Episode 9: Property Rights

Guest: Robert McNamara of the Institute for Justice
Jan 11, 2013
Direct Link to MP3 File

The Naked Constitution is back from Christmas Break!  This week Adam talks about the constitution’s safeguards for property and economic rights with a man who fights to uphold those rights: Robert McNamara of the Institute for Justice. Although many liberals will insist that the Constitution has little to say about property (“life, liberty, and … whatever”), we beg to differ.  We discuss the Founders’ deep respect for property rights, and how those rights should inform an originalist interpretation. In particular, we try to resurrect the sadly-neglected “privileges or immunities” clause, which originally protected the right to earn an honest living and other economic freedoms.  Finally, Richard Epstein is with us in spirit, as we discuss the Fifth Amendment’s takings clause, and why theKelodecision ranks right up there with the Supreme Court’s worst rulings.   

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  1. Stephen Dawson

    I do so love it when we get to peer behind the curtain just a little and see how it’s put together … three, two, one …

    And stop that baby from crying!

    A question for Mr Freedman: what precisely is ‘property’ within the meaning of your Constitution? Real property (ie. land and things affixed thereto) or is it broader, including possessions (cars, cash, computers etc)?

  2. Edward Smith

    It ain’t playing.

  3. Try it now. 

  4. EJHill

    We need more people to read the Constitution. Any ideas?

  5. Edward Smith

    Lydia the Tattooed Lady knows how to bring skin to the game!

  6. Grendel

    EJHill:  Aren’t we supposed to stab the guy who did that, or something?  Outrageous.  Disrespecting the Proph…er…Founders.  Call the U.N.!

  7. Grendel

    “Direct link fans, click here.

    Direct link to MP3 file

    The Department of Redundancy Department is on the ball and on the stick.

  8. EJHill
    Grendel: EJHill:   Call the U.N.!  

    Wait ’til you find out where the Bill of Rights are!

  9. Grendel: “Direct link fans, click here.

    Direct link to MP3 file

    The Department of Redundancy Department is on the ball and on the stick. · 3 hours ago

    If you’re not logged in, you don’t see the second link. 

  10. Grendel

    Liberals will say anything, so one day they disparage the lasting authority of the Constitution because the Framers were a bunch of rich white men setting up a system that would protect their property, and the next day the Constitution somehow demeans property rights below “personal rights”.

    Also an example of a favorite liberal trope:  using different words makes it a different thing.

  11. Grendel
    Blue Yeti

    Grendel: “Direct link fans, click here.

    Direct link to MP3 file

    The Department of Redundancy Department is on the ball and on the stick. · 3 hours ago

    If you’re not logged in, you don’t see the second link.  · January 10, 2013 at 11:51pm

    Edited on January 10, 2013 at 11:51pm

    But anyone, logged in or not, sees the first link, so the second is supererogatory.

  12. Grendel
    EJHill

    Grendel: EJHill:   Call the U.N.!  

    Wait ’til you find out where the Bill of Rights are! · January 10, 2013 at 9:06pm

    Somewhere on the second . . . um . . . page?

    Holy Hugh Hefner, Moonbat!  Not, I hope, obscured by the crossed right arm.

  13. SpinozaCarWash

    Errr… What about the Fourth Amendment?

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