US: Born Free, Equal Profession a Constitutional Right

• The "born free and equal" clauses, originating in the Declaration of Independence, are present in 37 out of 50 state constitutions today.
• These clauses were found in 6 of 12 state constitutions in 1791 and 24 of 37 in 1868, demonstrating their historical prevalence.
• Article I of the Massachusetts Constitution of 1780 exemplifies these clauses, enumerating rights such as life, liberty, property, safety, and happiness.
• A recent legal analysis applies this historical framework to the fundamental, yet often overlooked, right to pursue one's chosen profession or livelihood.
• This economic right is deemed as vital to a free society as other fundamental liberties, according to the analysis.

This fundamental economic right, often receiving less attention than other liberties, is presented as equally vital to a free society.

The "born free and equal" clauses, foundational to American jurisprudence, have a long and significant history, influencing constitutional law and Supreme Court interpretations. These principles first appeared in the Declaration of Independence and were present in a substantial number of early state constitutions. Specifically, when the federal Bill of Rights was ratified in 1791, six out of twelve state constitutions included such clauses. Their prevalence grew, with twenty-four out of thirty-seven state constitutions featuring these provisions by the time the 14th Amendment was ratified in 1868. Today, these clauses are enshrined in thirty-seven out of fifty state constitutions, underscoring their enduring relevance.

A prominent example of this foundational concept is Article I of the Massachusetts Constitution of 1780. This article declares that "All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness." This language illustrates the comprehensive scope of rights envisioned under the "born free and equal" framework, encompassing personal freedom, property ownership, and the pursuit of well-being. The deep historical roots and traditional significance of these "born free and equal clauses US" have been a central theme in a series of recent legal analyses.

Previous installments in this analytical series explored the application of the "born free and equal" concept to various contemporary legal issues, including abortion prohibitions, same-sex marriage, and eugenics laws. The author contended that certain legal positions, such as laws against abortion, the right to possess a firearm in one's residence, and the right to civil marriage, are deeply rooted in longstanding American tradition and history, thereby aligning with the principles embedded in these clauses. This broader interpretation highlights how the "Declaration of Independence constitutional interpretation" can inform modern debates on fundamental rights.

Building upon this extensive historical and legal groundwork, the current analysis shifts its focus to a critical, yet often underappreciated, aspect of individual liberty: the right to pursue a chosen profession or livelihood. This particular economic right, which underpins professional liberty constitutional law, is presented as fundamental to a free society. It is argued that this "right to pursue livelihood US" deserves comparable attention to other widely recognized civil liberties, despite its relative obscurity in public discourse. This emphasis on the "born free equal profession constitutional right" underscores its importance within the broader spectrum of individual freedoms.

The right to engage in one's chosen profession is not merely an economic convenience but is posited as a cornerstone of a truly free society. This "US constitutional right to work" is deemed as vital to individual autonomy and societal well-being as other fundamental protections, such as freedom of expression, religious practice, and assembly. The analysis suggests that overlooking this aspect of liberty diminishes the comprehensive understanding of what it means to be "born free and equal."

This perspective aligns with the broader implications of the 14th Amendment economic rights, which, while often associated with due process and equal protection, implicitly support the ability of individuals to earn a living and contribute to society. The argument is that without the freedom to pursue a profession, the other liberties guaranteed by the Constitution and state clauses lose some of their practical meaning. This fundamental economic right, often receiving less attention than other liberties, is presented as equally vital to a free society.

Source: Original reporting via constitutional analysis.