Yes, it must be defined. Are we to define it for ourselves, or is that the job of the government to do it for us? I say the government doesn't have that right. As long as my pursuit of happiness doesn't impinge on yours, then the government has no right to tell me what to do.
Well the government is not telling you what you do in your "pursuit of happiness." All they are saying is that it cannot infringe on the rights of others. Therefore, what are the "rights of others?" I argue that they are those that are codified in law.
Further, I think if you believe in the Bill of Rights then you have ascribed to the view of the government telling you what your rights are, since that is really all the Bill of Rights is. It is an amendment put together, more or less, by the government and made law.
except that by the phrase "codified in law" you seem to be saying that a law is just because it is a law, so what is against the law is wrong because it is against the law.
I am simply stating that a framework needs to be established. I do not violate the so-called right to "pursuit of happiness" because I refuse to sell Pepsi in a store (as an example). However, you violate my right to live, if you kill me in "pursuit of happiness." It has to be codified in law, or there will be no framework, and the entire system breaks down in my view.
At issue is what should be against the law. I say we should be guided by what does and does not impinge on the rights of others. It would seem to me than anyone who has a limited government, tenth amendment, conservative sort of philosophy would agree with that, but it doesn't seem to be so.
What "should" be against the law is the most arbitrary thing I have every heard. Who will be the ones to decide that? You? Me? No. Our elected government decides that by what they codify into law, and this establishes the framework that we operate in.
As for the 10th Amendment, states are just as capable of codifying laws of their own, and they do. It does not negate the fact that rights still need to be codified into law in my view.
I think that Constitution should be followed yes, but there is legitimate debate over the 10th Amendment and the Supremacy Clause and just what that means. In terms of social issues, I am all for limited government, in terms of defense, I am all for large government. After all, the Constitution states, "provide for the common defense" before it states "promote the general welfare." Now I am clearly slanted on this view since my degrees are focused on national security, but that is how I feel on it.