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TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO RESTORE, PROTECT, AND ENHANCE INTELLECTUAL AND PHYSICAL PROPERTY RIGHTS IN PRESENT FEDERAL LAW, PENDING FEDERAL LEGISLATION, AND ALL TRADE AGREEMENTS.
Whereas, the Fifth Amendment of the United States Constitution states "nor shall private property be taken for public use, without just compensation"; and
Whereas, Kelo vs. the City of New London gave local governments and municipalities the power to seize private property for private enterprises in order to increase tax revenue and stimulate economic development, not for any public use or purpose; and
Whereas, this interpretation of the eminent domain power infringes upon the most fundamental of rights and endangers property owners across the nation; and
Whereas, Article I, Section 8 of the Constitution states "Congress shall have 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"; and
Whereas, the exclusive right of authors and inventors to their intellectual property is being subjected to increasing infringement and threats of infringement by both public and private entities, ranging from global piracy to illegal sharing of content files on college campuses to governmental abrogation; and
Whereas, elected lawmakers have the duty to limit both public and private infringements of private entities' rights to the use and enjoyment of physical and intellectual property on matters within their authority and to oppose such violations on matters without their authority; and
Whereas, the General Assembly of South Carolina believes that governmental takings of either physical or intellectual property for nonpublic uses or purposes, governmental abrogation of physical or intellectual property rights without compensation, and illegal use of physical or intellectual property by private entities are violations of the fundamental rights of the owners of physical and intellectual property. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina memorializes the Congress of the United States to restore, protect, and enhance intellectual and physical property rights in present federal law, pending federal legislation, and all trade agreements.
Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
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