Home
/
RELIGION & LIBERTY ONLINE
/
Supreme Court: Yes, Of Course the Fifth Amendment Applies to All Property
Supreme Court: Yes, Of Course the Fifth Amendment Applies to All Property
Jul 1, 2025 8:53 AM

“The Fifth Amendment applies to personal property as well as real property,” wrote Justice Roberts in a Supreme Court rulinghanded down earlier this week. “The Government has a categorical duty to pay pensation when it takes your car, just as when it takes your home.”

You might be thinking, “Was that ever in doubt?” The answer is apparently yes—at least it was by the federal government since the time of FDR’s New Deal.

During theNew Deal era, Congress gave the USDA the authority to take raisins, along with many other crops, from farmers pensation and keep them in a government-controlled “reserve” to prevent them frombeing sold in U.S. markets. But while many of the other reserves faded away, the governmenthas continued to take raisins from farmers—and claims it’s allowed to do so for because the taking benefits the farmer.

The raisins are given to the Raisin Administrative Committee, a California-based organization made up of industry representatives, whichis allowed to sell off some of those reserve raisins to pay its own expenses and to promote raisins overseas. Many raisin farmers were fine with this price-fixing cartel. But one farmer refused to go along.

Marvin Horne refused to surrender his raisins to the government. Because of his refusal to allow his crops to be taken pensation Hornepotentially “owed” hundreds of thousands of dollars in fines and over 1 million pounds of his crops to the federal government.

Horne challenged the law (Horne v. US Department of Agriculture), arguing the taking of his property pensation is a violation ofthe Fifth Amendment, while the Obama administrationclaimed they can take personal property pensating the owner. More broadly, the government argued they have the ability to take a broad range of personal property—from raisins to iPhones from Americans pensation. A lower court had agreed, ruling that while the Fifth Amendment protectsrealproperty (i.e., land) it does not apply topersonalproperty (e.g., your car).

Fortunately, all nine Supreme Courtjustices disagreed (though they expressed differing views pensation). As Roberts notes in his opinion, “This principle [of pensation], dating back as far as Magna Carta, was codified in the Takings Clause in part because of property appropriations by both sides during the Revolutionary War. This Court has noted that an owner of personal property may expect that new regulation of the use of property could “render his property economically worthless.”

Roberts cites some of the instances of government taking property prior to the American Revolution and notes, “Nothing in this history suggests that personal property was any less protected against physical appropriation than real property.”

In legal terms, real property is land or anything attached to land. Personal property is property that can be moved, i.e., anything that can be subject to ownership that is not land. So if it was not clear before, the Court made it clear now: All your property is covered by theFifth Amendment.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Verse of the Day
  Commentary on Today's Verse   Commentary on Romans 12:9-16   (Read Romans 12:9-16)   The professed love of Christians to each other should be sincere, free from deceit, and unmeaning and deceitful compliments. Depending on Divine grace, they must detest and dread all evil, and love and delight in whatever is kind and useful. We must not only do that which is good,...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 John 4:7-13   (Read 1 John 4:7-13)   The Spirit of God is the Spirit of love. He that does not love the image of God in his people, has no saving knowledge of God. For it is God's nature to be kind, and to give happiness. The law of God is love; and all...
Verse of the Day
  Commentary on Today's Verse   Commentary on Proverbs 3:1-6   (Read Proverbs 3:1-6)   In the way of believing obedience to God's commandments health and peace may commonly be enjoyed; and though our days may not be long upon earth, we shall live for ever in heaven. Let not mercy and truth forsake thee; God's mercy in promising, and his truth in performing:...
Verse of the Day
  Commentary on Today's Verse   Commentary on Matthew 7:15-20   (Read Matthew 7:15-20)   Nothing so much prevents men from entering the strait gate, and becoming true followers of Christ, as the carnal, soothing, flattering doctrines of those who oppose the truth. They may be known by the drift and effects of their doctrines. Some part of their temper and conduct is contrary...
Verse of the Day
  Commentary on Today's Verse   Commentary on Luke 6:1-5   (Read Luke 6:1-5)   Christ justifies his disciples in a work of necessity for themselves on the sabbath day, and that was plucking the ears of corn when they were hungry. But we must take heed that we mistake not this liberty for leave to commit sin. Christ will have us to know...
Verse of the Day
  Commentary on Today's Verse   Commentary on Luke 6:27-36   (Read Luke 6:27-36)   These are hard lessons to flesh and blood. But if we are thoroughly grounded in the faith of Christ's love, this will make his commands easy to us. Every one that comes to him for washing in his blood, and knows the greatness of the mercy and the love...
Verse of the Day
  Deuteronomy 7:9 In-Context   7 The Lord did not set his affection on you and choose you because you were more numerous than other peoples, for you were the fewest of all peoples.   8 But it was because the Lord loved you and kept the oath he swore to your ancestors that he brought you out with a mighty hand and...
Verse of the Day
  Romans 8:28 In-Context   26 In the same way, the Spirit helps us in our weakness. We do not know what we ought to pray for, but the Spirit himself intercedes for us through wordless groans.   27 And he who searches our hearts knows the mind of the Spirit, because the Spirit intercedes for God's people in accordance with the will...
Verse of the Day
  Commentary on Today's Verse   Commentary on Galatians 6:6-11   (Read Galatians 6:6-11)   Many excuse themselves from the work of religion, though they may make a show, and profess it. They may impose upon others, yet they deceive themselves if they think to impose upon God, who knows their hearts as well as actions; and as he cannot be deceived, so he...
Verse of the Day
  2 Corinthians 6:14 In-Context   12 We are not withholding our affection from you, but you are withholding yours from us.   13 As a fair exchange-I speak as to my children-open wide your hearts also.   14 Do not be yoked together with unbelievers. For what do righteousness and wickedness have in common? Or what fellowship can light have with darkness?   15...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved