The journey from there to here

You'll have to forgive me. I have been reading the "Heritage Guide to the Constitution" (published by the Heritage Foundation), and so it may culminate in a number of Constitution based articles as I work my way through this highly recommended publication.

One of the arguments I have heard lately on talk radio and conservative print media sources is that the right to the "pursuit of happiness" is not in the Constitution, and thus, not a right guaranteed to all Americans.

They're right on the first count, wrong on the second. You see, the reason the right to "the pursuit of happiness" is not in the Constitution is expressly stated in another foundation document, the Declaration of Independence. The right to pursuit of happiness was held to be "self evident" (meaning even a dummy should be able to sort it out), and we were ENDOWED with these rights by our creator. This meant that a legitimate government did not have legitimate authority to remove these rights without a damn good reason (or, "due process" in more genial legal terms).

It was on this basis that the Bill of Rights was authored. Many founding fathers refused to sign without a Bill of Rights, because they knew that "life, liberty and the pursuit of happiness", while understood by them, was a very vague and ambiguous basis from which to make legal decisions. Better to spell out some of the rights that those words entailed.

A myth that revolves around these rights is that they are GIVEN us by the government. The founding fathers did not believe this, but rather believed these rights to be our birthright, given us by our Creator (sorry, Mr. Newdow), and the language of the Constitution does not give the government permission to assign these rights but rather forbids them permission to infringe upon them. While the pursuit of happiness is not among those enumerated, its presence in the Declaration make it clear that it is an intended right granted us by God.


Comments
on Jan 06, 2006
My favorite pet peeve is fair.  "It's not fair".  So I tell them if they can find the word Fair in the constitution, I will make their life "fair".  But it is not there, and life is not fair.  Deal with it.
on Jan 06, 2006
please contact me re: CPS question for a friend. Thx. pamperedstoneATyahoo.com
on Jan 06, 2006
Great article. I've found the Heritage Foundation to be one of my favorite thinktanks, replacing the Family Research Council Ralph Reed headed up back in the nineties.

Just as the 'Right' to a 'Pursuit of Happiness' isn't found in the constitution or Bill of Rights, we should look at a parallel - the 'Right' to privacy.
on Jan 07, 2006
The constitution does, however, commit to "promote the general welfare."
life is not fair. Deal with it.
Deal with it, or do you mean get over it? Hmm, I detect seething pessimism.
on Jan 07, 2006

Deal with it, or do you mean get over it? Hmm, I detect seething pessimism.

You cant get over a life long situation.  You have to deal with it.  And it is neither optimism, or pessimism.  Just reality.

on Jan 07, 2006
Life may be unfair, but the Constitution's very existence depends on its justice and fairness. Optimism, par excellence.
on Jan 07, 2006
They may not be in the Constitution but I always laughed at their song I'm an Adult Now.
on Jan 07, 2006
What too many on both sides forget is, the Constitution doesn't list our rights, but the government's responsibilities.

The Bill of Rights does enumerate rights, but does not limit our rights to only those enumerated within.

All authority not given to the Fed, by the People, through the Constition are retained by the people. That includes Privacy, The Pursuit of Happiness" and any other "letter of the law" types can't seem to get through their heads. ;~D
on Jan 07, 2006
but the government's responsibilities
with respect to the people.