There is much scholarly support (cited below), both recent and historical, for the proposition that motorcycling is not merely recreational. Motorcycle enthusiasm is a meaningful way to pursue a whole slew of noble pursuits: freedom, purpose, mindfulness, mental clarity, community, emotional balance, emotional connection to others, and personal growth and fulfillment.
The Phraseology
The Declaration of Independence, upon which this country was formed, includes recognition that all of us have an unalienable right to the “pursuit of happiness.”
In particular, the exact language provides:
“We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.” (grammar, including capitalizations, as found exactly in the document).
Interestingly, the U.S. Constitution does not contain the phrase pursuit of happiness, but the Supreme Court and other federal courts have included the phrase in judicial decisions, recognizing that the pursuit of happiness is protected as a due process right under the 5th and 14th Amendments.
Without going into tedious detail, the phrase pursuit of happiness is traceable to words initially drafted by Thomas Jefferson as part of the Declaration of Independence. Jefferson did not invent the concept or phrase on his own, but he drew upon a rich tradition of classical philosophy, natural-law theory, and Enlightenment thought — the writings of John Locke, Francis Hutcheson, and George Mason.
Specific Recognition in South Dakota
In South Dakota, there is a specific constitutional protection for the pursuit of happiness, in S.D. Const. art. VI, § 1. (“All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of happiness.”) Furthermore, the South Dakota Supreme Court has specifically stated, “This Court fully recognizes that the meaning of ‘liberty’ must be broad indeed. It denotes not merely freedom from bodily restraint, but the freedom to enjoy those privileges long recognized as essential to the orderly pursuit of happiness by free men.” Carlson v. Hudson, 277 N.W.2d 715, 719 (S.D. 1979) (emphasis added).
When asked about the peculiarity of South Dakota’s provision, Constitutional Law scholar Professor Patrick M. Garry (USD Knudson School of Law) provided the following insight: “[W]hat made the [South Dakota] framers actually insert that phrase? Was it just to emulate the Declaration? Or does it say something more profound? As if the whole point of constitutional governance is the happiness and well-being of the people? Not the structure of government or particular substantive issues, but simply the happiness of the people[?]”
Fulfillment in the Sturgis Rally
To be sure, Jefferson’s pursuit of happiness was not a guarantee of happiness itself. Rather, it recognized every person’s right to seek a fulfilling life according to his or her own values, free from unnecessary governmental interference. For hundreds of thousands of motorcycle enthusiasts, motorcycling represents that pursuit exactly. Riders are not merely traveling from one place to another; they are exercising personal liberty, embracing adventure, building friendships, and seeking the kind of meaningful life that Jefferson would have described as happiness.
Authorities: Judith Roberts, Finding Stillness in Motion (2026); Stefan Kruger, Soul Searching on the Wings of My Wheels (2018); Stefan Kruger, Consumer Well-being à la Maslow (2018); Robert M. Pirsig, Zen and the Art of Motorcycle Maintenance (1974); Meyer v. Nebraska, 262 U.S. 390 (1923); Pierce v. Society of Sisters, 268 U.S. 510 (1925); Loving v. Virginia, 388 U.S. 1 (1967); Obergefell v. Hodges, 576 U.S. 644 (2015); Carlson v. Hudson, 277 N.W.2d 715, 719 (S.D. 1979).
Note: The author wishes to Professor Patrick M. Garry, Attorney Sarah Baron Houy, and Claudia Baron for their input and assistance in preparing this week’s column.
Anyone desiring to communicate with the Author, may do so by sending an e-mail to the author at rogermbaron@gmail.com .
Roger Baron is a guest columnist for the Rapid City Post. Opinions expressed may not necessarily represent the views of the Rapid City Post, its affiliates, or advertisers.
