Apr 012010
Didn’t see this a few days ago, but now that I have, it’s FRICKEN’ AWESOME.
http://www.latimes.com/news/nationworld/nation/la-na-utah-eminent-domain29-2010mar29,0,1717770.story
6 Responses to “Utah governor signs bills to seize federal land”
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My understanding is that federal law takes precedent over state law. I can’t see the Supreme Court allowing this.
It’ll certainly be an uphill battle, and the USSC has certainly come down on the wrong side of emminent domain before… but if states don’t have the right to their own territory, what *do* they have the right to?
Us Constitution, Article I, section 8:
… and to exercise like authority over all places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-yards, and other needful buildings;…
Even the fact that Utah signed the legislation at all is incredibly encouraging. Whether the Supreme Court upholds it or not, it is still a slap in the face of the Capitol, which will get even better if a few other states decide to follow suit. The Supreme Court might strike it down, but if they’re forced to strike down case after case, it will start to reflect really badly on Capitol Hill and hopefully galvanize some more supporters of states’ rights, the 10th amendment and limited government.
>for the Erection of Forts, Magazines, Arsenals, dock-yards, and other needful buildings;…
Trust me… 60% of Utah is *not* covered by forts. Mostly just… shadows and dust.
Yes, that constitutional clause describes some limits on the federal government purchase of land. Exceeding any one of those limits could be cause for upholding the Utah resolution. The circumstances of how that land became federal may be important.