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Substantive Protection Of Property Rights And Economic Interests

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Chapter Summary

The Takings Clause of the Fifth Amendment, applicable to the states through the Fourteenth Amendment, provides that private property shall not be taken for public use without just compensation. Intangible property rights protected by state law are deserving of the protection of the Takings Clause. The constitutional provision of power to regulate commerce among the several States has also been seen as a limitation on state regulatory powers, even without implementing legislation by Congress. In its negative aspect, the Commerce Clause prohibits "economic protectionism - that is, regulatory measures designed to benefit in-state economic interests by burdening out-of-state competitors". Unlike the Commerce Clause, the Bankruptcy Clause itself contains an affirmative limitation or restriction upon Congress' power: bankruptcy laws must be uniform throughout the United States.

Keywords: Bankruptcy Clause; Commerce Clause; economic interests; property rights; substantive protection; Takings Clause



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