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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Members have made 13 comments.

  1. Profile photo of Stephen Dawson Thatcher

    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)?

    • #1
    • January 11, 2013 at 4:54 am
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  2. Profile photo of Edward Smith Inactive

    It ain’t playing.

    • #2
    • January 11, 2013 at 7:04 am
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  3. Profile photo of

    Try it now. 

    • #3
    • January 11, 2013 at 7:43 am
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  4. Profile photo of EJHill Contributor

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

    • #4
    • January 11, 2013 at 8:16 am
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  5. Profile photo of Edward Smith Inactive

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

    • #5
    • January 11, 2013 at 9:10 am
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  6. Profile photo of Grendel Member

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

    • #6
    • January 11, 2013 at 9:26 am
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  7. Profile photo of Grendel Member

    “Direct link fans, click here.

    Direct link to MP3 file

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

    • #7
    • January 11, 2013 at 9:31 am
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  8. Profile photo of EJHill Contributor
    Grendel: EJHill: Call the U.N.!  

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

    • #8
    • January 11, 2013 at 10:06 am
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  9. Profile photo of
    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. 

    • #9
    • January 11, 2013 at 12:51 pm
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  10. Profile photo of Grendel Member

    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.

    • #10
    • January 14, 2013 at 11:12 am
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  11. Profile photo of Grendel Member
    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.

    • #11
    • January 14, 2013 at 11:14 am
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  12. Profile photo of Grendel Member
    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.

    • #12
    • January 14, 2013 at 11:17 am
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  13. Profile photo of SpinozaCarWash Inactive

    Errr… What about the Fourth Amendment?

    • #13
    • January 18, 2013 at 7:26 am
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