… 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.”
