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; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
This provides the constitutional authority for the act.
Here are links for background related to this clause:
- Heritage Foundation: The Property Clause.
- The Founders' Constitution: Article 4, Section 3, Clause 2.
- CRS: Federal Land Ownership: Constitutional Authority and the History ofAcquisition, Disposal, and Retention.
- University of Kentucky: Congressional Discretion under the PropertyClause.
- William and Mary: Proclamations, National Monuments, and theScope of Judicial Review under the Antiquities Actof 1906.
But questions remain about the interpretation of the clause.
The DC Circuit Court dismissed a case arguing that President Clinton violated the Constitution when he used the act to declare six national monuments.
- Click here for Mountain States Legal Foundation v. Bush.
As I can see it - there has yet to be an authoritative limit placed on the extent of this clause. This is important because, as you should be aware, the United States expanded rapidly after the Constitution was ratified. The federal government took control of lands that were not already states, and was the primary driver in efforts to grab additional lands to the west. These efforts included the Louisiana Purchase and the Mexican-American War.
While lands became states over time, much of the land within it remains federal territory. Texas is different because since it was a sovereign nation for a few years, it owns the bulk of its public lands. Western states continue to try to expend their control - if not ownership - of these lands.
