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Congressional Discretion Under The Property Clause, Eugene R. Gaetke
Congressional Discretion Under The Property Clause, Eugene R. Gaetke
Law Faculty Scholarly Articles
The property clause of article IV grants Congress the authority to regulate federal lands. In referring to that authority, the Supreme Court has observed that “the power over the public land thus entrusted to Congress is without limitations.”
The simplicity of the Court's statement is appealing. Its implications, however, are troubling, especially for those states in which a substantial amount of federal property exists. If the property clause power of Congress is "without limitations," the power of some states over a considerable portion of the land within their boundaries is severely limited. For those states, an unlimited property clause power …