[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 94 Introduced in House (IH)]







110th CONGRESS
  2d Session
H. J. RES. 94

Whereas there is no greater expression of freedom and liberty than the 
 defense of the God-given right of an individual to hold, possess, and 
                         use private property.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2008

 Mr. Broun of Georgia introduced the following joint resolution; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
Whereas there is no greater expression of freedom and liberty than the 
 defense of the God-given right of an individual to hold, possess, and 
                         use private property.

Whereas John Locke, the great political philosopher lauded by so many of the 
        Founders of this Nation, stated that ``the preservation of property [is 
        the reason] for which men enter into society'' and that ``no 
        [government] hath a right to take their [property], or any part of it, 
        without their own consent, for this would be in effect to leave them no 
        property at all.'';
Whereas William Blackstone, whose lectures shaped and helped found the 
        Declaration of Independence, Constitution, and primal laws of America, 
        wrote: ``So great moreover is the regard of the law for private 
        property, that it will not authorize the least violation of it; no, not 
        even for the general good of the whole community.'';
Whereas Samuel Adams, the political writer, statesman, and signer of the 
        Declaration of Independence, declared that our rights included ``First, 
        a right to life; Secondly, to liberty; Thirdly, to property; together 
        with the right to support and defend them'';
Whereas John Adams, diplomat, signer of the Declaration of Independence, and 
        President of the United States, firmly proclaimed that ``The moment the 
        idea is admitted into society, that property is not as sacred as the 
        laws of God, and that there is not a force of law and public justice to 
        protect it, anarchy and tyranny commence.'' and that ``Property is 
        surely a right of mankind as really as liberty.'';
Whereas John Adams also affirmed that ``Property must be secured or liberty 
        cannot exist.'';
Whereas James Madison, author of the Constitution, and President of the United 
        States, announced that ``Government is instituted to protect property. . 
        . . This being the end of government, that alone is a just government, 
        which impartially secures to every man, whatever is his own.'';
Whereas John Dickinson, signer of the Constitution, stated: ``Let these truths 
        be indelibly impressed on our minds: (1) that we cannot be happy without 
        being free; (2) that we cannot be free, without being secure in our 
        property; (3) that we cannot be secure in our property, if, without our 
        consent, others may, as by right, take it away'';
Whereas Thomas Jefferson, the mind behind the Declaration of Independence, 
        wrote: ``The true foundation of republican government is the equal right 
        of every citizen in his person and property and in their management.'' 
        and ``The first foundations of the social compact would be broken up 
        were we definitely to refuse to its members the protection of their 
        persons and property while in their lawful pursuits.'';
Whereas Thomas Jefferson also affirmed that when ``Charged with the care of the 
        general interest of the nation, and among these with the preservation of 
        their lands from intrusion, I exercised, on their behalf, a right given 
        by nature to all men, individual or associated, that of rescuing their 
        own property wrongfully taken.'';
Whereas Noah Webster, the ``Father of American Scholarship and Education'', 
        stated: ``It is admitted that all men have an equal right to the 
        enjoyment of their life, property and personal security; and it is the 
        duty as it is the object, of government to protect every man in this 
        enjoyment.'';
Whereas John Jay opined, ``that no power on earth has a right to take our 
        property from us without our consent''; and
Whereas Fisher Ames, Framer of the Bill of Rights and Massachusetts 
        Representative to the first four Congresses, said, ``The chief duty and 
        care of all governments is to protect the rights of property'': Now, 
        therefore, be it
    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That--
                    (1) these ideals did advocate and defend the 
                penning of article 1, section 8 of the United States 
                Constitution, which states that it is Congress's 
                responsibility ``to promote the Progress of Science and 
                useful Arts, by securing for limited Times to Authors 
                and Inventors the exclusive Right to their respective 
                Writings and Discoveries'', and the writing of the 5th 
                amendment to our Constitution, which clearly states 
                that ``No person shall be . . . deprived of life, 
                liberty, or property, without due process of law; nor 
                shall private property be taken for public use, without 
                just compensation.'';
                    (2) since every Member of this body has sworn or 
                affirmed to both support and defend the entire 
                Constitution and ``to bear true faith and allegiance to 
                the same'', any act not in accordance to that oath is 
                both a betrayal of the United States Constitution and a 
                violation of Federal law; and
                    (3) in the constant pursuit of a ``more perfect 
                union'', all citizens of the United States should 
                remain secure in the possession of private property and 
                no court, legislature, or executive shall, by predatory 
                law or tyrannical force, obtain the property of any 
                citizen of the United States for the benefit of another 
                private citizen or corporation.
                                 <all>