Ballotpedia on the three dominant ways to interpret the Constitution

For tomorrow's dual credit 2305:

- Living Constitution.
- Originalism.
- Textualism.

You might find this useful as well: Theories of Constitutional Interpretation.

The U.S. Constitution's Property Clause

Disputes about the constitutionality of the Antiquities Act center on the following part of the Constitution. This is known as the Property Clause:

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.

The Top 21 Sources of Legislative History

This might be of interest to 2305 students since we are now looking at the judiciary and also discussing how the courts go about the business of interpreting the Constitution and statutory law.

One things some judges and justices look to - though some discount it - is legislative history. This helps judges understand what legislators were trying to accomplish when they passed a law they might be reviewing.

The blog of Nicholas J. Wagoner - which appears to be dormant - runs through the top 21 places judges may look to seek out legislative history.

- Click here for a description.

In order of importance they are:

1. Conference Committee Reports
2. Committee Debates and Bill Mark-ups
3. Committee Reports
4. The Status of the Person Speaking—Sponsor, Committee Chairman, Floor Leader, Etc.
5. Accepted and Rejected Amendments
6. Floor Debates
7. Planned Colloquy
8. Transcripts of Discussions at Committee Hearings
9. Prepared Statements on Submission of a Bill, in Committee Hearings, and at the Time of Floor Debates
10. Revised and Amended Statements
11. Actions on and Discussions About Separate Bills on the Same Topic
12. Prior Relevant Administrative Action or Judicial Decisions, with or without Congressional Acknowledgement
13. Executive Branch Messages and Proposals Whether from the President, Cabinet Secretaries, or from Independent Agencies
14. Analysis of Bills by Legislative Counsel
15. Analysis of Bills by Relevant Executive Departments
16. Related Statutes, Provisions, and Terms (click here)
17. Dictionaries (click here)
18. Statements by Executive Branch Administrators (click here)
19. Statements and Submissions by Lobbyists (click here)
20. Subsequent or Prior Unrelated, but Conflicting Legislation (click here)
21. Recorded Votes