Monday, October 25, 2010

Of Liberty and Property - Part 1

Most people would find it difficult to give you a clear definition of what ‘property rights’ are or how they are intertwined with individual liberty.  And, judging from the midterm congressional rhetoric, it seems that the idea of ‘property rights’ is far from any politician’s talking points as well.

So what are ‘property rights’ and why should such rights be of concern to the average citizen in Huntington?

First, let’s take a look at how Webster’s Dictionary defines property rights:

Cultural Dictionary

property rights definition


The legal limits governing the use and control of economic resources by 
individuals and corporations.

This definition is somewhat similar to the perception most people have of property rights, which is that you have a right to use something that you own (usually real estate or personal possessions) provided that it is used within the limits set by law.  For example, zoning laws restrict people's use of their land in clearly defined terms, thereby preventing landowners from using their property any way they wish.  
Our founding fathers tended to see things in a different light.  They believed that personal property is completely intertwined with personal liberty and that the safeguarding of such property was the safeguarding of liberty.  Further, they believed that property was not only tangible goods, ie. real estate and possession, but they believed that property was anything that a man possessed that would bring some sort of independence.  This included any type of skills, ideas, thoughts or actions as well as his earnings.
James Madison, the chief architect of the U.S. Constitution, probably has the best definition of property rights as it was originally intended.  It was this protection of an individual's property rights from ever changing majorities and coalitions, that gave both the Declaration of Independence and the Constitution its purpose.


So, getting back to the point, how does the town of Huntington violate these rights and what can we do about it?