On the recordMarch 11, 1998
Mr. Chairman, the foundation of our American republic is built upon the idea that citizens have the inherent right to life, liberty, and property. In fact, throughout the writings of our Founding Fathers, the right to property is viewed as fundamental to economic and political liberty. In the Declaration of Independence, Jefferson cited as a central reason for seeking independence was the King imposing taxes without our consent, the illegal taking of citizens' personal property. Then, arguing in support of the proposed Constitution, James Madison suggested that government is instituted no less for the protection of the property than of the persons or individuals. Fortunately for all of us, these views prevailed in the Constitution, and the Fifth Amendment ensures that, in the United States, no one will be deprived of personal property without due process of law and just compensation. Unfortunately, however, there is currently no single court in which a property owner can seek full relief for a Federal taking.
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