Rattling the Pentagon’s Cage: Defend the Guard Legislation Threatens the Unconstitutional Status Quo

Threats from Pentagon officials doomed a West Virginia bill that would have blocked unconstitutional foreign deployments of the state’s National Guard troops and effectively restored the founders’ framework for a state-federal balance on the Guard.

But while the bill failed to pass, its story reveals the power and potential of this approach.

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Federal Land Ownership: Is It Constitutional?

A 2005 University of Colorado Law Review article by Robert G. Natelson of the Independence Institute titled “Federal Land Retention and the Constitution’s Property Clause: The Original Understanding” attempts to answer that question by carefully examining the historical record against conservative and liberal interpretations of the Property Clause of the Constitution.

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