WHEREAS, the U.S. Constitution explicitly states in Article I, Section 8, Clause 8 that Congress has the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries,” thereby establishing constitutional protection for inventions and intellectual property;

WHEREAS, Charles Pinckney introduced specific constitutional language advocating “to secure to literary authors their copyrights for a limited time, and to inventors their patents,” highlighting the original intent of the framers to protect and incentivize innovation.

WHEREAS, James Madison in Federalist No. 43 emphasized intellectual property as a rightful and necessary protection stating, “The right to useful inventions seems with equal reason to belong to the inventors,” underscoring constitutional recognition of patent property rights.

WHEREAS, the U.S. Constitution expressly protects property rights more generally in the following sections:

Amendment V: “…nor shall private property be taken for public use, without just compensation;”

Amendment XIV, Section 1: “…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

WHEREAS, James Madison affirmed that “Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses,” underscoring intellectual property rights as foundational to individual liberty and economic growth.

WHEREAS, Thomas Jefferson emphasized the critical importance of patent protections stating, “Certainly an inventor ought to be allowed a right to the benefit of his invention for some certain time,” thereby recognizing patents as necessary incentives for innovation.

WHEREAS, Alexander Hamilton articulated clearly in his Report on Manufactures that “To cherish and stimulate the activity of the human mind… is not among the least considerable of the expedients, by which the wealth of a nation may be promoted,” highlighting the economic necessity of patent rights.

WHEREAS, Benjamin Franklin, himself an esteemed inventor, advocated strongly for rewarding innovation by emphasizing, “As we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours,” thus promoting intellectual generosity balanced with rightful reward.

WHEREAS, James Wilson, a foundational figure in American jurisprudence, stated, “Without a wise and stable government, no people can long prosper,” clearly identifying stable protection of intellectual property as essential to national prosperity and economic stability.

WHEREAS, in James v. Campbell (1881), the United States Supreme Court held that “[A patent] confers upon the patentee an exclusive property in the patented invention which cannot be appropriated or used by the government itself, without just compensation, any more than it can appropriate or use without compensation land which has been patented to a private purchaser.”

WHEREAS, in Horne v. Department of Agriculture (2015), the United States Supreme Court reiterated “[t]he Takings Clause provides: “[N]or shall private property be taken for public use, without just compensation.” U. S. Const., Amdt. 5. It protects “private property” without any distinction between different types.” The Court, in reinforcing this holding, further cited James v. Campbell that the government has a categorical duty to compensate property owners, including patent holders, when appropriating their property rights.

NOW, THEREFORE, BE IT RESOLVED:

1. That this legislative chamber reaffirms the foundational role of robust real and intellectual property rights as essential to fostering innovation, economic growth, and national prosperity.
2. That arbitrary federal state or local governmental interference with patent protections and intellectual property rights undermines constitutional principles, economic stability, and innovation incentives to invent lifesaving medicines.
3. That all legislative bodies and public officials are encouraged to protect and uphold real, personal, and intellectual property rights, ensuring they are safeguarded against arbitrary waiver, infringement, or price setting measures.
4. That legal action be taken to “require just compensation…if the government appropriates a property right, including patents” as stated clearly by the US Supreme Court in: James v. Campbell (1881) and Horne v. Department of Agriculture (2015).
5. That state legislatures and citizen initiative campaigns be encouraged to propose for voter approval a model Property Rights State Amendment such as:

“Neither the State of [STATE] nor a person or their business may be denied the exclusive right to occupy, control, use, sell, license, lease or otherwise transfer real, personal, or intellectual property at fair market value, “without due process of law; nor shall private property or Authors’ and Inventors’ exclusive Rights to their respective Writings and Discoveries” “be taken for public use without just compensation” as determined by “the right of trial by jury” held within one year for monetary damages, interest, attorney’s fees and court costs caused by federal, state or local enforcement actions or inactions.

6. That a copy of this resolution be transmitted to state legislatures, federal lawmakers, and executive offices, urging their continued commitment to the principles and protections of intellectual property enshrined by America’s Constitutional Framers and Founding Fathers.