Jonah Patel
The concept of liberty is deeply rooted in the history of the United States, with the founders of the Constitution holding certain principles that guided their understanding of this term. For them, liberty was closely tied to the idea of natural law, believing that people are endowed by their Creator with certain unalienable rights, which include life, liberty, and the pursuit of happiness. This liberty was understood as freedom from oppressive restrictions imposed by authority, with a focus on protecting individuals from the potential frailties and overreach of their rulers. The founders also recognized the importance of property rights, seeing them as integral to securing liberty. They saw the United States as having a divine mission and a manifest destiny to become a shining example of God's law, inspiring the rest of humanity.
| Characteristics | Values |
|---|---|
| Liberty | The state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views |
| Ordered liberty | Creating a balanced society where individuals have the freedom to act without unnecessary interference (negative liberty) and access to opportunities and resources to pursue their goals (positive liberty), all within a fair legal system |
| Liberty vs freedom | Liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved |
| Mankind endowed by God with certain unalienable rights | "Those rights, then, which God and nature have established, and are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal [or state] laws to be inviolable." — William Blackstone |
| A Constitution should protect the people from the frailties of their rulers | "If angels were to govern men, neither external nor internal controls on government would be necessary... [But lacking these] you must first enable the government to control the governed; and in the next place oblige it to control itself." — James Madison |
| Natural law is God's law | "There are certain laws which govern the entire universe, and just as Thomas Jefferson said in the Declaration of Independence, there are laws which govern in the affairs of men which are 'the laws of nature and of nature’s God."</co: 0> |
| Mankind has a natural right to "Life, Liberty and the pursuit of Happiness" | "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." — Declaration of Independence |
| Liberty as non-domination | Republican theorists of freedom, like Quentin Skinner and Philip Pettit, argue that liberty should be viewed as non-domination, or not being subject to another's arbitrary will |
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What You'll Learn
Liberty as the freedom to act
The concept of liberty is deeply rooted in the history of the United States, with the founders of the Constitution holding a strong belief in the protection of individual freedoms. For them, liberty meant freedom from oppressive restrictions and the preservation of natural or unalienable rights.
One of the key principles underlying the Constitution is the idea that a constitution should safeguard citizens from the potential excesses of their rulers. James Madison, in Principle 13, stated that "If angels were to govern men, neither external nor internal controls on government would be necessary… [But lacking these] you must first enable the government to control the governed; and in the next place oblige it to control itself." This principle recognizes the importance of checks and balances to prevent government overreach and protect the liberties of the people.
The founders of the Constitution also understood liberty as the freedom to act without unnecessary interference, a concept known as "negative liberty." This means that individuals should be able to pursue their goals and live their lives free from arbitrary restraints imposed by authority. In other words, liberty entails the responsible use of freedom within a legal framework that respects the rights of all individuals.
The Bill of Rights, which includes the First Amendment, was created to safeguard the liberties that the original citizens believed were inherently theirs. These rights include freedom of speech, religion, and the press. The Bill of Rights serves as a protective wall, ensuring that the government cannot infringe on the unalienable rights of its citizens.
The concept of liberty as the freedom to act is further emphasized by John Stuart Mill in his work, "On Liberty." Mill distinguishes between liberty as the freedom to act and liberty as the absence of coercion. Isaiah Berlin later formalized this distinction as "positive liberty" and "negative liberty." Positive liberty refers to the freedom that comes from self-mastery and being free from inner compulsions, while negative liberty relates to protection from external tyranny and arbitrary authority.
In conclusion, liberty, as understood by the founders of the Constitution, encompasses the freedom to act without interference from authority. This freedom to act is balanced within a legal framework that respects the rights of all individuals and prevents government overreach. The founders' principles of liberty continue to shape the constitutional law of the United States, influencing how citizens understand and exercise their rights in modern times.
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Liberty as the absence of coercion
The concept of liberty is deeply rooted in the history of the United States, with the founders of the Constitution holding certain principles regarding liberty that continue to shape the nation today. One of the key interpretations of liberty is "liberty as the absence of coercion". This perspective, recognised by John Stuart Mill in his 1859 work, "On Liberty", differentiates liberty from freedom, where liberty is seen as freedom from coercion, tyranny, and arbitrary exercises of authority.
The founders of the Constitution believed in the natural rights endowed by God, which included life and liberty. These rights were deemed unalienable, meaning that they were inherent to all individuals and could not be taken away by any majority or human legislation. The Constitution, therefore, served as a safeguard against government abuse and overreach, ensuring that the rights of the people were protected. This notion of liberty as the absence of coercion aligns with the idea that individuals should be free from oppressive restrictions and arbitrary restraints imposed by authority on their way of life, behaviour, or political views.
In the context of the United States Constitution, ordered liberty aims to create a balanced society. This entails individuals having the freedom to act without unnecessary interference and access to opportunities and resources to pursue their goals, all within a fair legal system. The Bill of Rights, for example, was established to protect the unalienable rights of citizens, including freedom of speech, religion, and privacy.
The founders of the Constitution also recognised the importance of protecting individuals from the frailties of their rulers. James Madison, a key figure in the founding of the Constitution, stated, "If angels were to govern men, neither external nor internal controls on government would be necessary... [But lacking these] you must first enable the government to control the governed; and in the next place oblige it to control itself." This highlights the understanding that liberty requires checks and balances on governmental power to prevent coercion and ensure the protection of individual rights.
Furthermore, the concept of liberty as the absence of coercion extends beyond freedom from governmental oppression. It also encompasses the idea of freedom from inner compulsions, such as weakness and fear, as described by Isaiah Berlin in his lecture "Two Concepts of Liberty". This perspective, known as positive liberty, refers to the liberty that comes from self-mastery and personal growth.
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Liberty as a natural right
The concept of liberty is deeply rooted in the history of the United States, with the founders of the Constitution holding a strong belief in the principle of liberty as a natural right. They understood liberty as the state of being free from oppressive restrictions and arbitrary rule, a right endowed by God, or the "Creator", as per the Declaration of Independence. This natural right to liberty was seen as something inherent and unalienable, not granted by any human laws or institutions but rather a part of the natural order.
The founders of the Constitution, influenced by the ideas of John Locke and others, recognized the importance of protecting individual liberty from government overreach. They believed that a just government should derive its powers from the consent of the governed and that the rights of the people, including liberty, were paramount. This belief is reflected in the words of James Madison, who stated that a Constitution should "oblige [the government] to control itself" and protect the people from the "frailties of their rulers".
The Declaration of Independence, with its famous statement of "Life, Liberty and the pursuit of Happiness", forms the basis of the American understanding of liberty. This declaration, however, was troubled by the contradiction of legalized Black slavery, which persisted for many years. It was only after the American Civil War that the Constitution was amended to extend rights to persons of color, and later, in 1920, voting rights were granted to women.
The founders' vision of liberty as a natural right has evolved and expanded over time. Today, liberty is understood as the responsible use of freedom without infringing on the freedom of others. It encompasses the idea of ordered liberty, creating a balanced society where individuals are free from unnecessary interference and have access to opportunities and resources to pursue their goals within a fair legal system.
The Bill of Rights, which includes the First Amendment, was a crucial development in protecting these natural rights. It transformed the initial Constitution, which lacked a specific declaration of individual rights, into a protective wall safeguarding each individual's unalienable rights from government intrusion. The founders' principles of liberty continue to shape the ongoing story of liberty and rights in the United States.
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Liberty as a divine law
The founding fathers of the United States Constitution believed that liberty was endowed by God and was a natural right. They understood liberty as freedom from the dominion of any will or legal restraint other than that enacted by their own constituted lawmaking power.
The founders held that the people cannot delegate to their government any power except that which they have the lawful right to exercise themselves. This is reflected in the Declaration of Independence, which states that all men are "endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness".
The founders also believed that the United States had a manifest destiny to become a glorious example of God's law under a restored Constitution, which would inspire the entire human race. This is reflected in the following quote from John Adams:
> "I always consider the settlement of America with reverence and wonder, as the opening of a grand scene and design in Providence for the illumination of the ignorant, and the emancipation of the slavish part of mankind all over the earth."
The founders understood that liberty was not just about freedom from external restraint, but also about the responsible use of that freedom under the rule of law without depriving anyone else of their freedom. This idea of "ordered liberty" in Constitutional law seeks to create a balanced society where individuals have the freedom to act without unnecessary interference and access to opportunities and resources to pursue their goals, all within a fair legal system.
The Bill of Rights, which was added to the Constitution, was a pivotal event in the long story of liberty. It transformed the Constitution from a "parchment barrier" to a protective wall that shielded individuals' unalienable rights from government overreach.
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Liberty as ordered liberty
The concept of liberty is deeply rooted in the history of the United States, with the founders of the Constitution holding strong beliefs about its meaning and importance. For them, liberty was about more than just freedom from oppressive authority; it was about creating a just and ordered society. This concept, known as "ordered liberty," encapsulates the idea of balancing individual freedoms with a fair legal system.
One of the key principles underlying ordered liberty is the belief in natural law or God's law. The founders, influenced by thinkers like Thomas Jefferson and John Locke, asserted that certain rights, such as life and liberty, are endowed by God and are therefore unalienable or natural rights. These rights, they argued, do not need human laws to be invested in individuals and cannot be taken away by human legislation. This principle is reflected in the Declaration of Independence, which states that all men are "endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness."
The founders recognized the need to protect these natural rights from government abuse. James Madison, for instance, emphasized that a Constitution should safeguard individuals from the potential frailties and excesses of their rulers. This sentiment is echoed in the Bill of Rights, which serves as a protective wall against government overreach and guarantees freedoms such as freedom of speech, privacy rights, and the principles of equality. The Bill of Rights was a pivotal development in ensuring that the government respected the liberties of its citizens.
Ordered liberty also entails responsible freedom under the rule of law. This means that while individuals enjoy freedom, they must exercise it within the boundaries of a fair legal system that respects the rights of all. In this sense, liberty does not mean absolute freedom to do as one pleases but rather freedom from arbitrary restraints and tyranny. The founders understood that liberty must be balanced with the rights of others, and as such, the legal system plays a crucial role in maintaining this balance.
The founders' vision of liberty extended beyond the individual to encompass the collective. They believed in the divine mission of the United States to become a shining example of God's law under a restored Constitution, inspiring the entire human race. This sense of manifest destiny shaped their understanding of liberty as a force for societal progress and the emancipation of the oppressed.
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Frequently asked questions
Liberty, to the founding fathers, meant freedom from oppressive restrictions imposed by authority on their way of life, behavior, and political views. They believed that people are free from any will or legal restraint apart from that enacted by their own constituted lawmaking power.
The founding fathers believed in a set of principles that guided their understanding of liberty. One key principle was that mankind is endowed by God with certain unalienable natural rights, such as "life, liberty, and the pursuit of happiness." They also believed that the Constitution should protect the people from the frailties of their rulers and that human rights are protected by God's divine law.
The founders believed that governments are instituted to secure the natural rights of the people. They recognized that the people delegate power to the government only to the extent that it is necessary to secure these rights. They also understood that governments derive their just powers from the consent of the governed and that the people have the right to alter or abolish a government that becomes destructive of these ends.
The founders' understanding of liberty shaped the US Constitution by establishing a framework that protects individual freedoms and rights. The Bill of Rights, for example, enumerates specific liberties that the government may not infringe upon, such as freedom of speech, religion, and assembly. The Constitution also created a system of checks and balances to ensure that no one branch of government could become too powerful and infringe upon the liberties of the people.
