View Full Version : Reclaiming Property Rights in America

01-03-2019, 10:11 AM

In 1972 Justice Potter Stewart questioned the dichotomy between personal liberties and property rights. He observed:

In fact, a fundamental interdependence exists between the personal right to liberty and the personal right to property. Neither could have meaning without the other. That rights in property are basic civil rights has long been recognized.

Unfortunately, the implicit premise of this comment that property should receive the same degree of judicial protection as other rights has never been realized in the post- New Deal constitutional order. In an era of big government and the welfare state perhaps the property-centered vision of the framers cannot be reclaimed. But any change must start by fundamental rethinking about the vital place of private property in our constitutional system. If nothing else, decisions such as Kelo have helped to put property rights issues back in the spotlight. Heightened awareness may be the first stop toward the restoration of the constitutional safeguards for property owners.


“Private property is absolutely essential for liberty” - John Locke


01-04-2019, 11:32 PM
Almost all "private property" today belongs to government. I know this because if a person fails to pay the rent (TAX) on time, they charge interest or eventually they take it away.

I have read discussions where the 3rd Amendment protects property rights.