The Development of United States Property Rights

Abstract

The right to property is debatably the most fundamental American right, and its breadth and strength is more controversial today than ever before. Thus it is more important than ever to understand that its development was not accidental but has had a long and fascinating history. Such a conception of property was theoretically formed by John Locke, recognized by the Founding Fathers in the U.S. Constitution, and developed through case law. The purpose of this thesis is to show the significance of the idea of private property for America and its citizens, the development and history of that idea through past cases, and the implications of the idea and its development of the future of America.