Property, the Bill of Rights, and the Supreme Court

The Founders were extremely concerned with protecting private property as a cornerstone of a free society. Throughout American history, the Supreme Court has heard numerous cases involving government’s power to take property for public use.

Objectives

Students will:

• Examine foundations of private property protections.
• Understand the Fifth Amendment’s protection of private property.
• Understand the facts of major US Supreme Court cases involving property rights.
• Analyze James Madison’s Property and Samuel Adams’s The Rights of the Colonists.
• Evaluate Supreme Court rulings in United States v. Causby (1946); Nollan v. California Coastal Commission (1987); and Kelo v. New London (2005).

Materials:

• Handout A: English Origins of Property Protections
• Handout B: Samuel Adams, James Madison, and Property
• Handout C: The Bill of Rights and Property
• Handout D: The Takings Clause Up Close
• Handout E: Property and the Supreme Court
• Master F: Updates

This lesson requires two 50-minute class periods to complete.