110 HJ 94 IH: Whereas there is no greater expression of U.S. House of Representatives 2008-06-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

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

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.