 | The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (May 2023) |
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Ordered liberty is a concept in political philosophy, where individual freedom is balanced with the necessity for maintaining social order. In "Ordered Liberty," Randy E. Barnett examines the concept of ordered liberty and its relationship to the U.S. Constitution. He argues that the Constitution was designed to protect individual liberty within a framework of ordered liberty, which balances the need for social order with the importance of individual freedom.[1]
Barnett contends that the concept of ordered liberty is reflected in the structure of the Constitution, which limits the powers of government and protects individual rights. He argues that the Bill of rights, in particular, embodies the concept of ordered liberty by establishing a framework of negative rights that protect individual freedom while, also recognizing the need for social order. Barnett also discusses how the concept of ordered liberty has evolved, particularly in response to changing social and political conditions.
He argues that the concept of ordered liberty has been central to many of the major constitutional debates in U.S. history, including debates over civil rights, economic regulation and national security. Overall, Barnett's article offers a thoughtful analysis of the concept of ordered liberty and its importance to the U.S. Constitution.
He argues that the concept of ordered liberty is essential to maintaining a free and just society and that it continues to be relevant to many of the most pressing issues facing the United States today.
Individuals have the right to act according to their own will but laws and institutions are necessary to prevent chaos and maintain societal stability. This concept of "ordered liberty" played a significant role in determining, which provisions of the Bill of Rights applied to the states through the due process clause of the Fourteenth Amendment.
The U.S. Supreme Court has recognized many fundamental freedoms as falling under the constitutional protection of "ordered liberty," including the freedom of association, marriage, family planning, child-rearing and education. However, the Court has also held that the Constitution protects ordered liberty and that laws made in good faith to protect public health and safety are constitutional.[2][3][4][5]
- ^ "Ordered Liberty" by Randy E. Barnett, Harvard Journal of Law & Public Policy, Vol. 36, No. 2 (Spring 2013), pp. 421–446.
- ^ Pilon, R. (2008). Ordered Liberty. The Concise Encyclopedia of Economics. Library of Economics and Liberty. Retrieved from https://www.econlib.org/library/Enc/OrderedLiberty.html
- ^ Fleming, James E. and McClain, Linda C., "Ordered Liberty: Rights, Responsibilities, and Virtues" (2013). Books. 156. https://scholarship.law.bu.edu/books/156
- ^ Abraham, Henry J. 1987 Freedom and the Court: Civil Rights and Liberties in the United States, 8th ed. Kansas City: University Press of Kansas.
- ^ Rostow, N. (1974). The Fourteenth Amendment and the Bill of Rights. The Yale Law Journal, 83(6), 1045–1075. Retrieved from https://www.jstor.org/stable/795711
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