Property rights are a key part of the American constitutional tradition and have played a significant role in shaping the country.
In the United States, property is divided into two main categories: realty (land) and personalty (property that includes items like jewelry, money, furniture, and slaves). Ownership of land is regulated by state laws. Generally, owners must pay taxes on their land.
Private property is an important element of the American political system because it allows us to protect and pursue our legal rights without fear of government interference. The American founding fathers believed that a nation could be free and strong only if its people were protected from the threat of oppression by government.
A fundamental principle of this protection is that everyone has the right to use and enjoy their property. The law can, however, subordinate this right to the interest of society or the public good.
It is also important to note that this balance between private and public interests can shift with the passage of time. In America, property has been increasingly subject to governmental intervention since the late nineteenth century.
As a result, many Americans have become more skeptical of government’s ability to regulate their economic lives. This has created a schism between the interests of the public and those of individual citizens.
The Progressive movement of the early 20th century, which saw the emergence of a centralized government and the rise of a new class of powerful corporations, had a detrimental impact on constitutional protection of property rights. The Progressives, believing that property rights mainly benefit the wealthy, and that they interfered with expert social planning, shifted the focus of constitutional protection away from property to other concerns such as economic security.
This shift had a profoundly negative impact on the lives of people living in poor areas, minorities, and those with little to no political power. They were the primary victims when property rights were violated, as they faced condemnation of their homes for dubious private “development” projects or as law enforcement seized their assets even though they had never been charged with any crime.
Moreover, judicial abdication of property rights has led to the growth of exclusionary zoning laws that prevent affordable housing construction in areas with high population growth. These zoning restrictions have shut out countless poor and minority families from affordable housing and access to jobs in the city.
It is therefore imperative that we continue to strengthen our constitutional protection of private property, especially in the face of growing judicial indifference. This will require political action and litigation intended to change the legal doctrine that currently limits property rights.
As with most constitutional issues, there are few guarantees that stronger protection for property rights will come into effect without support on more than one side of the political spectrum. This will be a difficult task. But it is worth trying to make progress on this issue, because strong protection will have an important impact on the lives of all Americans.
