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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Reserved to the states respectively, or to the people

EDITOR’S NOTE: St. George Tucker was one of the most influential legal scholars of the early American republic. His View of the Constitution of the United States was the first extended, systematic commentary on the Constitution after it had been ratified by the people of the several states and amended by the Bill of Rights. And his Blackstone’s Commentaries, from which the following excerpt originates, was the major treatise on American law in the early 19th century. Lawyers arguing before the Supreme Court of the United States would frequently cite to Tucker’s Blackstone - more often than any other commentator until 1827.

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