Specifying Liberty

The Framers wrote the Constitution to secure the liberty of American people. What precisely did “liberty” indicate to them? What should it imply to you? Eugene Volokh, professor of constitutional law at UCLA, explores this crucial concern.

FOLLOW us!
Facebook: https://www.facebook.com/prageru.
Twitter: https://twitter.com/prageru.
Instagram: https://instagram.com/prageru/.

SUBSCRIBE so you never miss a brand-new video! https://www.prageru.com/join/.

To view the script, sources, quiz, visit https://www.prageru.com/video/defining-liberty.

Sign up with PragerU’s text list to have these videos, totally free merchandise giveaways and breaking statements sent straight to your phone! https://optin.mobiniti.com/prageru.

Do you shop on Amazon? Click https://smile.amazon.com and a portion of every Amazon purchase will be donated to PragerU. Exact same terrific items. Exact same low rate. Shopping made meaningful.

STORE!
Love PragerU? Now you can use PragerU merchandise!

Script:.

Here’s something we can all settle on. Liberty is a terrific thing. The American Constitution says so, right in the Preamble: The Framers established the Constitution to “protect the Blessings of Liberty.”.

Why does not that provide a clear response to many of the constitutional concerns that face America today? Aren’t legislators, who testify promote the Constitution, obliged by their oaths to elect liberty?.

The issue is that liberty, like equality or justice, is a complex idea that means different things to different people. Think about, for example, one basic question: Whom do we desire liberty from?.

Well, we want liberty from a dictatorial federal government. That’s why we have a Bill of Rights, which’s why the Constitution was developed to enforce powerful restraints on the federal government (and, eventually, state federal governments)..

We likewise want liberty from foreign tyrants? What’s the point of having a government that won’t oppress us, if it can’t secure us from foreign intruders who would oppress us even more? That’s why the Preamble likewise states the Constitution is established to “provide for the typical defense.”.

To protect ourselves versus foreign tyranny, we might require to limit domestic liberty. Throughout American history, the federal government has actually likewise been seen as having the power to prepare guys to combat in wars; that’s definitely a limitation on private liberty.

We can see other examples, too.

That’s a powerful protection for liberty. That’s in part so the law can better secure us from lawbreakers intruding on our liberty.

Similarly, the Fifth Amendment offers that private property shall not “be taken for public use, without just payment.” That means that sometimes your property can be taken for public usage with payment, nevertheless much this limits your liberty to, say, continue living in your household home that has actually been condemned to make space for a highway. Often liberty does accept public advantage..

What’s more, everyone agrees that my liberty does not encompass violating your rights. However where do my rights stop and yours start?

The Constitution itself does not tell us, because it lists pretty much simply those rights that are secured versus government invasion like the complimentary workout of religious beliefs. Individuals disagree about what rights ought to be protected from expected intrusion by others– for instance, by companies, or by big companies that may attempt to suppress competitors.

What do we do about this? How do we fix all these tough concerns about liberty?

First, the Framers of the Constitution explicitly secured particular liberties, such as the liberty of speech and the right to keep and bear arms.

Second, the Framers gave the courts a major function in defining the scope of those liberties.

Third, the Framers established the structures of government– such as separation of powers– that would help secure liberty, by ensuring that no single branch of federal government could unduly limit liberty.

Then, 4th, they left the rest of the debate about liberty to the political process. Indeed, even the gravest infraction of fundamental natural liberty in American history– slavery– was eventually eliminated by the political procedure, along with of course by the Civil War, which was started and performed by elected authorities.

The Framers also thought that many decisions in individuals’s lives would not and ought to not be made by the government. They should be made by common people: which task to take, which company to begin, whom to associate with, how much to offer or buy things for, and countless other options.

For the complete script check out https://www.prageru.com/video/defining-liberty.

source

The Framers composed the Constitution to safeguard the liberty of American citizens. The American Constitution says so, right in the Preamble: The Framers developed the Constitution to “protect the Blessings of Liberty.”.

To secure ourselves versus foreign tyranny, we might need to restrict domestic liberty. Throughout American history, the government has likewise been seen as having the power to draft males to battle in wars; that’s certainly a restriction on private liberty. That’s in part so the law can better protect us from lawbreakers intruding on our liberty.