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Wild thought on the "takings" clause

The Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Just throwing out an ill-thought-out idea...

... because somebody smart might be able to use it:

1. Assume my body is my property

2. Assume my body is placed at risk by others for profit, as for example through the marketing of cigarettes, or High Fructose Corn Syrup, or anti-biotics in feed lots, etc.

3. Is placing my body at risk in that fashion a "taking"?

NOTE "Playing" -> "placing" in #3, hat tip gizzardboy. (That warbling noise you hear is me wondering why I seem to be making these sonic errors more frequently lately.)

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Submitted by SteveInNC on

Don't forget about patenting gene sequences that may exist in your body.

Of course having that legally established as a "taking" would require a different federal judiciary than the one we have now. It's more likely that some corp would try to extract rent from you for having "its" patented gene sequence or breathing "its" second-hand smoke.