Where Liberty Meets Justice Essay

Since the Declaration of Independence was drafted founding itself on individual privileges and choice, happiness and democracy, a multitude of concerns have kindled the rights disputes that we see making law an active and continually growing and interesting area of interest today. Issues arose included women suffrage, civil equality, slavery, the ability to hold a religious forum, along with many others. And, though the context and times have significantly changed with these concerns there still remains a constant struggle between state, religion, and schools. Prayer in public schools is still a topic of conversation. The giving of religious gifts to administrators and the funding of schools through tax-payer monies are

“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.” Thomas Jefferson wrote those words to express the emotions of a nation that desired freedom, and to shake the foundation of the British Empire. However, this simple, but eloquent phrase has sparked one of the greatest debates in American history. Is America a Christian nation? One question has divided the nation and its politicians since the founding and forming of America. This fiery debate has sparked more controversy than any other debate in modern politics.

America is the universal symbol of freedom. But is it really free? Does the history of the United States stay true to the ideas of our forefathers? Or has the definition been altered to fit American policies? Has freedom defined America? Or has America defined freedom? I believe America was at first defined by freedom, then after time, America defined freedom, altering the definition to fit the niche it fits in, but still keeping key components so it still seems to be staying true to the ideas of America’s founding fathers.

From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.

One of the most important parts of the Declaration of Independence is its preamble, and, more specifically, certain phrases contained within the preamble. Thomas Jefferson does an excellent job of explaining why the colonies are doing the things they are doing, and is very clear in stating what he and his associates think are the “unalienable rights” of the American people. Among these are “Life, Liberty, and the pursuit of Happiness.” Probably one of the most famous lines in American history, I have chosen to focus on this phrase and what those three things might have meant to Thomas Jefferson and the other Founding Fathers as they prepared this document, as well as what they mean to us today.

"If the fires of freedom and civil liberties burn low in other lands, they must be made brighter in our own. If in other lands the press and books and literature of all kinds are censored, we must redouble our efforts here to keep them free. If in other lands the eternal truths of the past are threatened by intolerance, we must provide a safe place for their perpetuation." Franklin Delano Roosevelt, 1938 (Isaacs 66)

Civil Liberties and Civil Rights are two terms that are often used interchangeably in America. Since the founding of our nation there has always been the debate of the limit of government and what rights were guaranteed to each individual. Many of the architects of our government feared that national government could one day become too powerful and begin to infringe on the individual rights of the citizens. As a result, a Bill of Rights was added to our constitution. The Bill of Rights serves as a guide of what the government cannot do. Civil Liberties simply establish precedent on what rights the United States government cannot abridge on. Civil Rights, on the other hand applies to the rights of individuals. Over the history of our nation the question of civil rights has found itself becoming a pillar of our legal system and has been very instrumental in our quest to become a “more perfect union”. In recent history one civil liberty that has caused a continual controversial debate is the second amendment, in addition to how it applies to gun control measures that are being proposed in order to decrease the level of mass shootings. The second amendment clearly defines the intention of individuals to have the right to bear arms. In order to understand why gun control advocates have failed to secure effective gun control legislation, we must explore the reasoning why the second amendment is interpreted the way it is and should Americans be allowed to own guns?

The United States criminal justice system have been known to be one of the most injustice system in the world. Criminal justice is known as the system of law enforcement, involving police, lawyers, courts, and corrections, used for all stages of criminal proceedings and punishment (Dictionary.com). One of the most heartbreaking things that happen in the United States every year is innocent people being condemned for crimes that

In his book, Unlearning Liberty (2014) Greg Lukianoff, President of the Foundation for Individual Rights in Education (FIRE) asserts that violations of free speech— whether by students, faculty, or administration—will have devastating effects in greater society. Lukianoff supports his assertion by describing cases he has seen throughout his career at FIRE. From administration punishing students to professors getting fired for clearly protected speech. Lukianoff’s purpose is to point out the misguided lessons about freedom that are being taught on campus and to encourage his audience to stand up for freedom on campus. Lukianoff writes in an earnest tone to an audience who recognizes the importance of freedom in America society.

Life… Liberty… and the pursuit of happiness. The 3 things that we, as Americans all share, and that itself, cannot be taken away from us, unalienable rights, as you would put it. But, what are these things, and what do they mean. Today, I will go in depth of what they actually are.

America today is permeated with natural law. Our founders were subscribers to natural law and believed that man’s inner morality can lead to sustaining a civil society. The forefathers of America were from different denominations that ranged from Presbyterian to Catholism. Some were even Deists. Even though their denominations varied, they all united under the idea that their Creator was the source of their reason (Levin 2009, 26). The result of these beliefs produced a religious liberty throughout the country. That liberty still stands today. Natural law, contrary to the thoughts of its non-supporters, does not make a country into a theocracy. Since God’s laws are universal, the creed of a person does not change the fact that they entitled to their God-given rights. The founders were extremely foresighted because they acknowledged that liberty is inseparable from religious liberty (Levin 2009, 29). Another example of how natural law is in America’s founding is the right for citizens to disobey man-made laws that tyrannical in nature. All laws that are not given by the consent of the governed have the potential to be overthrown. America’s Declaration of Independence even says that the people should go as far as overthrowing the government if it becomes too powerful (Levin

For centuries, the debate has existed whether or not to allow prayer in public schools. Many Americans feel it is not right of the schools to teach religion. With all the diversity associated with the United States, public schools cannot select one standard religion to practice, due to the cultural and religious differences in the country. Not only are schools the storm center of controversy involving religious differences, they are the principal institution charged with transmitting the identity and mission of the United States from one generation to the next. If we fail in our school policies and classrooms to model and to teach how to live with differences, we endanger our experiment in religious liberty and our

America is commonly called the “Land of the Free”, but the abundance of liberties, and liberties for all, has not always been the case. The Puritans were some of the first to settle in the New World, but they were self-interested and did not come with the purpose of creating a free state for all. As time progressed, so did their believes, and by the time Tocqueville arrived from France, liberty was an important aspect of American life. So important that people would fight and die for it. Tocqueville, while impressed at the amount liberty and freedoms that citizens had, believed that America had a long way to go before it could call itself a truly free country. Fast forward over a hundred years later, and John Rawls lived in a time were the

Martin Luther King Jr. once said, “Our lives begin to end the day we become silent about things that matter.” Mother Jones stood up and fought for workers’ rights for mere children, marching with some all the way to the president to talk to him. Cesar Chavez was a well-known immigrant workers’ rights activist who had lived through the conditions he was trying to prevent. Emma Watson is a young feminist who is adamant about her cause and speaks out to the world. These chosen individuals may have campaigned for different things, but they all fought for enacting simple equality for everybody using a drive of passion and courage.

In the world we live in today, we have many similarities to the ancient world and other past societies. Many things have changed and many things have not changed. Somethings that have not changed that the author Thomas Massaro writes about in his novel Living Justice is what we as people discuss in private verse what we talk about in public. As children, we are taught to discuss only things that are “free” for others to hear like a sports game last night, or of a movie we recently saw. We are taught to speak in private about medical affairs, politics, and religion. The focus will be about the moral and ethical dilemma of voicing ones religious faith in the public square.