The pursuit if happiness is the fundamental problem... Not in and of itself, but because some people are not happy unless they have dominance over others, removing the other folks right to the same pursuit.
An obscure note from the history of philosophy, namely an ancient legend and a nineteenth-century response.
Some might be aware of a saying that runs through post-Christian religions, such as Satanism but also various forms of post-Qabalic ceremonial high sorcery; the common link 'twixt them would usually be Aleister Crowley.
Do what thou wilt shall be the whole of the Law.
The saying comes from Greek legend; the people of Thelema lived according to this rule, and, as you might expect, came to ruin for their excess.
One need not hold a PhD in classical literature or Greek mythology; one need only know that little bit of barstool trivia.
Modern witchcraft abides a saying called the Rede, which is simply a variation of the Law of Thelema:
An' thou harm none, do what thou will.
Again, trivia. And no, nobody really
need know either.
But the difference 'twixt the two ought to be obvious. But why the difference?
In all of history, when does liberty unbound fail to find ruin? That's why.
People seem to perceive this viscerally; the literary record of humanity's passing is littered with such tragedies.
In the contemporary American legend, though, we might simply compare functions according to the Pursuit of Happiness. Supreme Court outcomes, for instance, like
Brown v. Board of Education,
Loving v. Virginia,
Roe v. Wade, and also a string of related cases including
Romer v. Evans,
Lawrence v. Texas,
U.S. v. Windsor, and
Obergefell v. Hodges, would in this framework purport to augment access to the Pursuit of Happiness. By comparison, in recent years there have been many arguing more conservative perspectives that would pretend one's Liberty to Pursue Happiness is directly infringed if that person is forbidden to arbitrarily disrupt or prohibit the Liberty of another to Pursue Happiness.
It is difficult to understand, for instance, the purpose of asserting the Liberty to Invent Legal Doctrine sufficient to Criminalize Homosexuality Ex Post Facto as Writ of Attainder intended to Unmarry a Dead Man as any matter of one's Pursuit of Happiness or, really, pursuit of anything other than harm.
Will Americans attempt to call off the Republic for the sake of White, Male, or Christian Supremacism?
Shall we Do What They Wilt? Or shall we harm none and, y'know, whatever?
The eternal question of the difference 'twixt Thelema and the Rede is akin to the polar inquiry of human goodness or evil insofar as we might wonder whether humanity will ever be smart enough to engage Thelema in any manner not so tempered as the Witches would dare?
We might well soon test once again the question of the Pursuit of Happiness as Liberty to Arbitrarily Deprive Others Thereof, and watch who needs that argument for what. Will the question be to Deprive Others, or to Deprive the Deprivation of Others? And what do we say to or of those who are unable to discern the difference?