Although the US system keeps claiming that a “right to property” is one of its fundamental values, in practice this is another class-based scam, just like every other “value”. Just like with everything else, an alleged right to property refers only to the property and prerogatives of the rich and big corporations. The property rights of the non-rich are cited only for propaganda purposes, but these are assaulted by Big Property on a daily basis.
This class war property doctrine was formally enshrined in the SCOTUS’ Kelo decision, and it’s been enhanced since then.
a. There is No Right to Consume or Feed Children Any Particular Food
b. There is No Generalized Right to Bodily and Physical Health
c. There is No Fundamental Right to Freedom of Contract
(1) Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;
(2) Plaintiffs do not have a fundamental right to consume the milk from their own cow;
(3) Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;
(4) The Zinniker Plaintiffs’ private contract does not fall outside the scope of the States’ police power;
(5) Plaintiffs do not have a fundamental right to produce and consume the foods of their choice;
(6) DATCP [Wisconsin Department of Agriculture, Trade and Consumer Protection] . . . had jurisdiction to regulate the Zinniker Plaintiffs’ conduct.
The judge was guided by the FDA’s declaration.
What this and the FDA’s brief (and I’m sure the examples could be multiplied) really mean is an admission that “property” is nothing but what the government says it is, that it’s an artificial creation of government, and that in practice government will always make property right enforcement a priority only where it comes to the property of big corporations and the rich. (Could you imagine any government bureaucracy or judge stating in principle that the rich don’t have absolute property rights? Even if by some aberration they were going to rule against the bigger interest, they’d do so on some far more narrow ground.)
Most of all, wherever there’s a clash of property rights the bigger dog will always win. That’s what Kelo was all about. It’s straight Might Makes Right.
We see how the very existence of property concentrations causes government to act ever more tyrannically, which is no surprise since the core function of government is to create and enforce propertarianism. Without government there would be no such thing as property, and without property we wouldn’t need government. (Once again we see the basic incoherence of the “small government” ideologues. “I want small government except for all the other things I want which have to mean big, aggressive government. So I really want big, aggressive government!”)
(But for the time being we can formulate a transitional doctrine to accompany our constitutionalism. The right view is that the Constitution must be interpreted strictly where it comes to government/corporate power, loosely where it comes to the power and liberty of the people. This is truly its Original Intent, as is made clear by the original philosophy of the American Revolution
Similarly, since “property” could only ever be valid if it referred to the rights of real people living and working within a community, so it follows that if we’re to recognize property rights at all our priority must be rights that involve constitutional liberties, rights that involve local/regional business and residence, rights that involve actual work and eating. Meanwhile the concentrated “property” of the alien rich shouldn’t be respected at all. Corporations, not being persons, can’t own property in the first place.)
The fact is that, just as smaller organizations and businesses would be better off if the corporate form didn’t exist at all, so we the non-rich people would be better off if propertarianism ceased to exist, and was instead replaced by useful possession rights on an autonomous and cooperative basis. As things are, small corporations will always exist only at the whim of big ones, and small property will exist only at the whim of big property. But if corporations and property ceased to exist, then big structures of every sort would cease to exist, while naturally-sized structures would prosper and flourish in freedom.
If someone’s coming at you with an automatic rifle and all you have is a Derringer, I suppose you’re “better off” than if you had nothing. But you’d be much better off if neither of you had any firearm.