[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 748 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 748

Recognizing the importance of the property rights granted by the United 
States Constitution; affirming the duty of each Member of this body to 
   support and defend such rights; and asserting that no public body 
  should unlawfully obtain the property of any citizen of the United 
   States for the benefit of another private citizen or corporation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2009

 Mr. Broun of Georgia (for himself, Mr. Bartlett, Mr. Bishop of Utah, 
   Mr. Scalise, Mr. Smith of Texas, Mrs. Bachmann, Mr. Marchant, Mr. 
    Gingrey of Georgia, Mr. Manzullo, Mr. Shadegg, Mr. Gohmert, Mr. 
    Culberson, Mr. Herger, Mr. Miller of Florida, Mr. Kingston, Mr. 
Westmoreland, Mr. Deal of Georgia, Mr. Hall of Texas, Mr. King of Iowa, 
 Mr. Akin, Mr. Garrett of New Jersey, Mr. Brown of South Carolina, Mr. 
Franks of Arizona, Mr. Pence, Mr. Hensarling, Mr. Forbes, Mr. Boozman, 
 Mr. Harper, Mr. Roe of Tennessee, Mr. Linder, Mr. Ryan of Wisconsin, 
 Mr. Heller, Mr. Wilson of South Carolina, Mr. Kline of Minnesota, Mr. 
Conaway, Mr. Burton of Indiana, and Mr. Price of Georgia) submitted the 
   following resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Recognizing the importance of the property rights granted by the United 
States Constitution; affirming the duty of each Member of this body to 
   support and defend such rights; and asserting that no public body 
  should unlawfully obtain the property of any citizen of the United 
   States for the benefit of another private citizen or corporation.

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, ``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 inspire 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: ``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 real as liberty.'';
Whereas John Adams also affirmed: ``Property must be secured or liberty cannot 
        exist.'';
Whereas James Madison, author of the Constitution, and President of the United 
        States, announced: ``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, and 
        President of the United States, 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: ``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: ``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, That--
            (1) these ideals did motivate and continue to justify the 
        drafting of article 1, section 8 of the United States 
        Constitution, which states that it is the responsibility of 
        Congress ``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: ``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 with 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.
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