That is the title of my most recent work in progress, which is available here via SSRN. Here is an abstract of my paper: “In the United States, most official responses to the current pandemic have included some sort of a suppression policy–the shutting down of non-essential business and economic activities–in order to promote “social distancing” and slow the spread of infection. This white paper will not question the wisdom or efficacy of such economic suppression policies. Instead, this paper will make a modest constitutional proposal: that all such suppression polices occur within a well-defined legal and property-rights framework under the Takings Clause of the Fifth Amendment to the U.S. Constitution.”
