[Congressional Record Volume 140, Number 85 (Wednesday, June 29, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 29, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                    THE ISSUE OF THE TAKINGS CLAUSE

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                         HON. RICHARD W. POMBO

                             of california

                    in the house of representatives

                        Wednesday, June 29, 1994

  Mr. POMBO. Mr. Speaker, in a landmark decision last Friday, the 
Supreme Court bolstered and strengthened longstanding constitutional 
principles designed to protect private property owners by elevating the 
importance of the takings clause found in the fifth amendment to the 
Constitution. This clause prohibits Government takings of private 
property without paying a just compensation for it.
  In the majority opinion, written by Chief Justice William Rehnquist, 
the Court sees ``no reason why the takings clause of the fifth 
amendment, as much a part of the Bill of Rights as the first amendment 
or fourth amendment, should be relegated to the status of a poor 
relation.'' Mr. Speaker, this decision was long overdue.
  Under the guise of environmental protection, the Government has been 
misusing regulatory measures to strip away the constitutionally 
protected rights of landowners. This unchecked activity has deprived 
citizens not only of their rights, but often of their livelihood as 
well.
  Mr. Speaker, we must follow the lead of the Supreme Court on this 
issue. As Members of Congress, it is our duty to uphold--without 
exception--the integrity of the Constitution. We can do so by 
supporting measures that protect and enforce our fifth amendment right 
to life, liberty, and property. These rights form the core of our 
political tradition. They must never be compromised.

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