Rights Protected By Due Process Of Law—Property Taken For Public Use

The three great things which every man, woman, and child cherishes are life, liberty, and property. We see in every one of these guaranties how careful the people who made the Constitution were to see that these valuable things were sacredly guarded.

It is stated in the Constitution that:

“No person shall ... be deprived of life, liberty, or property, without due process of law.”64

You can understand how important this is if you will realize how in the olden days people were so brutally treated by their fellowmen, especially by those in power who happened to represent the government. Have you ever read the story of the Bastile, a prison in which hundreds of French people were thrown without a trial, in which many were murdered and many kept in dark cells chained to the floor for years? Have you ever read the story of the Tower in London, where men were imprisoned and murdered without a trial by any court and without an investigation by any one, often without the knowledge of their closest friends? Have you ever read about how the property of people was taken away from them without trial or investigation to be turned over to the king or to some of his friends? Until you have read something of the past, and realize how people suffered, how they lost their lives, their liberty, and their property, you will never realize the wisdom of those who framed our Constitution, nor the affection which they had for the people [pg 106] of America in protecting them against such horrible treatment.

No person's property can be taken, no person's life can be taken, no person's liberty can be taken under our Constitution without due process of law. We do not need to discuss the meaning of “due process of law”. You will learn more about this later, as you study more fully the details of the Constitution. It is sufficient now to say that no person's life, liberty, or property can be taken away from him without his consent, except by a trial before a legal court, in which the person shall have the right to a fair hearing. He must have notice of the charge or claim made against him. He must have a chance to appear in person. He must have the right to employ attorneys to represent him. He must have the privilege of bringing in witnesses to tell the truth about the charges that may be made. There must be a decision by the court after a speedy public trial. In all the States of this country any one is entitled to such a trial, and he is also, in case of defeat, entitled to appeal and present his case to a different and a higher court. These courts are the courts of the people, selected by the people, and neither government nor individuals have any right to take away anyone's life, liberty, or property unless the people by and through their courts shall so find and do.

Then we find the following constitutional provision: “nor shall private property be taken for public use, without just compensation.”65

Of course the government at times must have property which may belong to a private person. The public must at times take property belonging to an individual. Property may be taken, even when the owner will not consent to it, when it is taken for public use. One man's property cannot be taken by the government and given to another person. Government buildings must be erected and land must be obtained [pg 107] for such purposes. The public must have railroads, and a railroad can only be built when land is obtained for what is called the right of way. Sometimes a railroad must run through lots or farms belonging to private owners. The higher right of the public to these conveniences, these necessities, requires that when necessary the private individual must give up his right of ownership to these higher public uses. But even for the Nation, or the State, or railway, or for any other public use, not one foot of land may be taken from the poorest man in the country unless he is first fully paid its value therefor. Usually, of course, the owner will sell his property for such purpose at a fair price, but, if he is stubborn and will not do so, or if a fair price cannot be agreed upon then the government of the State or of the Nation, or the agents of the State or of the Nation may take such property by first having its value fixed by a commission, or a jury, composed of the neighbors of the owner. Where the amount fixed by such commission or jury is not satisfactory to the owner of the property, he may appeal to the court and have a trial, usually a jury trial, in which he can bring his witnesses and prove the value of his property, so that he will finally receive its full, fair, just value.

By this constitutional guaranty every person is well guarded in his ownership and possession of property. In countries existing before America not much attention was paid to the rights of property owners. If the king or emperor should demand possession of a certain piece of property the owner had little to say about it. He received his orders and obeyed them, because he was afraid of the power of the government. The government could pay or not as it pleased. But this period of wrong and injustice was ended, so far as the people of America were concerned, when the Constitution became the final power in this land.

[pg 108]

There are a few people in this country who seek to have private ownership of property abolished. No law taking away the right to own property can ever come into force in this country until the people by their votes change the Constitution. The Constitution stands guard over the farms, the homes, the money, and all forms of personal property. It guards the cottage of the widow with the same jealous care that it does the ten-story building of the bank. No person and no power can interfere with the right to accumulate property and to hold it, provided only it is honestly obtained.

[pg 109]

ELEMENTARY QUESTIONS

1. What are the three things that every man, woman, and child cherishes?

2. What does the Constitution say about these three things?

3. What was the Bastile? The Tower of London?

[pg 110]

4. Show how injustice was worked by confining people without due process of law.

5. What are some of the essentials of “due process of law”?

6. When can private property be taken by the government?

7. When the State wishes a piece of land, end the owner will not sell for a fair price, how is the matter adjusted?

8. What right for reconsideration has a person against whom a judgment has been rendered in a trial court?

9. How can the reasonable value of property be established or proven?

10. Suppose the President of the United States wished a certain piece of property upon which to build a summer home. Could the President secure the land? Give reasons.

ADVANCED QUESTIONS

A. What are some of the steps necessary to due process of law?

B. What would be the effect on people if life, liberty, or property could be taken without due process?

C. Discuss the process of condemning property.

D. Write a paper on the following:

Evils of the Bastile and the Tower of London

Why Military Courts Do Not Always Follow This Law

The Different Purposes For Which Property May Be Taken For Public Use

Why Ownership of Property Should Be Protected

[pg 111]