The concept of liberty is a cornerstone of political philosophy that shapes our understanding of rights and the ethical frameworks that govern society. Traditionally, liberty has been divided into two distinct categories: negative liberty, which emphasizes freedom from interference, and positive liberty, which focuses on the capacity to act upon one’s free will. This duality has fueled a persistent debate among scholars and policymakers about the nature and implications of freedom. This Note rejects liberty as a binary construct and instead promotes a unified concept that denies the supposed antagonistic nature of negative and positive freedom. Importantly, this paper focuses on the direct effect this theory has on human rights, underscoring that liberty, as it should be recognized, accounts for robust human rights that encompass civil, political, economic, and social dimensions.

This Note argues that the Founding Fathers, who were profoundly influenced by the works of philosophers such as Aristotle and Locke, shared in this holistic understanding of liberty, and this unified conception of liberty has significant implications for constitutional interpretation, particularly in relation to the considerations of “life and liberty.” The interpretation of liberty as a unified concept has practical ramifications, especially in contemporary challenges surrounding healthcare, housing, and education. As these issues become increasingly contentious, it is crucial to consider how policies can honor both personal freedoms and the imperative of social welfare. Recognizing liberty as an interrelated concept leads to a more equitable and just society that respects individual autonomy while ensuring access to essential services.

This Note explores the unified concept of liberty in six sections. Section I presents a triadic system of freedom: an agent, certain preventing conditions, and certain doings or becomings of the agent. This one concept of freedom effectively demonstrates how the dichotomy between positive and negative freedom is false. Section II explores historical perspectives, focusing on how Aristotle and Locke influenced the Founders’ approach to liberty, then demonstrates the effect this has on Constitutional interpretation: the recognition of the guarantee of social and economic rights. Section III explains how positive liberty results in positive rights and uses property rights to demonstrate that a system of both positive and negative rights is needed in order to justify many kinds of rights. Section IV identifies two key moments in American history—Franklin D. Roosevelt’s “Second Bill of Rights” and Jimmy Carter’s advocacy of human rights treaties—which demonstrate how the realization of liberty in the form of positive rights can fulfill the Constitution’s promise of liberty. Section V explains the practical implications of this system. First by showing how certain agendas, such as former Secretary of State Mike Pompeo’s “Commission on Unalienable Rights,” fail to adequately account for human rights, and then by identifying how certain rights can be realized, such as a right to healthcare and housing. Finally, Section VII explains how this framework imposes ethical and professional duties on attorneys, particularly when advocating for a broader and more inclusive interpretation of liberty.

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