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The Declaration of Independence states that we have a right to own private property, but that is not the law of the land. If the Constituion says that I have a right to own private property, then where is my private property?

2006-10-24 20:39:41 · 3 answers · asked by Anonymous in Politics & Government Other - Politics & Government

3 answers

I don't know if this is the statement you are referring to "nor shall any State deprive any person of life, liberty, or property, without due process of law;". If so, it's in the 14th Amendment

2006-10-24 20:49:14 · answer #1 · answered by nangari 3 · 0 0

Actually, in US law you never have the right to 'own' land. You pay for the right to use land temporarily. If anyone chooses to doubt that, just fail to pay your taxes for a bit. In England you have the concept of a freehold, where you can purchase property that will be free of taxes forever. Here we are allowed to rent our private property from the state.

The closest item of a 'right' to property comes with the 5th amendment that prevents the government from depriving you of property without due process of law.

As an aside, I don't see anywhere in the Declaration of Independence of a 'right to property'. The Unalienable rights declared are 'Life, Liberty, and the Pursuit of Happiness'. You're not entitled to anything beyond the right to try to achieve your desires (ie pursue your happiness).

2006-10-25 04:01:28 · answer #2 · answered by Javelinl 3 · 0 0

Save money and buy some. It doesn't mean that you are entitled to FREE land, just that you have the right to own it. This comes from England, where only the gentry were allowed to own land.

2006-10-25 03:47:38 · answer #3 · answered by wendy g 7 · 0 0

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