IA 

110TH CONGRESS 

2D SESSION H. J. RES. 94 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2008 

Mr. BROUN of Georgia introduced the following joint resolution; which was 

referred to the Committee on the Judiciary 

JOINT RESOLUTION 

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 that 

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


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•HJ 94 IH 

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 that ‘‘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 really as liberty.’’; 

Whereas John Adams also affirmed that ‘‘Property must be 

secured or liberty cannot exist.’’; 

Whereas James Madison, author of the Constitution, and 

President of the United States, announced that ‘‘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, wrote: ‘‘The true foundation of repubVerDate Aug 31 2005 21:27 Jul 11, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HJ94.IH HJ94

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lican 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 that when 

‘‘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.’’; 

Whereas John Jay opined, ‘‘that 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 by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That— 

4 (1) these ideals did advocate and defend 

5 the penning of article 1, section 8 of the United 


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1 States Constitution, which states that it is 

2 Congress’s responsibility ‘‘to promote the 

3 Progress of Science and useful Arts, by secur4 ing for limited Times to Authors and Inventors 

5 the exclusive Right to their respective Writings 

6 and Discoveries’’, and the writing of the 5th 

7 amendment to our Constitution, which clearly 

8 states that ‘‘No person shall be . . . deprived 

9 of life, liberty, or property, without due process 

10 of law; nor shall private property be taken for 

11 public use, without just compensation.’’; 

12 (2) since every Member of this body has 

13 sworn or affirmed to both support and defend 

14 the entire Constitution and ‘‘to bear true faith 

15 and allegiance to the same’’, any act not in ac16 cordance to that oath is both a betrayal of the 

17 United States Constitution and a violation of 

18 Federal law; and 

19 (3) in the constant pursuit of a ‘‘more per20 fect union’’, all citizens of the United States 

21 should remain secure in the possession of pri22 vate property and no court, legislature, or exec23 utive shall, by predatory law or tyrannical force, 

24 obtain the property of any citizen of the United 


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1 States for the benefit of another private citizen 

2 or corporation. 

Æ 


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