme Court has, in the past, recognised this right and protected the many freedoms it encompasses.
The Fourteenth Amendment's due process clause protects one's freedom to engage in contracts, hold an occupation, gain knowledge, marry and raise children, and demonstrate faith and participate in religion. These freedoms have been interpreted as entitling one "generally to enjoy those privileges long recognised... as essential to the orderly pursuit of happiness by free men." This interpretation has been central to landmark decisions defining the constitutionality of marriage, such as Loving v. Virginia and Obergefell v. Hodges, where bans on interracial and same-sex marriage, respectively, were found to be unconstitutional.
The pursuit of happiness is also recognised as a legal right in other countries. Japan's 1946 Constitution and South Korea's 1948 Constitution both include the right to "life, liberty, and the pursuit of happiness." Additionally, the Buen Vivir movement has influenced the constitutions of South American countries like Bolivia and Ecuador.
While the pursuit of happiness is not explicitly mentioned in the US Constitution, it is a fundamental right that has been protected by the Supreme Court and is deeply rooted in the nation's history and traditions. It is also recognised internationally as a legal right, influencing the development of democracies modelled on the American government.
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The pursuit of happiness is a matter of government and public policy
The phrase "life, liberty, and the pursuit of happiness" is a well-known line from the United States Declaration of Independence. The phrase outlines three examples of the unalienable rights that the Declaration says are bestowed upon all humans by their creator, which governments are instituted to protect. While the Declaration of Independence recognises these rights, the US Constitution only explicitly protects life and liberty, with happiness going unmentioned.
Despite this, the pursuit of happiness has played an important role in American legal history. The US Supreme Court has, in the past, recognised the right to pursue happiness and protected the many freedoms it encompasses. For example, in Meyer's precedent, the right to freedom of marriage was deemed "essential to the orderly pursuit of happiness by free men". The right to pursue happiness has also been central to several landmark decisions defining the constitutionality of marriage.
The pursuit of happiness is also recognised in the constitutions of several other countries. For example, Japan's 1946 Constitution recognises the "right to life, liberty, and the pursuit of happiness", and South Korea's 1948 Constitution includes the "right to pursue happiness".
The question of what constitutes happiness is a complex one. While seeking happiness is one thing, actually obtaining and experiencing it is another. Some argue that a thick understanding of happiness is required, which includes not just individual pleasure but also broader societal factors such as health, safety, and positive institutions that keep citizens healthy and safe. This concept is reflected in the gross national happiness index used by the Himalayan kingdom of Bhutan.
In conclusion, while the pursuit of happiness may not be explicitly guaranteed in the US Constitution, it is nonetheless a fundamental concept that has influenced government and public policy, both in the US and internationally. The interpretation and realisation of this concept continue to evolve, with ongoing debates about the role of governments and public policy in ensuring the conditions necessary for individuals to pursue happiness.
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The pursuit of happiness is referenced in the Declaration of Independence
The phrase "life, liberty, and the pursuit of happiness" is a well-known phrase from the United States Declaration of Independence. 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 instituted to protect.
The Declaration of Independence guarantees the right to "life, liberty, and the pursuit of happiness". The phrase "pursuit of happiness" in the Declaration of Independence does not mean chasing or seeking happiness, but rather practicing it. It is the difference between dreaming and reality. The next part of the sentence in the Declaration of Independence states "to secure these rights, governments are instituted among men". This means that the happiness of which the Declaration speaks is not simple, light, and momentary pleasure, but rather a matter of government and public policy.
The right to the pursuit of happiness is not stated outright in the US Constitution, but the Supreme Court has recognized and protected this right. The right to pursue happiness has been central to landmark decisions defining the constitutionality of marriage. The right to freedom of marriage has been deemed "essential to the orderly pursuit of happiness by free men".
The pursuit of happiness has had an important role in American legal history, and is becoming increasingly significant internationally. While the right to pursue happiness is absent from the US Constitution, it has been written into various state constitutions and has been recognized in the constitutions of other countries, such as Japan and South Korea.
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The pursuit of happiness is a central concept in democracies
The phrase "life, liberty, and the pursuit of happiness" is a well-known line from the United States Declaration of Independence. The phrase outlines three examples of the inalienable rights that the Declaration says are bestowed upon all humans by their creator, which governments are instituted to protect. While the Declaration of Independence recognises these rights, the US Constitution does not explicitly mention the pursuit of happiness.
The right to pursue happiness is a fundamental concept in democracies, and it has been recognised in landmark decisions by the US Supreme Court. The Fourteenth Amendment's due process clause protects one's freedom to engage in contracts, hold an occupation, gain knowledge, marry, and raise children, all of which are considered essential to the pursuit of happiness. The right to pursue happiness has also been central to defining the constitutionality of marriage, with the Supreme Court citing it as a reason to strike down bans on interracial and same-sex marriage.
The pursuit of happiness is not just an individual quest but a matter of government and public policy. Governments play a crucial role in enabling their citizens to pursue happiness by guaranteeing their health, safety, and well-being. For example, providing access to food, medicine, and safe living conditions are concrete ways governments can contribute to the happiness of their citizens.
While the term "pursuit of happiness" may evoke images of chasing or seeking happiness, it is important to note that the founders of the Declaration of Independence intended it to mean something different. The pursuit of happiness is not about the pursuit itself but about the right to actually be happy and experience happiness. This understanding aligns with the broader concept of democracy, where governments are responsible for creating conditions that allow their citizens to flourish and pursue their version of happiness.
The recognition of the pursuit of happiness as a fundamental right is not unique to the United States. Other countries, such as Japan and South Korea, have also included similar language in their constitutions, indicating the centrality of this right to the development of democracies. The "Buen Vivir" movement has also influenced the constitutions of South American countries, demonstrating the global recognition of happiness as a policy concept.
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Frequently asked questions
No, the US Constitution does not explicitly mention the pursuit of happiness. However, it does protect life and liberty, which are considered fundamental rights.
The phrase originates from the United States Declaration of Independence, which states that all humans have certain unalienable rights, including "life, liberty, and the pursuit of happiness."
The phrase recognises that all people have the right to pursue happiness, not just the right to try to be happy. It suggests that governments are responsible for creating the conditions that enable their citizens to flourish and be happy.
The US Supreme Court has recognised the right to pursue happiness and protected the freedoms it encompasses. For example, in marriage equality cases, the Court has cited the pursuit of happiness as a fundamental right that includes the freedom to marry and raise a family.
