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Quotation of the Day…

Posted By Don Boudreaux On May 20, 2012 @ 1:55 pm In Law | Comments Disabled

… is from U.S. Judge Learned Hand [1] (as quoted on page 197 of Archibald Cox [2]‘s 1987 book, The Court and the Constitution [3]):

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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[1] U.S. Judge Learned Hand: http://en.wikipedia.org/wiki/Learned_Hand

[2] Archibald Cox: http://en.wikipedia.org/wiki/Archibald_Cox

[3] The Court and the Constitution: http://www.amazon.com/Court-Constitution-Archibald-Cox/dp/039548071X/ref=sr_1_1?s=books&ie=UTF8&qid=1337536369&sr=1-1

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