Resolution Acknowledging
the Inalienable Rights of Private Property

<![if !supportLists]>I.
<![endif]>Whereas, an overriding respect for the sanctity of the
ownership and personal use of private property, free from restrictive and
invasive regulatory regulations, is firmly embedded in American colonial law,
common law, and constitutional law:

A. The three most-influential political philosophers
impacting the formation of American law were Charles Montesquieu, William
Blackstone, and John Locke <![if !supportFootnotes]>[1]<![endif]>

B. Charles
Montesquieu, whose writings were recommended by major Framers such as James
Madison, John Adams, and Alexander Hamilton, declared: “Let us therefore lay
down a certain maxim: that whenever the public good happens to be the matter in
question, it is not for the advantage of the public to deprive an individual of
his property – or even to retrench the
least part of it by a law or a political regulation
<![if !supportFootnotes]>[2]<![endif]>

C. William
Blackstone, whose legal writings were considered as the final authority in
American courts for a century-and-a-half after the adoption of the U. S.
Constitution, declared: “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” <![if !supportFootnotes]>[3]<![endif]>

D. John
Locke, whose writings had direct impact in the framing both of the Declaration
of Independence and the U. S. Constitution, succinctly declared that “the
preservation of property [is] the reason for which men enter into society” and
that “government . . . can
never have a power to take to themselves the whole or any part of the subject’s
property without their own consent, for this would be in effect to leave them
no property at all”;
<![if !supportFootnotes]>[4]<![endif]> and

<![if !supportLists]>II.
<![endif]>Whereas, the right to hold, possess, and use one’s own private
property was also recognized by our Framers and in our founding government
documents as one of the foremost of our inalienable, inviolable, God-given
rights:

A. Samuel
Adams declared that our inalienable rights included “first, a right to life;
secondly, to liberty; thirdly, to property – together with the right to support
and defend them” <![if !supportFootnotes]>[5]<![endif]>

B. John
Adams declared that “The moment the idea is admitted into society that property
is not as sacred as the law of God, and that there is not a force of law and
public justice to protect it, anarchy and tyranny commence” <![if !supportFootnotes]>[6]<![endif]>
and that “Property is surely a right of mankind as really as liberty” <![if !supportFootnotes]>[7]<![endif]>

C. John Jay, original Chief Justice of the U.
S. Supreme Court and an author of the Federalist
Papers
declared that “It is the undoubted right and unalienable privilege
of a [citizen] not to be divested or interrupted in the innocent use of . . .
property. . . . This is the Cornerstone of every free Constitution”
<![if !supportFootnotes]>[8]<![endif]>

D. Adam
Smith, famous economist of the Founding Era, foresaw the tendencies of
governments to impinge the rights of private property, forewarning: “As soon as
the land of any country has all become private property, the landlords [e.g.,
the governments], like all other men, love to reap where they never sowed, and
demand a rent even for its natural produce” <![if !supportFootnotes]>[9]<![endif]>

E. Noah Webster, a Founding Father who served
as a judge and legislator, declared that property is “the exclusive right of
possessing, enjoying and disposing of a thing; ownership. In the beginning of
the world, the Creator gave to man dominion over the earth, over the fish of
the sea and the fowls of the air, and over every living thing. This is the
foundation of man’s property in the earth and in all its productions. Prior
occupancy of land and of wild animals gives to the possessor the property of
them. The labor of inventing, making or producing anything constitutes one of
the highest and most indefeasible titles to property” <![if !supportFootnotes]>[10]<![endif]>

F. Both
John Adams (signer of the Declaration and framer of the Bill of Rights) and
William Paterson (signer of the Constitution and Justice placed on the U. S.
Supreme Court by President George Washington) declared: “All men are born free
and equal, and have certain natural, essential, and unalienable rights, among
which may be reckoned the right of . . . acquiring, possessing, and protecting
property” <![if !supportFootnotes]>[11]<![endif]>

<![if !supportLists]>III.
<![endif]>Whereas, our founding governing documents declare that it is
the purpose of government to protect and not violate inalienable God-given
rights, including the right of owning and using one’s own property;

A. James
Madison declared 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. . . . That is not a just government, nor is property secure under it,
where arbitrary restrictions
[i.e.,
restrictive zoning requirements],
exemptions, and monopolies deny to
part of its citizens that free use of their [own] faculties
<![if !supportFootnotes]>[12]<![endif]>

B. Fisher
Ames, a Framer of the Bill of Rights, forcefully declared that “The chief duty
and care of all governments is to protect the rights of property” <![if !supportFootnotes]>[13]<![endif]>

C. John
Dickinson, a signer of the Constitution, declared: “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” <![if !supportFootnotes]>[14]<![endif]>

D. John
Adams – one of only two signers of the Bill of Rights – declared: “Property
must be secured or liberty cannot exist” <![if !supportFootnotes]>[15]<![endif]>
and that “[i]t
is agreed that the end of all government is the good and ease of the people in
a secure enjoyment of their rights without oppression” <![if !supportFootnotes]>[16]<![endif]>

E. James
Wilson – a signer of the Declaration, signer of the Constitution, original U.
S. Supreme Court Justice, and founder of the first organized legal training in
America – declared that American government was created “to acquire a new
security for the possession or the recovery of those rights to . . . which we
were previously entitled by the immediate gift or by the unerring law of our
all-wise and all-beneficent Creator,” including the right of property, and that
“every government which has not this in view as its principal object is not a
government of the legitimate kind” <![if !supportFootnotes]>[17]<![endif]>

F. Thomas
Jefferson similarly declared that the purpose of government “is to declare and
enforce only our natural [inalienable, God-given] rights and duties and to take
none of them from us,” <![if !supportFootnotes]>[18]<![endif]>
including the right to own, use, and enjoy one’s own private property

G. An early public school textbook on ethics,
reprinted for generations, transmitted these original principles to young
Americans, teaching them: “Property is something which one owns and has a right
to own. . . . Everything which you see or touch belongs to you or to somebody
else. If it belongs to you, you have the right to do what you please with it,
provided you do not abuse it: if it belongs to somebody else, you have no right
to it whatever” – a prohibition that applies equally to government entities as
well as to individuals; and

<![if !supportLists]>IV.
<![endif]>Whereas, the Common Law, directly incorporated into the U. S.
Constitution by the Seventh Amendment, establishes that an “absolute right . .
. is that of property. . . . So great moreover is the regard of the law for
private property that. . . . [i]n vain may it be urged that the good of the
individual ought to yield to that of the community; for it would be dangerous
to allow any private man, or even any public tribunal [governmental body], to
be the judge of this common good and to decide whether it be expedient or no
[how to use that property]”; <![if !supportFootnotes]>[19]<![endif]>
and

<![if !supportLists]>V.
<![endif]>Whereas, for over two centuries, all three branches of
American government at both federal and state levels preserved the ownership
and personal use of private property as an inviolable, inalienable, natural
right, acknowledging that government can neither encroach nor usurp such vested
rights, immunities or privileges;

<![if !supportLists]>VI.
<![endif]>Therefore, Be It Resolved,
that all interpretations and applications of zoning ordinances shall be examined
and applied so as to recognize and preserve the inalienable, inviolable principles
of private property usage and that such individual rights may be infringed
only if it is clearly proven that they directly injure or harm the same rights
of another citizen.

<![if !supportEndnotes]>


<![endif]>

<![if !supportFootnotes]>[1]<![endif]> Donald S.
Lutz, The Origins of American
Constitutionalism
(Baton Rouge, LA: Louisiana State University Press,
1988), p. 143; Donald S. Lutz, “The Relative Influence of European Writers on
Late Eighteenth Century American Political Thought,” American Political Science Review, Vol. 78, Issue 1, March 1984, p.
191.

<![if !supportFootnotes]>[2]<![endif]> Baron
Charles Secondat de Montesquieu, The
Spirit of Laws
(London: J. Nourse and P. Vaillant, 1752), p. 210.

<![if !supportFootnotes]>[3]<![endif]> William
Blackstone, Commentaries on the Laws of
England
(Philadelphia: Robert Bell,
1771), Vol. I, p. 139; see also The
Founders’ Constitution,
“Property: William Blackstone, Commentaries” (at http://press-pubs.uchicago.edu/founders/documents/v1ch16s5.html).

<![if !supportFootnotes]>[4]<![endif]> John Locke, Two Treatises of Government (London:
Awnsham and John Churchill, 1698), pp. 273-274, Second Treatise
§§ 138-40.

<![if !supportFootnotes]>[5]<![endif]> Samuel
Adams, The Life and Public Services of
Samuel Adams
, William V. Wells, editor (Boston: Little, Brown, and Company,
1865), Vol. I, p. 502, “The Natural Rights of the Colonists As Men.”

<![if !supportFootnotes]>[6]<![endif]> John Adams, A Defence of the Constitution of Government
of the United States of America
(Philadelphia: William Young, 1797), Vol.
III, p. 217, “The Right Constitution of a Commonwealth Examined.”

<![if !supportFootnotes]>[7]<![endif]> John Adams, A Defence of the Constitution of Government
of the United States of America
(Philadelphia: William Young, 1797), Vol.
III, p. 216, “The Right Constitution of a Commonwealth Examined.”

<![if !supportFootnotes]>[8]<![endif]> John Jay, John
Jay
The Making of a Revolutionary,
Unpublished Papers, 1745-1780
, Richard B. Morris, editor (New York: Harper
& Row Publishers, 1980), Vol. I, p. 462, “A Freeholder: A Hint to the
Legislature of the State of New York,” Winter 1778.

<![if !supportFootnotes]>[9]<![endif]> Adam Smith,
An Inquiry into the Nature and Causes of the Wealth of Nations:
Vol. I, Chapter 6” (at http://www.adamsmith.org/smith/won-b1-c6.htm).

<![if !supportFootnotes]>[10]<![endif]> Noah
Webster, An American Dictionary of the
English Language
(New York: S. Converse, 1828), s.v. “property.”

<![if !supportFootnotes]>[11]<![endif]> The Constitutions of the Several Independent
States of America
(Boston: Norman and Bowen, 1785), p. 6; William Paterson, The Charge of Judge William Paterson to the Jury (Philadelphia,
Smith, 1796), p. 15.

<![if !supportFootnotes]>[12]<![endif]> James
Madison, The Writings of James Madison,
Gaillard Hunt, editor (New York: G.P. Putnam’s Sons, 1906), Vol. VI, p. 102, “Property,” March 29, 1792.

<![if !supportFootnotes]>[13]<![endif]> Fisher
Ames, The Works of Fisher Ames (Boston:
T.B. Wait & Co., 1809), p. 125, “Eulogy on Washington”, Feb. 8, 1800.

<![if !supportFootnotes]>[14]<![endif]> John
Dickinson, The Political Writings of John Dickinson (Wilmington, Bonsal
and Niles, 1801), Vol. I, p. 275, “Letters
from a Farmer in Pennsylvania to the inhabitants of the British Colonies,

Letter XII.

<![if !supportFootnotes]>[15]<![endif]> John Adams,
The Works of John Adams, Charles
Francis Adams, editor (Boston: Charles C. Little and James Brown, 1851), Vol.
VI, p. 280, “Discourse on Davila; a Series of Papers on Political History.”

<![if !supportFootnotes]>[16]<![endif]> John Adams,
A Defence of the Constitution of
Government of the United States of America
(Philadelphia: William Young,
1797), Vol. III, pp. 293-294, “The Right Constitution of a Commonwealth
Examined”; see also The Founders’
Constitution
, “Balanced
Government: John Adams, Defense of the Constitutions of Government of the
United States” (at http://press-pubs.uchicago.edu/founders/documents/v1ch11s10.html).

<![if !supportFootnotes]>[17]<![endif]> James
Wilson, The Works of the Honorable James
Wilson
, Bird Wilson, editor (Philadelphia: Bronson and Chauncey, 1804),
Vol. II, pp. 454, 466, “Of The Natural Rights Of Individuals.”

<![if !supportFootnotes]>[18]<![endif]> Thomas
Jefferson, Memoir, Correspondence, and
Miscellanies
, Thomas Jefferson Randolph, editor (Boston: Gray and Bowen,
1830), Vol. IV, p. 278, to Francis Gilmer, June 7, 1816.

<![if !supportFootnotes]>[19]<![endif]> William
Blackstone, Commentaries on the Laws of
England
(Philadelphia: Robert Bell,
1771), Vol. I, pp. 138-139; see also The
Founders’ Constitution,
“Property: William Blackstone, Commentaries” (at http://press-pubs.uchicago.edu/founders/documents/v1ch16s5.html).