Private Property
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Main Content
Private Property
Annotation
The Constitution protects private property from being taken by the government without due process of law and without appropriate compensation. Private property was thought by the founders of the Constitution to be on par with life and liberty (hence the phrase life, liberty and property). The nature of citizens’ property rights has been one of the most controversial Constitutional issues in American history. It was just as controversial in the 18th century, so much so that Jefferson replaced the word property in the popular phrase “life, liberty, and property” when he wrote the Declaration of Independence. The phrase dates to the late 17th century and the political philosopher John Locke who argued that the protection of individuals’ rights to life, liberty and property was the reason that government should exist. Jefferson was uncomfortable with the idea of property and replaced the word with the term “pursuit of happiness.”
Citations
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Citations
Amendment 5
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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Amendment 14, Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.