Believed to be derived fundamentally from a higher authority and natural law, property rights were so sacred [historically] that they could not be entrusted lightly to “the uncertain virtue of those who govern.” As such, property rights were believed to supersede constitutional principles. . . . “To be protected and secure in the possession of [one’s] property is a right inalienable, a right which a written constitution may recognize or declare, but which existed independently of and before such recognition, and which no government can destroy.
The right of private property is an original and fundamental right, existing anterior to the formation of the government itself; the civil rights, privileges and immunities authorized by law, are derivative – mere incidents to the political institutions of the country, conferred with a view to the public welfare, and therefore trusts of civil power, to be exercised for the public benefit. . . . Government is the necessary burden imposed on man as the only means of securing the protection of his rights. And this protection – the primary and only legitimate purpose of civil government, is accomplished by protecting man in his rights of personal security, personal liberty, and private property.
Это не Хоппе и не Ротбард, это из решения Верховного Суда штата Огайо. via
http://blog.mises.org/archives/005394.asp