Talk:Ordered liberty

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Preliminary References[edit]

Ordered liberty means creating a balanced society where individuals can act without unnecessary interference (negative liberty) and access opportunities and resources to pursue their goals (positive liberty), all within a fair legal system. Ordered Liberty seeks harmony between individual freedom and the common good while protecting rights; the term is often linked to constitutional democracies, where laws ensure individual rights and the social order. These sources and others demonstrate that the concept of ordered liberty has been a topic of discussion among constitutional scholars for many years:

"Ordered Liberty" by Randy E. Barnett, Harvard Journal of Law & Public Policy, Vol. 36, No. 2 (Spring 2013), pp. 421-446.

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.

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.

"Ordered Liberty and the Constitutional Framework" by Robert P. George, Catholic University Law Review, Vol. 49, No. 3 (Spring 2000), pp. 555-575.

"The Idea of Ordered Liberty in the Supreme Court's Substantive Due Process Jurisprudence" by David E. Bernstein, Harvard Journal of Law & Public Policy, Vol. 28, No. 1 (Winter 2005), pp. 91-113.

"The Constitution and Ordered Liberty" by Richard A. Epstein, Journal of Constitutional Law, Vol. 12, No. 2 (2010), pp. 291-314.

"Ordered Liberty in the American Constitution: The Crisis of Majoritarianism" by Lee J. Strang, University of Illinois Law Review, No. 2 (2013), pp. 375-404.

Edunoramus (talk) 15:07, 26 March 2023 (UTC)[reply]