You will be surprised to hear that the pursuit of happiness is in U.S. Constitutional Law, but it is not in the U.S. Constitution. Below is a concise, legal breakout that explains your inalienable right to pursue happiness and what does the pursuit of happiness mean in the Constitution.
As the U.S. Constitution is a legal document, we need a legal definition of the Pursuit of Happiness. Here is what the Law Dictionary says about the Pursuit of Happiness:
“this right includes personal freedom, freedom of contract, exemption from oppression or invidious discrimination, … liberty of conscience, and the right to enjoy the domestic relations and the privileges of the family and the home.”
Law Dictionary
The Pursuit of Happiness is an Inalienable Right Per the U.S. Declaration of Independence.
The Pursuit of Happiness is an inalienable right found in the United States Declaration of Independence. However, it is nowhere to be found in the U.S. Constitution. Specifically, the Declaration of Independence, written in 1776, was a list of grievances against the king of England to justify independence. Thereafter, the Constitution was signed eleven years later in 1787. See Constitution FAQ for more information.
The Pursuit of Happiness, an Inalienable Right in U.S. Constitutional Law.
Though the Pursuit of Happiness is not an explicit right in the U.S. Constitution it has become an inalienable right in Constitutional Law through a series of legal cases. Indeed, I had to look up the definition of inalienable right – it is a right we are unable to give up, even if we want to. So this is a powerful right that protects us from ourselves, society and even the Government itself. Undeniably, it is awesome that we have this inalienable right per Constitutional Law.
A Legal Breakdown of the Right to Pursue Happiness.
So as used in constitutional law, the right of the Pursuit or Practice of Happiness includes:
- Personal Freedom. This is tied to the First Amendment. Specifically, personal freedoms include religion, expression, assembly, and right to petition
- Freedom of Contract. Here you are able to enter into whatever type of legally binding agreement you want to. Specifically, there are generally no legal limitations other than being of legal age to do so
- Exemption from Oppression or Invidious Discrimination. Namely, this is protection from the Government to wrongfully inflict any bodily harm, imprisonment, or other injury on a person. Also, the right to have equal protection of the laws
- Liberty of Conscience. Here you are able to follow your conscience (the conscience clause). For example, this includes the right to be a conscientious objector during wartime or freedom to not engage in professional practices that are not consistent with one’s faith
- Right to Enjoy the Domestic Relations and the Privileges of the Family and the Home. Specifically, this is the rights of family privacy and equality in regard to child rearing, children’s education, what constitutes a family, and procreation.
More on the Pursuit of Happiness and the U.S. Constitution: Founding Fathers’ Perspective, Constitutional Considerations of Happiness, Constitution Terms To Know,
For more information from Unvarnished Facts, see articles on government, freedom, values, and human rights.
Writer and expert in supply chain technology and operational analytics. Passionate about giving actionable insights on information technology, business, innovation, creativity, and life in general.