Limiting the Property Clause

The Supreme Court has repeatedly held that the Property Clause of the Constitution grants Congress the power to regulate the public lands “without limitation.” My latest Article argues that the Court’s interpretation of the Property Clause is inconsistent with constitutional history, antithetical to structure principles of federalism, and undesirable from the standpoint of environmental law. I have a few related posts in the works, including posts on shelters for migrants on federal lands, the equal sovereignty doctrine, relying on immoral precedent, and constitutional symmetry.