Courts and commentators take it as given that the word “property” in the Fifth Amendment’s Due Process Clause refers to a broader class of assets than does the word “property” in the Fifth Amendment’s Takings Clause. In this Note, I challenge that assumption and argue that takings “property” ought to include the same assets that due-process “property” already includes, namely, entitlements like Social Security and tenured public employment. Both the text and purpose of the Due Process and Takings Clauses support a uniform meaning. And the consequences of leveling up takings “property” to include entitlements would be quite sensible.
To read this Note, click here: Protecting Entitlement-Holders with a Uniform Meaning of Fifth Amendment Property.