REAL ESTATE LAW1
1.
The Constitution of the United States as a form of social contract provides security to
various natural rights, such as life and property, at the detriment of certain individual freedoms
which the populace usually finds unfavorable to the people at large. John Locke, an early
advocate of the philosophy of social contracts, undoubtedly had a strong impact on constitution
writers. Locke’s Second Government Treatise discusses his views on the nature and function of a
legal, democratically elected government, also referencing this work leading up to the initial
drafting of the Constitution and the Declaration of Independence.
a) Locke’s views are reflected in the US Constitution when the Founders of America
noticeably recognized that private property is the cornerstone not only of wealth but of
democracy itself. Therefore, Locke stated that with the help of common law, state law, and the
Constitution — property rights must be protected which includes the rights of citizens to freely
obtain, use, and dispose of the property.
b) The Constitution safeguards property rights through the Due Process Provisions of the
Fifth Amendments and, more specifically, the Taking Clause of the Fifth Amendment which
states that Personal land shall not be used for public use, without paying reasonable
compensation.
c) The Constitution safeguards property rights through the Due Process Provisions of the
Fourteenth Amendments and, more specifically the Privileges or Immunities Clause of the
Fourteenth Amendment which states that Common law protections have also been
constitutionalized against States.

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