Tagged: Case of Monopolies

The Case of Monopolies and the Act of 21 James I (Statute of Monopolies) “form one of the constitutional landmarks of British liberty, like the Petition of Right, the Habeas Corpus act and other great constitutional acts of Parliament. They established and declared one of the inalienable rights of freemen which our ancestors brought with them to this country. The right to follow any of the common occupations of life is an inalienable right; it was formulated as such under the phrase ‘pursuit of happiness’ in the Declaration of Independence, which commenced with the fundamental proposition that, ‘all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness.’ This right is a large ingredient in the civil liberty of the citizen. To deny it to all but a few favored individuals by investing the latter with a monopoly is to invade one of the fundamental privileges of the citizen, contrary not only to common right, but, as I think, to the express words of the Constitution.”

Source: Butchers’ Union Co. v. Crescent City Co., 111  U.S. 746, 762 (1884).