I agree with Professor Wood’s observation that since the American Founding, the US Constitution focuses on the protection of individual rights as opposed to the greater good. Notably, the US dwells on libertarianism, a political philosophy that upholds individual freedom as long as a person does not infringe upon the rights of others (Ebeling, 2016). John Locke was one of the influential personalities during the American Founding whose works influenced Founding Fathers such as James Madison and Thomas Jefferson. In one of his works, Locke stated that political power derives from individual freedom and, as such, a person can do as he or she pleases without depending on the input of the general society (Ebeling, 2016). He asserted that only the government could only oversee and regulate people’s liberty but not control it.
Admittedly, the evidence of constitutional individualism is evident through the Supreme Court rulings over the years. During the decision of United Public Workers v. Mitchell ( 1947), the Supreme Court acknowledged that the federal employees should not partake in political activities; this ruling served as the basis of the Ninth Amendment to date (Drill, 2018). While the Court acknowledged that the federal government has powers over the citizens, it asserted that people have inalienable rights to liberty and freedom, which the same government has the mandate to protect. The Supreme Court reinforced its belief in individual rights during the Griswold v. Connecticut (1965) ruling involving Justice Goldberg, Chief Justice Warren, and Justice Brennan ignoring the majority opinion against the use of contraception; they stated that people have certain rights which the Constitution has to defend including the right to use contraceptives (Drill, 2018). Arguably, the US Constitution appeals to individualism since it insists that people have natural rights not only over their bodies but also over their properties and leadership. Hence the reason people can defend themselves during court rulings with an expectation of protection of their “natural right” to life, property, and liberty.
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References
Drill, L.B. (2018, July 19). Constitutional individualism: The Ninth Amendment and the “natural rights of a man.” Compass. https://compassjournal.org/constitutional-individualism-the-ninth-amendment-and-the-natural-rights-of-man/
Ebeling, R.M. (2016, August 29). John Locke and American individualism . The Future of Freedom Foundation. https://www.fff.org/explore-freedom/article/john-locke-american-individualism/
