User:Neutron/Ordered liberty

'Note: This is a partial draft, including notes and ideas, for a Wikipedia article. It is NOT a complete, properly-sourced or "published"article.'

Ordered liberty is a basic concept in political philosophy and particularly in United States constitutional law. The United States Supreme Court has interpreted the rights included in "due process" as being those fundamental rights that are “implicit in the concept of ordered liberty.”. As a result, the determination of whether a right is "implicit in the concept of ordered liberty" has become the basis of the doctrine of selective incorporation, by which the Court has decided which rights are enforceable against the states under the Due Process Clause of the Fourteenth Amendment to the United States Constitution, and which are not. (See Palko v. Connecticut, Lawrence v. Texas, etc.)

As a philosophical matter, the concept of "ordered liberty" expresses the balance, sought in the system of government in the United States, between absolute freedom and the system of collective obligations inherent in a government system. (Cite Edmund Burke quote (and mention he also called it "restrained liberty") and Founding Fathers quote.)

Possible sources and see also links
Incorporation (Bill of Rights) (does not mention ordered liberty, but should, since most of the selective incorporation cases do mention it.)

Palko v. Connecticut (mentions ordered liberty; overruled in Benton v. Maryland)

Due process (mentions ordered liberty)

Lawrence v. Texas (mentions ordered liberty, but it is not clear whether the opinion mentions it or just the unsourced material in the article, which seems to possibly be original research.)

Wolf v. Colorado (mentions ordered liberty)

Probably other articles on incorporation cases mention it as well.

Traditionalist conservatism mentions it but don't want this mired in current ideology -- it is consistent with both conservative and liberal viewpoints in the U.S. But to some degree it was part of a left-right split on the Court, see Hugo Black

http://research.lawyers.com/glossary/ordered-liberty.html http://www.answers.com/topic/ordered-liberty

Due Process Clause