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(The New American) The federal government lost track of almost 15 million acres of land — an area that would cover the states of Vermont, New Hampshire, and Connecticut — yet insists that federal agencies are the best stewards of “public” land.
An article published by the Foundation for Economic Education (FEE) relates how this massive mishandling of resources came to …
As is our habit, we will begin with the black letter of the U.S. Constitution. Article I, Section 8 …
Now, from that text we will cull the constitutional requirements for the federal government to assume control of land within the United States.
First, the land must be purchased.
Second, the purchase of the land the federal government wants must receive the permission of the state government from the state wherein the land is located.
Third, the land may only be used for forts, magazines, arsenals, dock yards, or “other needful buildings” (of military use).
Where did the Founding Fathers get the idea that the general government could only exercise control over land if the land was to be used for military purposes? From an Anglo Saxon law known as the Trimoda Necessitas. The Trimoda Necessitas is first attested in…
