Understand this! under the U. S. Constitution, “property” is not a theory

Website: www.narlo.org

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Mr. Carl J. Circo, BA – JD

University of Arkansas

School of Law

Dear Mr. Circo:

Like so many socialists and radical environmentalists that infect our American colleges and even our government at all levels, you advocate full implementation of UN’s Agenda 21 into American Law under the anti-American policies of “social justice” and “environmental protection”, the latter being illegally used to justify and implement the former.  Your bias is amply illustrated by an excerpt from your recent article: “Does Sustainability Require a New Theory of Property Rights?”

“In pursuing these questions, this Article examines the potential conflicts between sustainability theory and property theory. Part II briefly surveys sustainability concepts, both in theory and in practice. It begins by identifying three main theoretical strains: resource conservation; generational justice; and social justice.”

First of all, under the U. S. Constitution, “property” is not a theory.  It is an absolute right and fully protected by the 5th Amendment.  There is no conflict.  As a matter of fact, the Constitution fails if property is not a right.  Here is an excerpt from a treatise by Washington State Supreme Court Justice Richard B. Sanders, regarding property rights:

“Property “is defined by (Washington) state law. Board of Regents v. Roth, 408 U.S. 564, 92 S. Ct. 2701, 2709, 33 L. Ed. 2d 548 (1972). Our state, and most other states, define property in an extremely broad sense.”

“Property in a thing consists not merely in its ownership and possession, but in the unrestricted right of use, enjoyment, and disposal. Anything which destroys any of the elements of property, to that extent, destroys the property itself. The substantial value of property lies in its use. If the right of use be denied, the value of the property is annihilated and ownership is rendered a barren right.”