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What Does the Right to Life Liberty and Happiness Encompass

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  • 01-23-2011, 10:09 PM
    mojobadshah
    What Does the Right to Life Liberty and Happiness Encompass
    My question involves civil rights in all of the U.S.A.:

    If I'm not mistaken the Right to Due Process is loosely defined as "the right to life liberty and happiness" so does this mean that if a person could sell something like air and all the benefits that came from selling air helped him live, live freer, and live happy this person would have the right to sell air?
  • 01-23-2011, 10:27 PM
    jk
    Re: What Does Due Process (the Right to Life Liberty and Happiness) Extend to
    Quote:

    due process:

    The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law.' Courts have issued numerous rulings about what this means in particular cases.
    it means that if the government takes actions to restrict your rights in any way, you have the right to due process or to have the action reviewed to determine the legality of the action.

    in your situation, if air is illegal, the government has all rights to prevent you from selling air even if it you claim it benefits you in some way. You can challenge the constitutionality of making air illegal. That is your due process.

    and when you talk about air, I presume you are talking about marijuana.
  • 01-23-2011, 11:46 PM
    Mr. Knowitall
    Re: What Does Due Process (the Right to Life Liberty and Happiness) Extend to
    Due process is not "the right to life, liberty and happiness". Due process refers to a requirement that legal processes be reasonably designed to achieve a fair outcome (not that they be perfect in every case).
  • 01-24-2011, 06:33 AM
    flyingron
    Re: What Does Due Process (the Right to Life Liberty and Happiness) Extend to
    The pursuit of happiness is not mentioned anywhere in the Constitution.

    It is the fifth amendment that says that no person shall be denied life, liberty, or property without due process. This term derives from English Law back to the Magna Carta. It means there must be some law that establishes the procedure that these things are removed. In the case of crimes that is your court procedure in other cases it may involve the courts, or just some well established procedure for the government asserting the deprivation and a reasonable chance for the citizen to get protection from such.
  • 01-24-2011, 10:09 AM
    BOR
    Re: What Does Due Process (the Right to Life Liberty and Happiness) Extend to
    Quote:

    Quoting mojobadshah
    View Post
    My question involves civil rights in all of the U.S.A.:

    If I'm not mistaken the Right to Due Process is loosely defined as "the right to life liberty and happiness" so does this mean that if a person could sell something like air and all the benefits that came from selling air helped him live, live freer, and live happy this person would have the right to sell air?

    There is no fixed defintion of DP. However, the US SC has attempted to define what a "Liberty" is, and the pursuit of happiness is mentioned.

    One has a right to enage in the "common occupations of life", enter into contracts, marry, bring up a family, etc.

    If you want to bottle the oxygen that surrounds you, as long as you do not misrepresent what it is, sure you can sell it, ever here of a pet rock?

    If you are a chemist and wish to seperate the Nitrogen and bottle it and sell it, you need a license!!
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