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Edited on Mon Nov-22-10 05:18 PM by OneTenthofOnePercent
Although there is a bit of enshrinement of the concept through protected acts (ie: marriage) at the federal level while not explicitly outlined by edict, and several state constitutions may actually outline "pursuit of happiness" as a protected right... there is no federally enforceable right to the pursuit of happiness. The phrase to which you refer is found in the Declaration of Independence. It is The Constitution, which contains the Bill of Rights and Amendments, that the courts and the executive branch may actually be empowered and sworn to protect/enforce. Said otherwise, the Declaration of Independence itself has no binding effect in courts. Ergo, you have no federally recognized "right to the pursuit of happiness".
Also, I don't believe the phrase "pursuit of happiness" means what modern English would suggest. I mean to say, "happiness" in the sense of elevated serotonin levels (ie: haha, lol, smiles, etc.) may not been what the founding fathers had in mind whan drafting that phrase. There is evidence to suggest that when Jefferson referred to the “pursuit of happiness” he meant things like working, which were assumed to contribute to the individual virtue.
For situations in which actual rights conflict there is due process through the courts to settle disputes. For a clearer idea of the pursuit of happiness see Butchers Co. v. Crescent City Co. (1884), "The right to pursue any lawful business or vocation, in any manner not inconsistent with the equal rights of others, which may increase their prosperity or develop their faculties, so as to give them their highest enjoyment."
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