Property Clause

Arguing that, when read in conjunction with the Article I Enclave Clause, “other Property” was understood by the ratifying generation to include land owned by the federal government within a state’s boundaries which did not qualify as an enclave. 

Documenting that the Property Clause was ratified without much comment, and the scope of power it granted Congress was uncontroversial.

Arguing that early Supreme Court precedent supports a broad construction of the Property Clause.