The federal government controls a staggering one-third of all American land, including half of everything west of the Rocky Mountains. But does this massive federal land ownership align with our founders' vision for America?
Ken Ivory, a longtime advocate for constitutional land management, takes us deep into this overlooked but critical issue. Drawing from constitutional text and founding history, he explains how Article 1, Section 8, Clause 17 specifically limits federal land ownership within states to land purchased with state legislature consent for military installations and other specific purposes. During constitutional debates, Elbridge Gerry warned that allowing broader federal land powers would enable government to exercise "undue awe" within states – precisely what we're witnessing today.
The conversation unveils what Ivory calls "the first great compromise" that preceded the more famous Connecticut Compromise. Land-poor states like Maryland refused to join the Articles of Confederation for five years over fears that land-rich Virginia would sell western territories, forcing Maryland to raise taxes. The resolution came through establishing a constitutional trust whereby federal lands would be transferred to create "distinct republican states with the same rights of sovereignty" as existing states – a promise ultimately broken for Western territories.
Beyond constitutional concerns, the podcast explores practical impacts of federal mismanagement: catastrophic wildfires from poor forest maintenance, economic opportunities squandered, and state tax bases artificially constrained. While hunters and outdoor enthusiasts often fear losing access under state control, Ivory makes a compelling case that states have every incentive to maintain recreational opportunities while implementing better management practices responsive to local needs.
Ready to understand a constitutional issue that affects millions of acres of American land? Listen to discover how returning to our founders' vision of state sovereignty could create an "economic, constitutional, environmental renaissance" benefiting all Americans. Follow Ken Ivory's work at nationalfederalisminitiative.org and join the movement to restore proper constitutional governance.
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