法律英语：107 Is the Pursuit of Happiness a Legal Right?

Hello, and welcome to Legal Lad’s Quick and Dirty Tips for a More Lawful¹ Life. I’m your host, Adam Freedman.

But first, your daily dose of legalese: This podcast does not create an attorney-client relationship with any listener. In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.

The Declaration of Independence and the Pursuit of Happiness

This week, in honor of the 4th of July, we ask: does the Declaration of Independence actually protect your right to pursue happiness?

The short answer is that Declaration itself has no binding² effect in courts; however, the concept of the “pursuit of happiness” has been enshrined in a number of state constitutions and in judicial³ interpretations⁴ of the US Constitution. So go ahead and pursue happiness -- and I hope you’ll start by listening to the rest of the podcast.

On the 4th of July, we celebrate barbecue, cold beer, fireworks – and the signing of the Declaration of Independence, even though (and not to be know-it-all) the document was actually signed on July 2nd.

What is the Declaration of Independence, Exactly?

As we explained in an earlier episode, the Declaration has no binding effect on US courts. And that’s because the Declaration was never intended to set forth⁵ domestic law; rather, it was meant to be an instrument of international law. The Declaration was an assertion that the British Crown had forfeited⁶ its sovereignty over the American colonies and that those colonies now formed an independent nation. In the hope of persuading other countries to recognize the new nation, the Declaration lists some 30 grievances⁷ against King George.

And yet the stirring words of the Declaration’s preamble⁸ -- drafted by Thomas Jefferson -- have had a lasting⁹ influence on American law. As you’ll recall, the preamble states 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.

The Constitution and the Pursuit of Happiness

After the American Revolution was won, and it was time to draft the Constitution, the founders¹⁰ latched¹¹ on to the “life and liberty” bit of the Declaration, and then added “property” to the mix. Thus, the Constitution guarantees the rights of “life, liberty, and property” in the 5th Amendment¹² to the Constitution, and then again in the 14th Amendment, which protects those rights against interference by the states. But the “pursuit of happiness” sort of got left on the cutting room floor.

Nonetheless, the “pursuit of happiness” did find a home in a number of state constitutions, including those of Massachusetts, Virginia, and Wisconsin. That right is rarely litigated; however in one case, a Massachusetts Court held that the ability to work as an undertaker is part of the “pursuit of happiness.” It might be hard for some of you to believe that working with corpses¹³ can bring “happiness,” but the judge in that case actually stated that there were “grave reasons” to support his conclusion. Who says judges don’t have a sense of humor?

What Does the Pursuit of Happiness Mean?

There is evidence to suggest that when Jefferson referred to the “pursuit of happiness” he did mean things like working, which were assumed to contribute to the individual virtue¹⁴. Jefferson himself observed that “virtue is the foundation of happiness.” But this was also a standard use of the term “happiness” in the late 18th Century.

The US Supreme¹⁵ Court did belatedly discover the “pursuit of happiness” when interpreting the 14th Amendment to the Constitution. In the 1923 case of Meyer v. Nebraska, there was a challenge to a state law prohibiting the teaching of foreign language to elementary and middle school children. Speaking for the court, Justice McReynolds stated that the liberty guaranteed by the 14th Amendment includes not only freedom from restraint, but also, the right to work, to raise a family and, “generally to enjoy those privileges long recognized as essential to the orderly pursuit of happiness by free men.”

You’ll note that the court referred not to an unfettered pursuit of happiness, but to the “orderly” pursuit of happiness; in other words, you can’t pursue happiness to the point of breaking the law or violating other people’s rights. Fair enough.

Is Summer Homework Unconstitutional?

The Myer decision was cited just a few years ago by a Wisconsin high school student and his father, who tried to get the courts to declare summer homework unconstitutional. The case was tossed out, but summer slackers must not abandon all hope. There was a movement in the 1970’s to pass a so-called “Happiness Amendment” that would have given Constitutional protection to the right to wear bell-bottom jeans, listen to disco, and whatever else people did in the 1970s. Granted, it didn’t pass, but maybe it’s time to revive that Amendment as kind of emotional stimulus¹⁶ package. In the meantime, do your best to pursue happiness this 4th of July!

You can send questions and comments to..........or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

2 binding   

有约束力的，有效的，应遵守的

参考例句：

• The contract was not signed and has no binding force. 合同没有签署因而没有约束力。
• Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

3 judicial   

adj.司法的，法庭的，审判的，明断的，公正的

参考例句：

• He is a man with a judicial mind.他是个公正的人。
• Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。

4 interpretations   

n.解释( interpretation的名词复数 )；表演；演绎；理解

参考例句：

• This passage is open to a variety of interpretations. 这篇文章可以有各种不同的解释。 来自《简明英汉词典》
• The involved and abstruse passage makes several interpretations possible. 这段艰涩的文字可以作出好几种解释。 来自《现代汉英综合大词典》

5 forth   

adv.向前；向外，往外

参考例句：

• The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
• He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

6 forfeited   

（因违反协议、犯规、受罚等）丧失，失去( forfeit的过去式和过去分词 )

参考例句：

• Because he broke the rules, he forfeited his winnings. 他犯规，所以丧失了奖金。
• He has forfeited the right to be the leader of this nation. 他丧失了作为这个国家领导的权利。

7 grievances   

n.委屈( grievance的名词复数 )；苦衷；不满；牢骚

参考例句：

• The trade union leader spoke about the grievances of the workers. 工会领袖述说工人们的苦情。 来自《现代英汉综合大词典》
• He gave air to his grievances. 他申诉了他的冤情。 来自《简明英汉词典》

8 preamble   

n.前言；序文

参考例句：

• He spoke without preamble.他没有开场白地讲起来。
• The controversy has arisen over the text of the preamble to the unification treaty.针对统一条约的序文出现了争论。

9 lasting   

adj.永久的，永恒的；vbl.持续，维持

参考例句：

• The lasting war debased the value of the dollar.持久的战争使美元贬值。
• We hope for a lasting settlement of all these troubles.我们希望这些纠纷能获得永久的解决。

10 founders   

n.创始人( founder的名词复数 )

参考例句：

• He was one of the founders of the university's medical faculty. 他是该大学医学院的创建人之一。 来自辞典例句
• The founders of our religion made this a cornerstone of morality. 我们宗教的创始人把这看作是道德的基石。 来自辞典例句

11 latched   

v.理解( latch的过去式和过去分词 )；纠缠；用碰锁锁上（门等）；附着（在某物上）

参考例句：

• The government have latched onto environmental issues to win votes. 政府已开始大谈环境问题以争取选票。 来自《简明英汉词典》
• He latched onto us and we couldn't get rid of him. 他缠着我们，甩也甩不掉。 来自《简明英汉词典》

12 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

13 corpses   

n.死尸，尸体( corpse的名词复数 )

参考例句：

• The living soldiers put corpses together and burned them. 活着的战士把尸体放在一起烧了。 来自《简明英汉词典》
• Overhead, grayish-white clouds covered the sky, piling up heavily like decaying corpses. 天上罩满了灰白的薄云，同腐烂的尸体似的沉沉的盖在那里。 来自汉英文学 - 中国现代小说

14 virtue   

n.德行，美德；贞操；优点；功效，效力

参考例句：

• He was considered to be a paragon of virtue.他被认为是品德尽善尽美的典范。
• You need to decorate your mind with virtue.你应该用德行美化心灵。

15 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

16 stimulus   

n.刺激，刺激物，促进因素，引起兴奋的事物

参考例句：

• Regard each failure as a stimulus to further efforts.把每次失利看成对进一步努力的激励。
• Light is a stimulus to growth in plants.光是促进植物生长的一个因素。