Restore the Constitutional Right to Property

Restore the Constitutional Right to Property

From Liberate to Stimulate: A Bipartisan Agenda to Restore Limited Government and Revive America's Economy
January 19, 2011

Liberate to Stimulate Index

The right to property is an essential part of a free society, and widespread private property ownership is a chief limitation on government power and growth. Property rights have traditionally been more secure in the United States than in any other country. However, this is being severely eroded with respect to ownership of real property, as the Supreme Court dramatically underscored in its 2005 Kelo decision, which deprived homeowners of their right to private property to allow commercial development. Private property has also been undermined by the Endangered Species Act (ESA), wetlands regulation under the Clean Water Act, and other environmental laws and treaties.