[DetroitThrow]

>Under US law, the Congress has nearly unlimited power to regulate interstate commerce

As intended: Jefferson chose the term "pursuit of happiness" rather than "estate" (unlike Locke's earlier formulation) in the declaration of independence because all of the founding fathers viewed commerce and property as a function or construct of society, rather than a natural right in itself.

[IncRnd]

all of the founding fathers viewed commerce and property as a function or construct of society, rather than a natural right in itself

Your interpretation goes against the Founder's stated beliefs.

  The true foundation of republican government is the equal right of
  every citizen, in his person and property, and in their management.
  ~ Thomas Jefferson to Samuel Kercheval, July 12, 1816

  In a word, as a man is said to have a right to his property,
  he may be equally said to have a property in his rights.
  ...
  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. This being the end of government, 
  that alone is a just government, which impartially secures to every 
  man, whatever is his own.
  ~ James Madison, Essay on Property

  Government is instituted no less for the protection of the property
  than of the persons of individuals.
  ~ James Madison, Federalist 54

  the faculties of men, from which the rights of property originate ... is
  the first object of government
  ~ James Madison, Federalist 10

And, if we read Locke's own words:

  The necessity of pursuing happiness [is] the foundation of liberty.  
  As therefore the highest perfection of intellectual nature lies in a 
  careful and constant pursuit of true and solid happiness; so the care 
  of ourselves, that we mistake not imaginary for real happiness, is the 
  necessary foundation of our liberty.
  ~ https://www.pursuit-of-happiness.org/history-of-happiness/john-locke/

[Spooky23]

> Government is instituted no less for the protection of the property than of the persons of individuals.

Obviously there is nuance there as Madison and his constituents depended on the power of the state to deprive their laborers of their natural rights.

Madison in particular struggled with the notion of human chattel and the paradox of standing for liberty and slavery. He banished import of slaves and advocated for profound government intervention on the market — a federal buyout of slaves.

[IncRnd]

Madison may have been impure, but that is distinct from his thoughts on property being a right instead of a "function or construct of society, rather than a natural right in itself".

[DetroitThrow]

> Madison may have been impure, but that is distinct from his thoughts on property being a right instead of a "function or construct of society, rather than a natural right in itself".

To be clear for anyone else reading, Madison viewed personal property as a right, but private property as a social construct - there is no vagueness in his views.

Additional context provided here: https://thf_media.s3.amazonaws.com/CPP/FP_PS02w.pdf

https://www.americanbar.org/groups/taxation/publications/aba...

[IncRnd]

To anyone reading DetroitThrow's comment. Madison's own words delineate what he thought of property.:

" That is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest."

and Madison's closing words:

If the United States mean to obtain or deserve the full praise due to wise and just governments, they will equally respect the rights of property, and the property in rights: they will rival the government that most sacredly guards the former; and by repelling its example in violating the latter, will make themselves a pattern to that and all other governments.

~ https://thf_media.s3.amazonaws.com/CPP/FP_PS02w.pdf

~ Madison on Property

Madison viewed a just government as protector of private property.

[Spooky23]

I wouldn’t call him impure, merely a human who was a product his times with the intellect and courage to question.

The whole point of this thread is that regulation doesn’t equate to any meaningful definition of “communism”. Property has scope attached to it, and whatever right exists isn’t supreme over other natural rights, and just like say, speech, can be regulated.

Property's nature is shaped by society and law. My clothes and real property belong to me. But I do not own my children, and cannot buy the sky. I cannot own title to contraband. Also, The commons exist and must be protected against encroachment.

Also don’t forget that natural rights are not worth anything if I can acquire you as property. And the conditions that allow one human to own another are set by society.

[DetroitThrow]

This is not interpretation - it is not ambiguous why the Committee of Five purposefully chose to downplay the function of government to specifically protect property rights - again, in explicit contrast to Locke's formulation of natural rights bearing "Life, Liberty, and Estate" - here's some further reading of their thoughts (including Madison's) that contradict this decontextualized misinformation:

"All Property, indeed, except the Savage's temporary Cabin, his Bow, his Matchcoat, and other little Acquisitions, absolutely necessary for his Subsistence, seems to me to be the Creature of public Convention." -Franklin

http://press-pubs.uchicago.edu/founders/documents/v1ch16s12....

"Private Property therefore is a Creature of Society, and is subject to the Calls of that Society, whenever its Necessities shall require it..."

https://press-pubs.uchicago.edu/founders/documents/v1ch12s25...

"While it is a moot question whether the origin of any kind of property is derived from Nature at all … it is considered by those who have seriously considered the subject, that no one has, of natural right, a separate property in an acre of land … Stable ownership is the gift of social law, and is given late in the progress of society." -Jefferson

https://press-pubs.uchicago.edu/founders/print_documents/v1c...

Even originally, Locke thought of the right to property more explicitly in terms of acquiring property more along the lines of the "pursuit of happiness" as evidenced by his Second Treatise, and Madison spoke in terms of that document as well:

https://thf_media.s3.amazonaws.com/CPP/FP_PS02w.pdf

Your quote from Locke supports their explicit and his implicit viewpoint here, and your other quotes are out of context of their primary sources which end up supporting their broader view of "Property" == "Pursuit of happiness".

[IncRnd]

Your original statement was, ALL of the founding fathers viewed commerce and property as a function or construct of society, rather than a natural right in itself which is false.

You are quoting out of context to support a particular view.

For example the first you posted from Franklin continues:

"All Property, indeed, except the Savage's temporary Cabin, his Bow, his Matchcoat, and other little Acquisitions, absolutely necessary for his Subsistence, seems to me to be the Creature of public Convention. Hence the Public has the Right of Regulating Descents, and all other Conveyances of Property, and even of limiting the Quantity and the Uses of it. All the Property that is necessary to a Man, for the Conservation of the Individual and the Propagation of the Species, is his natural Right, which none can justly deprive him of: But all Property superfluous to such purposes is the Property of the Publick, who, by their Laws, have created it, and who may therefore by other Laws dispose of it, whenever the Welfare of the Publick shall demand such Disposition."

It is the "Property superfluous to such purposes" that belongs to society. Your interpretation was contrary tp that, believing it to mean ALL property belongs to society. That is refuted by the very links you posted.

In Frankin's second quote, he stated his belief, rightly so, that he was hesitant to create an aristocracy based on property. He was arguing for a bicameral legislature and in the process admitted the rights of people to own property (the upper legislature composed of property owners).

Also, in Franklin's second quote, you quoted out of context. Immediately, prior to what you quoted, he spoke about property rights. We know, that, when one of them has attempted to keep a few Swine, he has not been able to maintain a Property in them, his neighbours thinking they have a Right to kill and eat them whenever they want Provision, it being one of their Maxims that hunting is free for all; the accumulation therefore of Property in such a Society, and its Security to Individuals in every Society, must be an Effect of the Protection afforded to it by the joint Strength of the Society, in the Execution of its Laws.. His argument is that the purpose of a society is to protect property rights.

[DetroitThrow]

I should clarify that there was universal agreement in regards to personal property rights, rather than private property rights. Jefferson, Franklin, Madison, Hamilton, and Adams were adamant supporters of the idea of private property rights as a social construct. This is in contrast to the misinformation you were parroting which implied that property as a whole was intended to be protected absolutely by society - you seem to even agree that it is not, despite your original quotes implying the opposite.

However, I'm decontextualizing their quotes to support my view despite more precise context being included in the quotes I provided? The meaning of the second quote was not decontextualized and your emphasized component is addressed more precisely by "except the Savage's temporary Cabin, his Bow, his Matchcoat, and other little Acquisitions, absolutely necessary for his Subsistence" which was included in my comment: your analysis does not really add additional nuance where I was supposedly lacking, you're just repeating your original misinformation while bringing up their (related but tangential) ideas on government.

Even in this reply you seem not to delineate the nuance they were intending with their comments on social constructs vs natural rights - just additional context about how they intended to structure government around these ideas.

And next time should you want to spread misinformation without the decontextualizing the meaning of primary sources, include some links to the full text of the parroted quotes. There was certainly much more context provided in my instance that yours - which reeks of someone trying to misconstrue something for their viewpoint. Was Madison """impure""" because he didn't support your opinion exactly as you expected?

[gumby]

And because the word “happiness” at the time meant something more like felicity or properness, not pleasure or “near joy” as it does today.

[DetroitThrow]

Yes! There is even further context to break down about what we originally formulated our natural rights to address; it's something I think all American's interested in their rights should read into.