Home Home AoF Article 6: Private Property and the 5th Amendment Article 6: B. CONSTITUTIONAL PROVISIONS
Article 6: B. CONSTITUTIONAL PROVISIONS PDF Print E-mail
Articles of Freedom - Article 6: Private Property and the 5th Amendment
1.   Our Constitution for the United States is “the Supreme Law of the Land” and has supremacy over decisions of legislature - (Art. 6, Clause 1-3)
There can be no rule making or legislation which will abrogate the Rights secured by our Constitution. Miranda v. Arizona, 384 U.S. 436, 491 (1966)

“No right granted or secured by the Constitution of the United States can be impaired or destroyed by a state enactment, whatever may be the source from which the power to pass such enactment may have been derived…The nullity of any act inconsistent with the Constitution is produced by the declaration that the Constitution is the supreme law.” Connolly vs. Union Sewer Pipe Company, 184 U.S. 540, 558 (1902)

2.    Our People of the United States are guaranteed the unalienable Right to Life, Liberty and the Pursuit of Happiness.
“The three great rights are bound together as to be essentially one right. To give a man his life, but deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty, but take from him the property which is the fruit and badge of his liberty, is to still leave him a slave.” George Sutherland, Associate Justice of the United States Supreme Court, 1921.

3.    The Rights of the People to their Property shall not be violated without probable cause, without due process, and without just compensation.
“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 person or things to be seized.” Constitution, 4th Amendment.

“No person…shall be deprived of life, liberty, or property, without due process of law; nor shall property be taken for public use, without just compensation.” Constitution, 5th Amendment.

4.  “The enumeration in the Constitution of certain Rights shall not be construed to deny or disparage others retained by the People.” Constitution, 9th Amendment.

5.  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People.”  Constitution, 10th Amendment.