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To: jimthewiz
I have not been able to find anywhere in the Constitution or it's amendments that specifies property rights

Try that passage about government not being able to take property without due process or compensation. Limiting what a property owner can do with his property is construed by many conservatives as a form of taking - such as government telling a property owner that they cannot limit the terms for use of their property.

88 posted on 12/17/2004 4:55:06 AM PST by dirtboy (To make a pearl, you must first irritate an oyster)
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To: dirtboy; everyone
, dirtboy wrote:

Limiting what a property owner can do with his property is construed by many conservatives as a form of taking - such as government telling a property owner that they cannot limit the terms for use of their property





Efforts by employers at limiting what a gun owning employee can do with his private property is construed by many conservatives as an infringement.
- Much the same as government telling a property owner that they must limit the use of their property.

The authoritarians here are insisting that parking lot property rights are more important than employee gun owning rights.
Not so. Our rights to self defense, to keep & bear arms, are paramount.
We must have arms to defend ALL of our rights to life, liberty and property.
94 posted on 12/17/2004 5:29:00 AM PST by jonestown ( JONESTOWN, TX http://www.tsha.utexas.edu)
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To: dirtboy
Limiting what a property owner can do with his property is construed by many conservatives as a form of taking

Article [IV.]
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 persons or things to be seized.

Article [V.]
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 offense 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.

Many people construe the personal income tax (nth amendment) to be illegal, but the courts do not agree. Believing something does not make it so.

Article V of the Constitution has 2 clauses regarding property rights...

  1. nor be deprived of life, liberty, or property, without due process of law
  2. nor shall private property be taken for public use, without just compensation.
Neither of these give the property owner any rights beyond possession.

Article IV on the other hand, specifically prohibits unreasonable searches and seizures.

This has been upheld on numerous occasions, but I have not been able to find one citation giving any property owner the right to violate that.
I certainly may have missed one somewhere and would appreciate any cases that you can provide me with where the SCOTUS has ruled otherwise.
Thanks

128 posted on 12/17/2004 9:03:42 AM PST by jimthewiz (An armed society is a polite society)
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