Property Rights and Original Intent

The single most significant public policy shift away from the “original intent” of the Founders involves the way private property and associated rights are viewed. The Founders viewed private property as the foundation of freedom as well as a means of creating wealth. The benefits, value, and even the meaning of property ownership has shifted over time, and we are moving toward an era of shared resources where fewer people own a greater percentage of wealth and production capital. Intrusive regulations often verging on regulatory takings creates a disincentive of ownership because liabilities often outweigh potential benefits of ownership. Especially during a declared national emergency, the government can persuade, threaten, and then commandeer entire industries. Emphasis on the collective good over the rights of the individual means that private property is perpetually at risk of regulatory and legislative attack. In response, a mutually beneficial détente develops among the legislators, regulators, and top industrialists, all of whom benefit from consolidation of capital into fewer hands. Nowhere is this situation on full display more than in the critical infrastructure sector, where the line between “public” and “private” continues to further blur. This paper will demonstrate that “critical infrastructure” needs to be better defined in order best apply existing property laws.

The paper is available in its entirety at the below:

20211212 NatSecJournal – Property Rights and Original Intent (Newbold)

Rick Newbold Written by:

Mr. Newbold has been working in the national security field since 2003 and has been an IAPP-certified privacy professional since 2007. He holds a JD from Regent University, an MBA from Thunderbird School of Global Management, and an LL.M. in National Security Law from Georgetown University Law Center. Mr. Newbold is currently pursuing his Ph.D. in Public Policy with a focus on National Security Studies. He has contributed to several national-level documents and participates in a number of public policy-related working groups.

Comments are closed.