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Part IV Rights, Ch.24 Property in the United States Constitution

Jedediah Purdy

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

The U.S. Constitution contains just four references to “property.” The due process clauses of the Fifth and Fourteenth Amendments guarantee, in identical language, that neither the federal government nor the states shall “deprive” anyone of “life, liberty, or property without due process of law.”1 The takings clause of the Fifth Amendment establishes that “private property shall not be taken for public use, without just compensation.”2 Article IV, which mostly concerns relations among the states and the federal government’s role in creating and overseeing them,...
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