The notion that individuals are “born free and equal,” a foundational principle in many state constitutions, has implications that extend to the economic sphere, specifically in the context of the right to pursue a profession of one’s choice. This principle, emphasized in historical documents such as the Declaration of Independence and various state constitutions, is not only concerned with civil liberties but also encompasses the economic freedoms that underpin a free society. One current debate involves whether occupational licensing laws, which now affect over 20% of U.S. workers across numerous professions, infringe upon these economic rights.
Historically, the Massachusetts Constitution of 1780 encapsulated this idea by asserting the right of individuals to seek and obtain their safety and happiness, which arguably includes the ability to freely enter a chosen profession. In judicial history, the 1823 case of Corfield v. Coryell outlined a deeply rooted right for citizens to engage in trade and professional pursuits, reinforcing the notion that economic liberty is intertwined with the tenets of personal freedom.
The 1955 Supreme Court case Williamson v. Lee Optical Co is particularly illustrative of the tension between regulatory goals and economic freedoms. Oklahoma’s law requiring written prescriptions from licensed professionals for replacing eyeglasses effectively shuttered opticians like the Lee Optical Company, raising concerns about monopolistic tendencies and excessive regulation at odds with the founding principles of “common benefit” enshrined in early state constitutions.
Some legal scholars argue that economic regulations, such as occupational licensing laws, should be reassessed under a rigorous scrutiny that respects the historic “born free and equal” provisions. Many democratic nations including Germany and Japan recognize the right to occupational freedom in their legal frameworks, suggesting a global acknowledgment of this right’s significance. The debate continues as to whether the U.S. legal landscape should adapt to better protect the right of individuals to pursue a profession of their choice, aligning more closely with both historical context and current international norms.
For further insights on how these clauses impact constitutional law and their implications for economic rights, the full detailed discourse is available here.