2.2 Ordered Liberty

Two key government goals—keeping order and protecting personal freedoms—can sometimes clash. Societies need laws and systems to stay safe and stable, but if rules are too strict or power goes unchecked, people’s freedoms might be limited. On the other hand, if people have complete freedom without any rules, it can lead to chaos, harm, and a breakdown of safety and stability in society.

The framers of the Constitution recognized this dilemma and created a system of ordered liberty.

Ordered liberty is the idea that while individual freedoms are protected, some rights may be limited to ensure public safety, social stability, and the protection of others’ rights. It reflects the trade-off between personal autonomy and the need for laws that create a functioning society. This concept highlights that liberty is not absolute but operates within a framework of rules designed to benefit both individuals and the community as a whole.

This principle is central to American government and constitutional law. For example, the freedom of speech is a fundamental right, but it is not unlimited—speech that incites violence or threatens public safety can be restricted. Similarly, zoning laws may limit how private property is used to prevent harm to neighbors or preserve the character of a community. These limitations on absolute freedom are what make ordered liberty different from pure liberty, which would prioritize individual rights without regard to societal consequences.

The framers of the Constitution designed a system of ordered liberty to balance individual freedoms with the collective needs of society. The idea was not make sure certain personal rights were protected while maintaining the stability necessary for a functioning government.

Reference

Morgan, Douglas F, Richard T Green, Craig W Shinn, Robert K Robinson, and Margaret E. Banyan. 2022. Foundations of Public Service. 3rd ed: Routledge.