Hastings Constitutional Law Quarterly Volume 25 Article 1 Number 1 Fall 1997 1-1-1997 Rediscovering the State Constitutional Right to Happiness and Safety Joseph R. Grodin Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Joseph R. Grodin, Rediscovering the State Constitutional Right to Happiness and Safety, 25 Hastings Const. L.Q. 1 (1997). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol25/iss1/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. ARTICLE Rediscovering the State Constitutional Right to Happiness and Safety By JOSEPH R. GRODIN* Most people, at least most lawyers, are aware that of the trilogy of rights made famous by the Declaration of Independence-life, liberty, and the pursuit of happiness-only the first two made it into the Federal Con- stitution, felicity giving way, in the Fifth Amendment's due process clause, to a more sober concern for the rights of property.1 What most people, even most lawyers, are less likely to know is that fully two thirds of the state constitutions contain provisions which either declare the right of per- sons to pursue happiness or (along with safety) to actually "obtain" it. Scholars, as well as lawyers, have tended to ignore these state consti- tutional provisions, apparently regarding them as little more than pious echoes of the Declaration.