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The protection of the right of property by the Constitutions is tenuous at best. It is true that the Fifth Amendment states that the Government may not take private property for public use without compensation, but it is the government that defines private property.
Which of the following is most likely the point the author is leading up to?
  • a)
    Individual rights that are protected by the Supreme Court are secure against government encroachment.
  • b)
    Private property is neither more nor less than that which the government says is private property.
  • c)
    The government has no authority to deprive an individual of his liberty.
  • d)
    No government that acts arbitrarily can be justified.
  • e)
    The keystone of American democracy is the Constitution.
Correct answer is option 'B'. Can you explain this answer?
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The protection of the right of property by the Constitutions is tenuou...
The author suggests that the protection of the right of property by the Constitution is tenuous because the government has the authority to define what constitutes private property. To determine the point the author is leading up to, we need to analyze the information provided.
Option A, which states that individual rights protected by the Supreme Court are secure against government encroachment, goes beyond the information provided in the passage. The passage does not specifically mention the role of the Supreme Court or the security of individual rights protected by the Court.
Option B aligns closely with the information presented in the passage. It reflects the author's point that private property is determined by the government's definition. This conclusion directly follows from the statement that the government defines private property.
Option C states that the government has no authority to deprive an individual of his liberty. While this may be a valid point, it is not the main point the author is leading up to in this passage. The focus of the passage is on the tenuous nature of property rights and the government's role in defining private property, rather than individual liberty.
Option D suggests that no government that acts arbitrarily can be justified. While this statement may be relevant to the discussion of property rights, it is not the primary point the author is leading up to in the passage. The passage focuses on the government's role in defining private property, not the justification of arbitrary government actions.
Option E, which states that the keystone of American democracy is the Constitution, does not directly relate to the point the author is leading up to. The passage discusses the tenuous nature of property rights and the government's role in defining private property, not the importance of the Constitution as the keystone of American democracy.
Among the given options, option B aligns most closely with the point the author is leading up to. It reflects the idea that private property is determined by the government's definition. Therefore, the author is most likely leading up to the point presented in option B.
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PassageMost educated people of the eighteenth century, such as the Founding Fathers, subscribed to Natural Rights Theory, the idea that every human being has a considerable number of innate rights, simply by virtue of being a human person. When the US Constitution was sent to the states for ratification, many at that time felt that the federal government outlined by the Constitution would be too strong, and that rights of individual citizens against the government had to be clarified. This led to the Bill of Rights, the first ten amendments, which were ratified at the same time as the Constitution. The first eight of these amendments list specific rights of citizens. Some leaders feared that listingsomerights could be interpreted to mean that citizens didn’t haveother, unlisted rights. Toward this end, James Madison and others produced the Ninth Amendment, which states: the fact that certain rights are listed in the Constitution shall not be construed to imply that other rights of the people are deniedConstitutional traditionalists interpret the Ninth Amendment as a rule for reading the rest of the constitution. They would argue that “Ninth Amendment rights” are a misconceived notion: the amendment does not, by itself, create federally enforceable rights. In particular, this strict reasoning would be opposed to the creation of any new rights based on the amendment. Rather, according to this view, the amendment merely protects those rights that citizens already have, whether they are explicitly listed in the Constitution or simply implicit in people’s lives and in American tradition.More liberal interpreters of the US Constitution have a much more expansive view of the Ninth Amendment. In their view, the Ninth Amendment guarantees to American citizens a vast universe of potential rights, some of which we have enjoyed for two centuries, and others that the Founding Fathers could not possibly have conceived. These scholars point out that some rights, such as voting rights of women or minorities, were not necessarily viewed as rights by the majority of citizens in late eighteenth century America, but are taken as fundamental and unquestionable in modern America. While those rights cited are protected specifically by other amendments and laws, the argument asserts that other unlisted right also could evolve from unthinkable to perfectly acceptable, and the Ninth Amendment would protect these as-yet-undefined rights.Q.The author cites the scholars referring to “voting rights of women or minorities” in order to

PassageMost educated people of the eighteenth century, such as the Founding Fathers, subscribed to Natural Rights Theory, the idea that every human being has a considerable number of innate rights, simply by virtue of being a human person. When the US Constitution was sent to the states for ratification, many at that time felt that the federal government outlined by the Constitution would be too strong, and that rights of individual citizens against the government had to be clarified. This led to the Bill of Rights, the first ten amendments, which were ratified at the same time as the Constitution. The first eight of these amendments list specific rights of citizens. Some leaders feared that listingsomerights could be interpreted to mean that citizens didn’t haveother, unlisted rights. Toward this end, James Madison and others produced the Ninth Amendment, which states: the fact that certain rights are listed in the Constitution shall not be construed to imply that other rights of the people are deniedConstitutional traditionalists interpret the Ninth Amendment as a rule for reading the rest of the constitution. They would argue that “Ninth Amendment rights” are a misconceived notion: the amendment does not, by itself, create federally enforceable rights. In particular, this strict reasoning would be opposed to the creation of any new rights based on the amendment. Rather, according to this view, the amendment merely protects those rights that citizens already have, whether they are explicitly listed in the Constitution or simply implicit in people’s lives and in American tradition.More liberal interpreters of the US Constitution have a much more expansive view of the Ninth Amendment. In their view, the Ninth Amendment guarantees to American citizens a vast universe of potential rights, some of which we have enjoyed for two centuries, and others that the Founding Fathers could not possibly have conceived. These scholars point out that some rights, such as voting rights of women or minorities, were not necessarily viewed as rights by the majority of citizens in late eighteenth century America, but are taken as fundamental and unquestionable in modern America. While those rights cited are protected specifically by other amendments and laws, the argument asserts that other unlisted right also could evolve from unthinkable to perfectly acceptable, and the Ninth Amendment would protect these as-yet-undefined rights.Q.Constitutional scholars of both the traditionalist and liberal views would agree that “Ninth Amendment rights”

PassageMost educated people of the eighteenth century, such as the Founding Fathers, subscribed to Natural Rights Theory, the idea that every human being has a considerable number of innate rights, simply by virtue of being a human person. When the US Constitution was sent to the states for ratification, many at that time felt that the federal government outlined by the Constitution would be too strong, and that rights of individual citizens against the government had to be clarified. This led to the Bill of Rights, the first ten amendments, which were ratified at the same time as the Constitution. The first eight of these amendments list specific rights of citizens. Some leaders feared that listingsomerights could be interpreted to mean that citizens didn’t haveother, unlisted rights. Toward this end, James Madison and others produced the Ninth Amendment, which states: the fact that certain rights are listed in the Constitution shall not be construed to imply that other rights of the people are deniedConstitutional traditionalists interpret the Ninth Amendment as a rule for reading the rest of the constitution. They would argue that “Ninth Amendment rights” are a misconceived notion: the amendment does not, by itself, create federally enforceable rights. In particular, this strict reasoning would be opposed to the creation of any new rights based on the amendment. Rather, according to this view, the amendment merely protects those rights that citizens already have, whether they are explicitly listed in the Constitution or simply implicit in people’s lives and in American tradition.More liberal interpreters of the US Constitution have a much more expansive view of the Ninth Amendment. In their view, the Ninth Amendment guarantees to American citizens a vast universe of potential rights, some of which we have enjoyed for two centuries, and others that the Founding Fathers could not possibly have conceived. These scholars point out that some rights, such as voting rights of women or minorities, were not necessarily viewed as rights by the majority of citizens in late eighteenth century America, but are taken as fundamental and unquestionable in modern America. While those rights cited are protected specifically by other amendments and laws, the argument asserts that other unlisted right also could evolve from unthinkable to perfectly acceptable, and the Ninth Amendment would protect these as-yet-undefined rights.Q.According to the passage, what would the Ninth Amendment imply about a right to “a trial by jury”, guaranteed in the Seventh Amendment of the US Constitution?

PassageMost educated people of the eighteenth century, such as the Founding Fathers, subscribed to Natural Rights Theory, the idea that every human being has a considerable number of innate rights, simply by virtue of being a human person. When the US Constitution was sent to the states for ratification, many at that time felt that the federal government outlined by the Constitution would be too strong, and that rights of individual citizens against the government had to be clarified. This led to the Bill of Rights, the first ten amendments, which were ratified at the same time as the Constitution. The first eight of these amendments list specific rights of citizens. Some leaders feared that listingsomerights could be interpreted to mean that citizens didn’t haveother, unlisted rights. Toward this end, James Madison and others produced the Ninth Amendment, which states: the fact that certain rights are listed in the Constitution shall not be construed to imply that other rights of the people are deniedConstitutional traditionalists interpret the Ninth Amendment as a rule for reading the rest of the constitution. They would argue that “Ninth Amendment rights” are a misconceived notion: the amendment does not, by itself, create federally enforceable rights. In particular, this strict reasoning would be opposed to the creation of any new rights based on the amendment. Rather, according to this view, the amendment merely protects those rights that citizens already have, whether they are explicitly listed in the Constitution or simply implicit in people’s lives and in American tradition.More liberal interpreters of the US Constitution have a much more expansive view of the Ninth Amendment. In their view, the Ninth Amendment guarantees to American citizens a vast universe of potential rights, some of which we have enjoyed for two centuries, and others that the Founding Fathers could not possibly have conceived. These scholars point out that some rights, such as voting rights of women or minorities, were not necessarily viewed as rights by the majority of citizens in late eighteenth century America, but are taken as fundamental and unquestionable in modern America. While those rights cited are protected specifically by other amendments and laws, the argument asserts that other unlisted right also could evolve from unthinkable to perfectly acceptable, and the Ninth Amendment would protect these as-yet-undefined rights.Q.In the view of James Madison and the other Founding Fathers, the Ninth Amendment limits the power of the central Federal government by

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The protection of the right of property by the Constitutions is tenuous at best. It is true that the Fifth Amendment states that the Government may not take private property for public use without compensation, but it is the government that defines private property.Which of the following is most likely the point the author is leading up to?a)Individual rights that are protected by the Supreme Court are secure against government encroachment.b)Private property is neither more nor less than that which the government says is private property.c)The government has no authority to deprive an individual of his liberty.d)No government that acts arbitrarily can be justified.e)The keystone of American democracy is the Constitution.Correct answer is option 'B'. Can you explain this answer?
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