Case Law: Budd v. People: Rights

Budd v. People, 143 U.S. 517, 550, 12 S. Ct. 468, 478, 36 L. Ed. 247 (1892)Supreme Court of the United States February 29, 1892 143 U.S. 51712 S.Ct. 468

Men are endowed by their Creator with certain unalienable rights,-‘life, liberty, and the pursuit of happiness;’ and to ‘secure,’ not grant or create, these rights, governments are instituted. That property which a man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it to his neighbor’s injury, and that does not mean that he must use it for his neighbor’s benefit; second, that if the devotes it to a public use, he gives to the public a right to control that use; and third, that whenver the public needs require, the public may take it upon payment of due compensation.

Surely the matters in which the public has the most interest are the supplies of food and clothing; yet can it be that by reason of this interest the state may fix the price at which the butcher must sell his meat, or the vendor of boots and shoes his goods? Men are endowed by their Creator with certain unalienable rights,-‘life, liberty, and the pursuit of happiness;’ and to ‘secure,’ not grant or create, these rights, governments are instituted. That property which a man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it to his neighbor’s injury, and that does not mean that he must use it for his neighbor’s benefit; second, that if the devotes it to a public use, he gives to the public a right to control that use; and third, that whenver the public needs require, the public may take it upon payment of due compensation.

 

 

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