Statehood: The Territorial Imperative : an Essay
"Statehood: The Territorial Imperative is a meticulous inquiry into the origins of the American states, the federal territorial land system and the relationship between the two. The text relies upon commentary of the Framers, other contemporaneous commentary and Supreme Court decisions and decisional dicta to derive its conclusions. The conclusions arrived at pose a forceful and provocative challenge to conventional thinking about the federal trust respecting public lands as it is understood and applied in the 21st century. This text will be of value to students of constitutional federalism, constitutional originalism and American history.
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IN TRUST THE ORIGIN AND PURPOSE OF TERRITORIES OF
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acquired admission admitted Appendix Articles of Confederation authority Biddle borders ceded citing Claims Clause complete congressional consent construed Declaration delegated power denied disposition eminent domain enabling act compacts Enclave Clause enumerated equal footing exercise expressly extinguishment federal government federal power federal Territorial federal title Federalist FLPMA Framers Hagan Hamilton holism independent instrument intended Jefferson John Taylor judicial Kleppe Kohl legislative power legislature liberty Madison Magna Carta maritime and territorial municipal needful rules Northwest Ordinance original Pollard possess power to dispose pre-statehood Territories President principles Property Clause construction public lands purpose remain republican respecting right and title rules and regulations self-governance Senate solemn trust sovereign power sovereignty and jurisdiction stare decisis statehood subchapter supremacy Supremacy Clause Supreme Court Territorial and public Territorial governance territorial jurisdiction Territorial lands territorial sovereignty Trust Compacts trust established U.S. Constitution union United unlimited Virginia words