Happy Independence Day!
Looking at a fundament right we have, though it isn't mentioned anywhere.
We are close to the Indepdendence Day holiday here in the United States and it makes one think about the rights that are expressed in our Bill of Rights, a fundamental part of our Constitution, the foundation of our republic. And when we think about the rights that define us as Americans, we often point to the freedoms enshrined in the Constitution: freedom of speech, religion, assembly, and the press. But there is another right, just as fundamental, though it appears nowhere in government documents: the right to give to others. This right is the foundation of philanthropy, and it allows us to share love, hope, and support with those around us.
The Power of Private Giving
The right to give is more than just a personal act—it is a pillar of American society. Philanthropy in the United States is a vibrant tradition, with roots stretching back to the early colonial period. From the Puritans founding Harvard College to the modern-day generosity that supports everything from education to healthcare and the arts, Americans have always understood the importance of giving. Today, the majority of charitable dollars come from individuals, who gave $374 billion in 2023 alone.
Private giving is not just about money. It is about time, talent, and compassion. It is about community members stepping up to help each other in times of need, whether through volunteering, mentoring, or simply offering a helping hand. The act of giving is a way to express love and solidarity, to show that we care for one another and are invested in each other’s well-being.
The Constitutional and Cultural Foundations
While the right to give is not explicitly mentioned in the Constitution, it is robustly protected under the First Amendment’s guarantees of freedom of association and speech. Supreme Court cases, such as Americans for Prosperity Foundation v. Bonta, have upheld the right of Americans to give and associate privately, recognizing that donor privacy is essential to a healthy civil society. The Court has affirmed that the right to associate must include the right to associate privately, ensuring that individuals can support causes they believe in without fear of reprisal or unwanted attention.
This protection is not just legal—it is cultural. Americans value the freedom to give how, when, and where they choose. This freedom fosters innovation and allows for a diverse landscape of organizations addressing a wide range of social challenges. It is a tradition that has empowered movements for abolition, women’s suffrage, civil rights, and more, often relying on the courage and generosity of anonymous donors.
Compassion in Action: The Essence of Philanthropy
At its heart, philanthropy is an expression of compassion. It is about sharing power, building trust, and investing in the growth of others. When we give, we are not just transferring resources—we are sharing a part of ourselves, our values, and our hope for a better world.
Philanthropy is also about humility and empathy. It is about recognizing that everyone has something to give, whether it is money, time, or kindness. “No one has ever become poor by giving,” wrote Anne Frank, and Mother Teresa reminded us, “It’s not how much we give but how much love we put into giving”. These words capture the essence of the right to give: it is a privilege and a responsibility, a way to make a difference in the lives of others and in our communities.
The Impact of Giving
The right to give is not just a personal benefit—it is a social good. Philanthropy fuels American generosity, supporting a nonprofit sector that employs 11% of the U.S. workforce and touches every aspect of society. It enables innovation, risk-taking, and the testing of new ideas to address complex problems. By protecting the freedom to give, we ensure that our society remains dynamic, compassionate, and resilient.
Moreover, giving is a source of joy and fulfillment. “Those who are happiest are those who do the most for others,” and “Happiness doesn’t result from what we get, but from what we give”. The act of giving connects us to each other, strengthens our communities, and reminds us of our shared humanity.
The right to give is one of the most important rights we have as Americans, even if it is not written in any government document. It is a right that allows us to express love, build community, and shape a better future for all. By honoring and protecting this right, we uphold the best traditions of American philanthropy and ensure that generosity remains at the heart of our society.