JUNEAU, Alaska (Aug. 29, 2016) – The federal government just stole an area of land the size of New Mexico from the state of Alaska, and the state didn’t blink an eye. But it could fight back it if wanted to.
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The Constitution grants no authority to retain acreage for unenumerated purposes
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There are at least three legal bases for concluding that the federal government is obligated to dispose of surplus acreage
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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.
DetailsOn the extent of federal power to own land, there are generally two polar positions. But according to the original meaning of the Constitution, both are false. Rob Natelson explains.
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The Constitution. Every issue, every time. No exceptions, no excuses.
