Property Rights

The 4th Amendment states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

 

The 5th Amendment further protects property, by stating:

“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.”

 

John Adams 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. Property must be secured or liberty cannot exist.” (Charles Francis Adams, ed., The Works of John Adams, 10 vols., Little, Brown and Company, Boston, 1850-1856, 6:9, 280)
In Federalist No. 79, Alexander Hamilton stated:

“In the general course of human nature, a power over a man’s subsistence amounts to a power over his will.”
And in his sparkling brilliant wisdom, James Madison captured the essence of the importance of this great right:

“Government is instituted to protect property of every sort…. This being the end of government, that alone is not a just government, … nor is property secure under it, where the property which a man has in his personal safety and personal liberty is violated by arbitrary seizures of one class of citizens for the service of the rest.” (Saul K. Padover, ed., The Complete Madison, Harper & Bros., New York, 1953, p. 267.)

 

Conversely, Karl Marx, the promoter of the virulent form of socialism called communism said:

“In this sense, the theory of the Communists may be summed up in the single sentence: Abolition of private property.” (Communist Manifesto)

 

We affirm the Fourth Amendment right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, including arbitrary or defacto registration, general and unwarranted electronic surveillance, national computer databases, and national identification cards. We also reaffirm that civil governments must be strictly limited in their powers to intrude upon the persons and private property of individual citizens, in particular, that no place be searched and no thing be seized, except upon proof of probable cause that a crime has been committed and the proper judicial warrant issued.

We further reaffirm the common-law rule that protects the people from any search or seizure whatsoever when that search or seizure violates the Fifth Amendment right against self-incrimination.

We deplore and oppose vigorously legislation and executive action that deprive the people of their Fourth and Fifth Amendment rights under claims of necessity to “combat terrorism” or to “protect national security.”

We oppose legislation and administrative action utilizing asset forfeiture laws which enable the confiscation of the private property of persons not involved in the crime. Forfeiture of assets can only be enforced after conviction of the property owner as a penalty for the crime. Such forfeitures must follow full due process of law under criminal prosecution standards.

We oppose the monitoring and controlling of the financial transactions of the people through such proposed laws as “Know Your Customer.” Banks should be repositories of treasure and fiduciaries for the people, not enforcers for the State. Any information regarding customer transactions the State obtains from banks must be subject to the traditional Fourth Amendment safeguards.

We support privacy legislation that prohibits private parties from discriminating against individuals who refuse to disclose or obtain a Social Security number. We also call for legislation prohibiting all governmental entities from requiring the use of the Social Security number except for Social Security transactions. Additionally, we call for the repeal of all laws, regulations, and statutes that require the use of the Social Security number for any purpose other than Social Security transactions.

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