[Viva Le Dissention]

Yes, that's interesting, but it is what it is now, and for the last 35 years. This notion of property as the touchstone is a spectre and I think not based on the text of the amendment.

[RightWhale]

Property, use and dominion thereof, is at the base. The Constitution does not explicitly recognize private property, nor does the Ten Commandments, and those are the two documents that might. Private property is inferred to exist based on the First, Fourth, and Fifth Amendment, and the 8th Commandment. Divide the issue into private and public property and find the present situation.