pursuit of happiness and personal liberty are not in the constitution, those are delineated in the Declaration of Independence, which does not hold the weight of law behind it. though in the Bill or rights there is a provision in the 5th amendment which should cover it though there are some problems with definition to consider. "No person shall...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." The problem with definition comes with two clauses 1) due process - how do we define due process, would a large tax increase be due process? legally - yes - as it was voted on by the legislatures. 2) just compensation - is redistribution of wealth just compensation? I would argue no, but many in our legislatures and this administration would argue yes. These are what should be argued when discussing constitutionality. Now universal health care might have to use another argument because it could be argued that there is just compensation.