The Supreme Court and Its Impact on Property Rights

The decision that a court makes after hearing all the evidence in a case. A judgment answers the ultimate question of who wins and loses a lawsuit and decides what each party should take away from the case. Along the way to the judgment, a court may issue many rulings. A ruling is a court’s decision about a particular aspect of a case such as what evidence might be allowed at trial.

The main opinion in a case is called the majority opinion and explains how the court reached its decision. Sometimes the court will be divided and a Justice may write a dissenting opinion. This is usually because the Justice disagrees with the outcome or reasoning of the majority opinion. A dissenting opinion is not binding on other courts, but can be influential.

The Supreme Court’s decisions have a profound impact on property rights, including the right to own, use, and sell property. The founders of the nation believed that government was instituted to protect life, liberty, and property. Their philosophy guided the development of a Constitution with protections for property rights, including a Fifth Amendment provision that prohibits the government from taking private property without just compensation. The Court’s evolving viewpoints on the nature of private property and its relationship to governmental power are a source of great debate.