IV 

111TH CONGRESS 

1ST SESSION H. RES. 748 

Recognizing the importance of the property rights granted by the United 

States Constitution; affirming the duty of each Member of this body 

to support and defend such rights; and asserting that no public body 

should unlawfully obtain the property of any citizen of the United States 

for the benefit of another private citizen or corporation. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2009 

Mr. BROUN of Georgia (for himself, Mr. BARTLETT, Mr. BISHOP of Utah, Mr. 

SCALISE, Mr. SMITH of Texas, Mrs. BACHMANN, Mr. MARCHANT, Mr. 

GINGREY of Georgia, Mr. MANZULLO, Mr. SHADEGG, Mr. GOHMERT, Mr. 

CULBERSON, Mr. HERGER, Mr. MILLER of Florida, Mr. KINGSTON, Mr. 

WESTMORELAND, Mr. DEAL of Georgia, Mr. HALL of Texas, Mr. KING

of Iowa, Mr. AKIN, Mr. GARRETT of New Jersey, Mr. BROWN of South 

Carolina, Mr. FRANKS of Arizona, Mr. PENCE, Mr. HENSARLING, Mr. 

FORBES, Mr. BOOZMAN, Mr. HARPER, Mr. ROE of Tennessee, Mr. LINDER, Mr. RYAN of Wisconsin, Mr. HELLER, Mr. WILSON of South Carolina, Mr. KLINE of Minnesota, Mr. CONAWAY, Mr. BURTON of Indiana, 

and Mr. PRICE of Georgia) submitted the following resolution; which was 

referred to the Committee on the Judiciary 

RESOLUTION 

Recognizing the importance of the property rights granted 

by the United States Constitution; affirming the duty 

of each Member of this body to support and defend 

such rights; and asserting that no public body should 

unlawfully obtain the property of any citizen of the 

United States for the benefit of another private citizen 

or corporation. 


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•HRES 748 IH 

Whereas there is no greater expression of freedom and liberty 

than the defense of the God-given right of an individual 

to hold, possess, and use private property; 

Whereas John Locke, the great political philosopher lauded 

by so many of the Founders of this Nation, stated, ‘‘the 

preservation of property [is the reason] for which men 

enter into society’’ and that ‘‘no [government] hath a 

right to take their [property], or any part of it, without 

their own consent, for this would be in effect to leave 

them no property at all.’’; 

Whereas William Blackstone, whose lectures shaped and 

helped inspire the Declaration of Independence, Constitution, and primal laws of America, wrote: ‘‘So great moreover is the regard of the law for private property, that 

it will not authorize the least violation of it; no, not even 

for the general good of the whole community.’’; 

Whereas Samuel Adams, the political writer, statesman, and 

signer of the Declaration of Independence, declared that 

our rights included: ‘‘First, a right to life; Secondly, to 

liberty; Thirdly, to property; together with the right to 

support and defend them.’’; 

Whereas John Adams, diplomat, signer of the Declaration of 

Independence, and President of the United States, firmly 

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.’’ and that 

‘‘Property is surely a right of mankind as real as liberty.’’; 

Whereas John Adams also affirmed: ‘‘Property must be secured or liberty cannot exist.’’; 


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•HRES 748 IH 

Whereas James Madison, author of the Constitution, and 

President of the United States, announced: ‘‘Government 

is instituted to protect property. . . . This being the end 

of government, that alone is a just government, which 

impartially secures to every man, whatever is his own.’’; 

Whereas John Dickinson, signer of the Constitution, stated: 

‘‘Let these truths be indelibly impressed on our minds: 

(1) that we cannot be happy without being free; (2) that 

we cannot be free, without being secure in our property; 

(3) that we cannot be secure in our property, if, without 

our consent, others may, as by right, take it away.’’; 

Whereas Thomas Jefferson, the mind behind the Declaration 

of Independence, and President of the United States, 

wrote: ‘‘The true foundation of republican government is 

the equal right of every citizen in his person and property 

and in their management.’’ and ‘‘The first foundations of 

the social compact would be broken up were we definitely 

to refuse to its members the protection of their persons 

and property while in their lawful pursuits.’’; 

Whereas Thomas Jefferson also affirmed: ‘‘Charged with the 

care of the general interest of the nation, and among 

these with the preservation of their lands from intrusion, 

I exercised, on their behalf, a right given by nature to all 

men, individual or associated, that of rescuing their own 

property wrongfully taken.’’; 

Whereas Noah Webster, the ‘‘Father of American Scholarship and Education’’, stated: ‘‘It is admitted that all men 

have an equal right to the enjoyment of their life, property and personal security; and it is the duty as it is the 

object, of government to protect every man in this enjoyment.’’; 


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•HRES 748 IH 

Whereas John Jay opined: ‘‘No power on earth has a right 

to take our property from us without our consent.’’; and 

Whereas Fisher Ames, framer of the Bill of Rights and Massachusetts Representative to the first four Congresses, 

said: ‘‘The chief duty and care of all governments is to 

protect the rights of property.’’: Now, therefore, be it 

1 Resolved, That— 

2 (1) these ideals did motivate and continue to 

3 justify the drafting of article 1, section 8 of the 

4 United States Constitution, which states that it is 

5 the responsibility of Congress ‘‘to promote the 

6 Progress of Science and useful Arts, by securing for 

7 limited Times to Authors and Inventors the exclusive 

8 Right to their respective Writings and Discoveries’’, 

9 and the writing of the 5th amendment to our Con10 stitution, which clearly states: ‘‘No person shall be 

11 . . . deprived of life, liberty, or property, without 

12 due process of law; nor shall private property be 

13 taken for public use, without just compensation.’’; 

14 (2) since every Member of this body has sworn 

15 or affirmed to both support and defend the entire 

16 Constitution and ‘‘to bear true faith and allegiance 

17 to the same’’, any act not in accordance with that 

18 oath is both a betrayal of the United States Con19 stitution and a violation of Federal law; and 


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•HRES 748 IH 

1 (3) in the constant pursuit of a more perfect 

2 union, all citizens of the United States should re3 main secure in the possession of private property, 

4 and no court, legislature, or executive shall, by pred5 atory law or tyrannical force, obtain the property of 

6 any citizen of the United States for the benefit of 

7 another private citizen or corporation. 

Æ 


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