Private Property Rights Protection Act of 2005

Date: Nov. 3, 2005
Location: Washington, DC


PRIVATE PROPERTY RIGHTS PROTECTION ACT OF 2005 -- (House of Representatives - November 03, 2005)

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Mr. PENCE. Mr. Chairman, I thank the gentleman for yielding me this time.

Mr. Chairman, this is a rare moment of bipartisanship in Congress, and it bears some reflection as I rise in strong support of the Private Property Rights Protection Act. I think that agreement springs from our oath of office, which we take at the beginning of every Congress. It provides: ``I do solemnly swear/affirm that I will support and defend the Constitution of the United States against all enemies foreign and domestic and that I will bear true faith and allegiance to same.''

And I believe that is what Republicans and Democrats are doing today is bearing true faith to the Constitution, which in its fifth amendment provides that no person shall be deprived of life, liberty, or property without due process of law nor shall private property be taken for public use without just compensation.

The Private Property Rights Protection Act by virtue of its outstanding authorship, Chairman Sensenbrenner, Chairman Goodlatte, Chairman Bonilla, fulfills this oath of office in a profound way. In the wake of the June 2005 Kelo decision by the U.S. Supreme Court, which held that economic development could be a ``public use'' under the fifth amendment's takings clause, Congress and every Member of Congress, in my judgment, has a duty under that oath to support and uphold and defend the Constitution. Indeed, John Adams remarked: ``The moment the idea is admitted into society that property is not as sacred as the law of God and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.''

As a Member of the House Agriculture Committee, I can say that the fear of development and the unbridled appetite of urban areas against rural areas makes this an especially important initiative of the Agriculture Committee and its distinguished chairman.

In the discharge of our duty to support and defend the fifth amendment to the Constitution, I urge my colleagues very humbly, say no to Kelo, say yes to the Private Property Rights Protection Act.

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