The definition of common welfare is what is in the best interests of everyone in the country while natural rights are the right to life, liberty, and the pursuit of happiness. The Declaration of Independence states that the original thirteen colonies would have independence from Britain and certain rights can’t be taken away from the people. Declaring independence from Britain was better for all the people, it was for the common …show more content…
More importance shouldn’t be placed upon common welfare or natural rights. These two terms go hand in hand with each other and one cannot be more significant than the other. The greater good of the people isn’t any more substantial than the right to life, liberty, or the pursuit of happiness because the government can’t make a law and name it for the common good if it violates our natural rights. In other words, if the next president outlaws the posting of comments about he/she on the internet, that would be a violation of the First Amendment which allows for freedom of speech. This would be serving the next president’s personal interests which is the absolute opposite of common welfare. According to the 1833 Commentaries on the Constitution of the United States written by Associate Justice Joseph Story, concluded that the General Welfare Clause (Article Ⅰ Section 8) is not a permit for legislative power, but a warrant for taxing power instead. The U.S. Supreme Court first interpreted this clause in United States vs. Butler (1936) case. The Court concluded that the power to tax and spend was limited to spending for matters only affecting the national, as opposed to the local, welfare. Justice Owen Roberts wrote that only the Supreme …show more content…
He developed the idea that everyone should have the right of “life, liberty, and property” for just being human. Thomas Jefferson used John Locke’s ideas about natural rights in the making of the Declaration of Independence where his ideas were modified to the right of “life, liberty, and the pursuit of happiness.” The law of Habeas Corpus is a court order requiring the jailer to prove to a judge, in court, that there is a reason for holding the arrested person. In context, this means that without individual rights or the Writ of Habeas Corpus, anyone could be held in jail for no particular reason without a proper court trial. Laws like Habeas Corpus and individual rights are put in place so “that all men are created equal, that they are endowed, by their Creator, with certain unalienable