Right to property

[Jonathan Buhacoff]

No government or person shall forcefully deprive a person of their property nor use their property without consent except in accordance with a lawful process.

One example is of a lawful process (assuming the legislature enacts such a law) is temporarily confiscating items upon arrest — to be returned when the person is released except for unlawful items.

In the United States, the Third Amendment to the Constitution says “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” The same right is covered by the right to property because quartering a soldier in someone’s home is using their property.

In the United States, the “seizure” part of the Fourth Amendment to the Constitution is covered by the right to property. Also, in the Sixth Amendment the phrase “nor shall private property be taken for public use, without just compensation” also corresponds to the right to property.

In the United States Constitution, the Fifth Amendment states “No person all be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”.

Article 17.1 of the United Nations Universal Declaration of Human Rights states “Everyone has the right to own property alone as well as in association with others.”

Article 17.2 of the United Nations Universal Declaration of Human Rights states “No one shall be arbitrarily deprived of his property.”

This right to not be deprived of property without consent makes stealing and robbing and defrauding illegal, and although laws should still be passed to specifically prohibit such criminal behaviors, the absence of a law specifically prohibiting a behavior doesn’t make it legal if it violates someone’s rights.

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