Turtles and cows have absolutely no relevance to the situation in Nevada. Does the Constitution make provision for the federal government to own and control “public land”? This is the only question we need to consider. Currently, the federal government “owns” approximately 30% of the United States territory. The majority of this federally owned land is in the West. For example, the feds control more than 80% of Nevada and more than 55% of Utah. The question has been long debated. At the debate’s soul is Article IV, Section 3, Clause 2 of the Constitution, which is know as the “Property Clause”. Proponents of federal expansion on both sides of the political aisle argue that this clause provides warrant for the federal government to control land throughout the United States.
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….
Those who say this clause delegates the feds control over whatever land they arbitrarily decide to lay claim to are grossly misinterpreting even the most basic structure of the Constitution.
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