As we reflect on significant milestones, it’s striking that the Trump administration chose to commemorate the Declaration of Independence’s 250th anniversary by showcasing underpaid fighters—struggling without healthcare—engaged in battles for the $7.7 billion UFC empire, all while some cash in with crypto rewards.
By Fran Quigley, Director of the Health and Human Rights Clinic at Indiana University McKinney School of Law. Originally published at Common Dreams.
In our law school’s eviction court clinic, we regularly witness parents rushing in from their jobs, still donned in fast-food and healthcare uniforms, desperate to delay the day they and their children may have to sleep in their car. We encounter seniors and individuals with disabilities on the brink of eviction because their rent money was spent on medications. These scenes reflect the stark reality faced by the 43 million Americans experiencing hunger.
Each person in such turmoil stands in stark contrast to the fundamental promise of the Declaration of Independence. As we honor its 250th anniversary, it’s essential to reaffirm our commitment to the pursuit of happiness, which necessitates that our government secures the basic economic needs of all citizens.
From its inception, the United States has acknowledged economic rights. The second paragraph of the Declaration of Independence asserts that our government is tasked with safeguarding the pursuit of happiness as an unalienable right. Despite their imperfections, the founders recognized that fulfilling this promise included ensuring basic needs were met.
“Not a Charity but a Right”—The Founders and Government’s Role in Ending Poverty
The principal author of the Declaration, Thomas Jefferson, expressed concern about the detrimental impact of poverty on democracy. He argued that natural rights are compromised when some prosper while others struggle, insisting that the government must intervene to correct this injustice, even advocating for progressive taxation.
Other founders echoed these sentiments. Alexander Hamilton clarified that the General Welfare Clause in Article I, Section 8 of the US Constitution empowers the government to address unmet economic needs. Meanwhile, James Madison urged the new nation to create laws that would “reduce extreme wealth toward a state of mediocrity, raise extreme indigence toward a state of comfort.”
For 18th-century leaders, government intervention was practical rather than theoretical. Colonial authorities implemented price controls on essential food items and regulated gristmills to keep the price of bread affordable for everyone.
Thomas Paine, a seminal figure behind the American Revolution and author of the influential pamphlet Common Sense, championed the need for wealth redistribution through progressive taxation. He advocated for direct government interventions to alleviate poverty, such as old-age pensions, support for families with young children, the creation of job opportunities, and a basic income. He famously declared, “It is not charity but a right—not bounty but justice that I am pleading for,” he stated.
The Meaning of the “Pursuit of Happiness”
Delving into the historical context, it becomes apparent that the 1776 commitment to securing the “pursuit of happiness” includes the responsibility to meet subsistence needs. Law professor and dean Linda Keller’s extensive examination of political thought and contemporary interpretations of this critical phrase reveals that basic economic rights are at the heart of our nation’s foundation.
“Its inclusion was not merely rhetorical; rather, the pursuit of happiness established an ‘unalienable right’ with economic dimensions,” Keller articulates. “Minimum needs, such as food, shelter, and clothing, must be met for individuals to pursue happiness. Hence, the government has an obligation to create conditions that facilitate this pursuit.”
Many scholars have echoed this sentiment over the years. “The Declaration of Independence illustrates a government’s active role in safeguarding rights,” writes law professor Bert Lockwood. “The concept of happiness, as understood in the 18th century, cannot be divorced from material well-being. Access to basic necessities like shelter and healthcare is fundamentally tied to the notion of happiness.”
Charles Black, a civil rights advocate and veteran Yale Law professor, emphasized the importance of material conditions for happiness: “The possession of a decent material basis for life is an indispensable condition for almost all people at all times, to the pursuit of happiness,” Black remarked. “For those living in poverty, the right to pursue happiness remains a faint illusion.”
“Necessitous Men are not Free Men”
Since the time of the founders, US leaders have reiterated that freedom and democracy cannot thrive without first ensuring that basic human needs are met.
“Necessitous men are not free men,” Franklin Roosevelt proclaimed, laying the groundwork for a Second Bill of Rights aimed at guaranteeing access to housing, healthcare, and living wages.
Shortly thereafter, the international community acted on Roosevelt’s vision. Almost every nation has ratified the International Covenant on Economic, Social, and Cultural Rights, affirming rights to housing, healthcare, and livable incomes by law.
In contrast, the United States has failed to ratify the ICESCR treaty. This lack of action corresponds with the US falling behind other wealthy nations that have ratified this treaty and successfully implemented comprehensive programs that ensure housing, healthcare, and adequate incomes for their citizens. In these countries, the disheartening eviction scenarios we witness weekly are virtually nonexistent.
We have the capacity to improve our situation. American voters consistently express concern regarding growing wealth inequality, show support for a government job guarantee, and advocate for recognizing housing and healthcare as rights enforced by the government.
These rights are essential for pursuing happiness. The founders recognized this truth, and so must we. As we celebrate the 250th anniversary, let us commit to honoring the true promise of the Declaration of Independence.
