Wednesday, November 14, 2012

Land Rulings

Land Rulings
POLLARD'S LESSEE V. HAGAN, 44 U. S. 212 (1845)
http://supreme.justia.com/us/44/212/case.html


FORT LEAVENWORTH R. CO. V. LOWE, 114 U. S. 525 (1885)
http://supreme.justia.com/us/114/525/case.html


WILSON V. COOK, 327 U. S. 474 (1946)
http://supreme.justia.com/us/327/474/


7. The State has legislative jurisdiction over the federal forest reserve lands located within it which were public lands of the United States when Arkansas was admitted to statehood. P. 327 U. S. 487.

(a) Upon admission of Arkansas to statehood upon an equal footing with the original States, the legislative authority of the State extended over the federally owned lands within the State, to the same extent as over similar property held by private owners, except that the State could enact no law which would conflict with the powers reserved to the United States by the Constitution. P. 327 U. S. 487.

Page 327 U. S. 476

(b) Such authority did not pass to the United States by virtue of the provision of Article I, § 8, cl. 17 of the Constitution, which authorizes it "to exercise exclusive Legislation . . over all Places purchased by the Consent of the Legislature of the State in which the
Same shall be." P. 327 U. S. 488.

(c) Since the United States did not purchase the lands with the consent of the State, it did not acquire exclusive jurisdiction under the constitutional provision, and there has been no cession of jurisdiction by the State. P. 327 U. S. 488.

(d) Although Arkansas has conferred on Congress power to pass laws for the administration and control of lands acquired by the United States in Arkansas, it has not ceded exclusive legislative jurisdiction either over lands reserved by the United States from the public domain or over lands acquired in the State. P. 327 U. S. 488

UTAH DIV. OF STATE LANDS V. UNITED STATES, 482 U. S. 193 (1987)
http://supreme.justia.com/us/482/193/


HAWAII ET AL. v. OFFICE OF HAWAIIAN AFFAIRS ET AL.
http://www.supremecourt.gov/opinions/08pdf/07-1372.pdf


UNITED STATES V. SIOUX NATION OF INDIANS, 448 U. S. 371 (1980)
http://supreme.justia.com/us/448/371/ 

Why Art. 1, 8, 17 was created:
http://press-pubs.uchicago.edu/founders/documents/a1_8_17s2.html


On the residue, to wit, "to exercise like authority over all places purchased for forts &c.

Mr Gerry contended that this power might be made use of to enslave any particular State by buying up its territory, and that the strongholds proposed would be a means of awing the State into an undue obedience to the Genl. Government--

Mr. King thought himself the provision unnecessary, the power being already involved: but would move to insert after the word "purchased" the words "by the consent of the Legislature of the State" This would certainly make the power safe.