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Keyword: propertyclause

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  • Federal Land Retention and the Constitution’s Property Clause: (Univ of Colo Law Review)

    04/16/2014 3:12:56 PM PDT · by xzins · 108 replies
    Federal Land Retention and the Constitution’s Property Clause: The Original Understanding (Conclusion) Robert G. Natelson* Conclusion Considered from the vantage point of original meaning, both the conservative and liberal interpretations of the “other Property” portion of the Property Clause are partly correct. The liberals are correct in that the Constitution – not just arguably, but clearly – authorizes permanent property ownership outside the Enclave Clause. The clarity of this result flows both from the text of the document and from comments made during ratification. Moreover, the liberals are correct in suggesting that those lands are subject to a public trust...