On The Evolution Of Private Property Rights Protection System

Since the Declaration of Independence recognized the individual property rights of the colonists, America has faced countless challenges and made great achievements on its way of developing private property rights system. Then, how America constructed its individual property rights system? What did American government do when facing these challenges? Moreover, what problems of property rights should America solve in the 21st century? With these questions, this article will examine the origins, development and evolution of American private property rights system through the important decisions of the U.S. Supreme Court, which by necessity must interpret phrases in the federal constitution that are vague and open-ended.Chapter 1, "the Origins and Construction of Private Property Rights System", mainly provides a summary of property rights from the colonial period through the end of the 19th century. This chapter introduces different kinds of private property right laws issued by federal and local governments, explains the rights of native Americans and the status of slaves, furthermore, it focuses much on the application of Contract Clause as well as Takings Clause.Chapter 2, "the Development of Private Property Rights System in the 20th century", considers economic liberty as a component of the constitutional protection of property. In this period, economic liberty was considered as important content of private property right. At the beginning of the 20th century, substantive due process was the prominent constitutional tool to further a particular view of economic liberty. However, the new interpretation of Takings Clause—the Regulatory Takings Doctrine required the compensation to private properties if the government's regulation goes too far. The claim that a regulation governing the use of property constitutes a regulatory taking has become the main opinion in U.S. courts.Chapter 3, "the Evolution of Private Property Rights in the 21st Century", discusses two immature areas related to private property rights: intellectual property and biotechnology. As new forms of property, do their right contents different with traditional property forms? How do courts apply traditional takings doctrine and constitutional principles to these new property...