Political Science And Comparative Constitutional Law ... 1

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Political Science And Comparative Constitutional Law ... 1
John William Burgess
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195 So soon as religion seeks to regulate relations between two or more individuals, it becomes subject to the powers of the government and to the supremacy of the law ; i.e. the indi- vidual has in this case no constitutional immunity against governmental interference.
II. The Immunities in respect to Private Property. , The other principal avenue of approach to the sphere of individ- ual autonomy is through the powers of taxation and of emi- nent domain necessarily possessed by the government
.... Let us now examine the defenses of private property erected by the constitution in behalf of the individual against the government.
So far as the constitution of the United States is concerned, private property may extend to everything but man. Man alone cannot be made the subject of property. 1 The general government cannot, therefore, as the constitution now stands, narrow the sphere of private property within those parts of the United States enjoying the federal system of government, i.e. within the commonwealths, by declaring anything, except only man, not a proper subject of private property.


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