Forum Discussion
dahkota
Jun 10, 2015Explorer
The US Constitution is not vague on property ownership. Read Article 4, Section 3, Clause 2: The Property Clause.
The US Government purchased or acquired land in the west through the Louisiana Purchase, The Gadsden Purchase, the Mexican Succession, the Texas Annexation, the Treaty with Great Britain, and the purchase of Alaska from Russia. No states existed prior to the land additions - the state governments came AFTER the Feds acquired the land. The Feds GAVE some land to the states and to citizens to make a state. But not all of it, nor were they required to.
Congress only needs consent of a state legislature when acquiring state lands. However, the Feds can use Eminent Domain to acquire land it feels it needs, regardless of state permission. The states can also use Eminent Domain (as Utah is trying to do) but the Feds can over rule it.
The US Government purchased or acquired land in the west through the Louisiana Purchase, The Gadsden Purchase, the Mexican Succession, the Texas Annexation, the Treaty with Great Britain, and the purchase of Alaska from Russia. No states existed prior to the land additions - the state governments came AFTER the Feds acquired the land. The Feds GAVE some land to the states and to citizens to make a state. But not all of it, nor were they required to.
Congress only needs consent of a state legislature when acquiring state lands. However, the Feds can use Eminent Domain to acquire land it feels it needs, regardless of state permission. The states can also use Eminent Domain (as Utah is trying to do) but the Feds can over rule it.
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