This is an interesting case but probably futile. Good old-fashioned elections will have to resolve the issue…
Article IV Sect. 3, Cl. 2 states: “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.”
Article VI makes federal law the supreme law of the land.
And according to the U.S. Supreme Court in 1917 in Utah Power & Light v. U.S. eminent domain was specifically denied as a means for states to use against the federal government. Of course — “Separate, but equal” was a Supreme Court holding as well so it might not be a waste of time for Utah to pass this law and then try it in court. Perhaps the Supreme Court will reverse itself, but probably not — and thus Utah and others will have to elect representatives who are responsive.
I am sympathetic to their cause.
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If this law works its way through the courts up to the SCOTUS and it goes against Utah, wouldn’t it be interesting if Utah’s governor were to declare, “The Supreme Court made its decision. Now let them enforce it.”
What kind of chaos would ensue were the federal government to march forces into Utah in order, not to ensure that children had access to an education, but to take land away from the people living in Utah?
the gauntlet has been cast-good for Utah!
C-CS