Monday, May 21, 2018

Should Property Rights be Spelled out in Our Constitution?

   One wonders if property rights should be more clearly spelled out in our Constitution. Oh, the Constitution is clear that owning property is a right:
   "No person shall . . . be deprived of life, liberty, or property, without due process of law . . ." the Fifth Amendment
   "(N)or shall any State deprive any person of life, liberty, or property, without due process of law . . . " -- the Fourteenth Amendment
   But, what rights come with owning property? Do you have the right to restrict others from entering, from trespassing? We have laws on locking weapons up, but should property rights preempt such laws? If you own the property, should it be your decision as to whether you lock up your guns? Should you be allowed to run around naked on your own property? Is what a person does in the sanctity of his own home, his own business?
  Some of the rights that come with owning property would seem to fall in the classification of inalienable rights. Surely, for example, you have the right to restrict others from entering your domain. By definition, that seems to be your right, whether any law spells it out or not.
  There is at least one place in the Constitution that addresses property rights. The Fourth Amendment says, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."

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