Integrity of Private Property

Protection of the integrity of individual private property rights was felt by our Founders to be among the essential purposes for which our government was instituted.

[James Madison in The Federalist No. 54, wrote:

..."Government is instituted no less for the protection of property than of the persons of individuals. This one as well as the other, therefore may be considered as represented by those who are charged with the government..." [Emphasis mine]

The early Supreme Court in Wilkinson v. Leeland, 27 U.S. (2 Pet.) 627, 657 (1829) stated:

"The government, can scarcely be deemed free, where rights of property are left solely dependent upon the will of a legislative body, without any restraint. The fundamental maxim of a free government seem to require, that the rights of personal liberty and private property should be held sacred. At least no court of justice in this country would be warranted in assuming, that the power to violate and disregard them; a power so repugnant to the common principles of justice and civil liberty, lurked under general grant of legislative authority, or ought to be implied from the general expressions of the will of the people. The people ought not to be presumed to part with rights so vital to their security and well being."

Speaking for the modern United States Supreme Court in the case of Lynch vs. Household Finance Corp., 405 U.S. 538 (1972), Justice Potter Stewart observed:

"Property does not have rights. People have rights. The right to enjoy property without unlawful deprivation, no less than the right to speak or to travel, is in truth a 'personal right,' whether the 'property' in question be a welfare check, a home or a savings account. In fact, a fundamental interdependence exists between the personal right to liberty and the personal property right. Neither could have meaning without the other. That rights in property are basic civil rights has long been recognized."