The Second Amendment and Takings
Learn about two provisions in the Bill of Rights that are especially focused on protection against government tyranny, including the right to keep and bear arms and the right to not have property taken except for public use and with just compensation.
Numerous provisions of the Constitution protect property rights. As we explored in other lessons, these include the Due Process Clauses of the Fifth and Fourteenth Amendments. But two of the most important property rights enshrined in the Constitution’s text are the right to keep and bear arms, protected by the Second Amendment, and the right to not be deprived of one’s property without just compensation, protected by the Takings Clause of the Fifth Amendment. Both provisions have been the...