Quotation of the Day…

by Don Boudreaux on May 20, 2012

in Law

… is from U.S. Judge Learned Hand (as quoted on page 197 of Archibald Cox‘s 1987 book, The Court and the Constitution):

Will someone please tell me why the enjoyment of property is not a personal right?

Cox adds, immediately after quoting Judge Hand, the following: “In the final analysis the justification for treating First Amendment liberties as ‘preferred rights’ calling for strict judicial scrutiny of any government limitations [while treating property rights as deserving only far-less-strict judicial protection from government intrusion] must be found in value judgments distilled from our entire constitutional history, rather than in inferences drawn exclusively from the language or structure of the Constitution.”

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