Who is really in charge here?
Can the Federal Government own land?
Apparently so, if one reads the constitution. “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state..” Stated in Article IV reads fairly clear.
But where are the limits? If one were to go with that part as it has been interpreted, the congress then has power to declare all land to be under it’s jurisdiction, and subject no longer to the respective states, right? Obviously not if practice is our guide. At some point there is a limit where the states retain control over their respective borders. A further restraint on the ability of the federal government and Congress to simply take over land.
Yes, it is ALSO in the constitution. And YES, it has been ignored. Article 1 Section 8 clearly sets forth a manner under which the federal government may acquire and control property.
“To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; ..”
Emboldened parts being relevant.
(11)Nuh Uh.
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