Property Rights & The Constitution

Harvard prof with $4 million home imagines future without yours

Friday, May 15, 2020

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Bob Kellogg, Billy Davis (OneNewsNow.com)

Harvard Prof VermeuleA constitutional law professor who teaches at Harvard says the COVID-19 pandemic provides a great opportunity for America: Replace the U.S. Constitution with a more “common-good” document and a more powerful government to enforce it.

Writing in The Atlantic, Harvard Professor Adrian Vermeule says the U.S. Constitution has “outlived its utility” and now the time has come for government to claim a more centralized role in people’s lives.

In the scholarly article, Professor Vermeule writes:

As for the structure and distribution of authority within government, common-good constitutionalism will favor a powerful presidency ruling over a powerful bureaucracy, the latter acting through principles of administrative law’s inner morality with a view to promoting solidarity and subsidiarity. The bureaucracy will be seen not as an enemy, but as the strong hand of legitimate rule. 

It’s not clear from the article why this new self-described government “bureacracy” will not be seen as the “enemy” of the public nor what happens to people who do hold such a view of government’s “inner morality.” But there are some estimates about past results in history.

Elsewhere in the article, the professor imagines this newly realized American society would mean “Libertarian” concepts such as property rights and economic rights “will also have to go, insofar as they bar the state from enforcing duties of community and solidarity in the use and distribution of resources.”

A footnote to the article states it is part of “The Battle for the Constitution,” an ongoing project of The Atlantic that invites debate on the topic.

Whitehead, John (Rutherford Institute)“He’s actually saying some things that I think are really, really scary,” observes civil liberty attorney John Whitehead, “like doing away with property rights, redistributing resources by the government.”

If the Harvard professor ever gives up his own property, he would be surrendering a nice accommodation: the professor lives in a 4,078-square-foot, five-bedroom home in Cambridge with an assessed value of $4.7 million, the City of Cambridge website shows.

Whitehead, a longtime advocate for constitutional liberties, and his Rutherford Institute often represent clients in cases where 4th Amendment rights are threatened by a bullying police officer, for example, or a school administrator has punished a child for exercising his 1st Amendment rights.

During the current pandemic, Whitehead is witnessing some of his worst fears being discussed — mandatory contract tracing, tip lines for snitching on neighbors, and screening checkpoints — in the name of public safety.

“As long as ‘we the people’ continue to allow the government to trample our rights in the so-called name of national security,” Whitehead writes, “things will get worse, not better.”

OneNewsNow reported this week that the health director for Ventura County, California announced COVID-19-posititive people would be removed from their homes if there are not enough bathrooms to keep family members separate.

First Amendment Monument (Philadelphia)“I’m telling you,” Whitehead tells OneNewsNow, “they’re using this coronavirus pandemic situation to push their agenda and it’s one of the most dangerous agendas I’ve seen in recent years.”

Regarding the professor’s open call for more government and less freedom, Whitehead says he was alarmed by the communist-sounding demands. It is even more alarming, he adds, that such beliefs are likely being taught to impressionable law students at the Ivy League school.

“If you don’t have property rights,” Whitehead warns, “that means you are the property of the government.”

from:    https://onenewsnow.com/legal-courts/2020/05/15/harvard-prof-with-4-million-home-imagines-future-without-yours

Off The Grid Living – Illegal

rights

Land of the free? Governments increasingly make it illegal to live unplugged from the Matrix

(NaturalNews) As state and local governments increasingly stretch themselves to the financial breaking point with free services and taxpayer-supported benefits, in addition to offering their normal services as well, they have become even more reliant on citizen participation in the mainstream.

In short, governments need all the tax money and revenues they can get, and they get them when citizens remain part of “the system.”

That’s why it is becoming more and more risky for Americans who choose to live their lives “off the grid,” so to speak; anyone who does reduces cash flow to state and local governments that rely on every dollar they can get in order to stay afloat.

This phenomenon came to a head recently with one couple living in Huntsville, Alabama; the city has forbidden them from living off the grid, as they have attempted to do, and has threatened them with jail if they refuse to jump back in line.

‘100 percent self-sustaining’ is now a crime in some cities

As reported by the Activist Post, Tyler Truitt, a veteran of the U.S. military, found it ironic that he was forced to answer for his attempt to live off the grid to a judge at city hall.

“I just don’t see how we’re hurting anyone by being here,” he told Activist Post.

As the Post further reported:

Truitt and his girlfriend Soraya Hamar are within Huntsville city limits but lived self-sufficiently without city utilities. The city officials said that’s simply not allowed and filed a lawsuit. They are claiming care for the couple’s safety – however, the couple are not without utility comforts, but have found a way to provide for themselves without the city services.

They live on their own volition and devices 100 percent; they have homemade utilities such as solar panels and they collect rainwater for their water use, among other assets. But city officials have classified their dwelling as a trailer and, well, trailers aren’t permitted inside the city limits.

“We live out here off the grid, 100 percent self-sustaining,” Truitt told local news station WAFF 48. “So I basically made all my utilities: I have my solar panels, I have my rainwater collection and stuff.”

In addition, the city has condemned his house by claiming that it violated safety requirements because it did not have accommodations for water and power hook-up. The city has threatened the couple with arrest for trespassing (on their own land) if they come back on the property.

The property is paid for, and Truitt has said that he may risk arrest to fight for his rights to be there in court.

‘Property rights are human rights’

“You have to stand up for what you believe in,” he told WAFF. “They could come out here today if they wanted to and take us to jail for trespassing if that’s what they want to call it and, you know, that’d be fine with me. I’ll still come back the next day and the next day and the next day because it’s my home and because I live here. Where else am I supposed to go really?”

“I took an oath that I would support and defend the Constitution and the freedoms that entails, and I really feel like those are being trampled upon,” he stated.

Private property rights are a fundamental American liberty dating back to the founding of the country. As noted by conservative economist and syndicated columnist Walter Williams, property rights “are a Fundamental Human Right” as well.

“So where do property rights come in? Property rights are human rights to use economic goods and services. Private property rights contain your right to use, transfer, trade and exclude others from use of property deemed yours. The supposition that there’s a conflict or difference between human rights to use property and civil rights is bogus and misguided,” he wrote in a 2005 column.

Increasingly, however, governments around the country are claiming that they have more rights than individual property owners.