The House Natural Resources Committee just pushed through its chunk of the budget reconciliation process, carving out $18.5 billion in savings, blowing past its $1 billion goal. Tucked inside is Rep. Mark Amodei’s amendment, a lifeline for Nevada, where the feds control a staggering 84.9% of the land. This amendment targets 449,174 acres for disposal, tackling housing and development crises in a state choked by federal overreach. Washoe County gets 15,860 acres, Clark County 65,129 acres, both with joint selection for affordable housing. Lyon County’s 12,085 acres will feed the Tahoe-Reno Industrial Center II, while Pershing County’s 356,100 acres will be swapped at a 1:1 ratio, keeping federal ownership steady. National Parks and sensitive areas are off-limits, and all disposals must clear NEPA and federal rules. This reconciliation, sidestepping Senate filibuster, rams the President’s agenda forward by bundling committee bills into one vote-ready package.

Constitutional Framework: Federal Authority Over State Lands

The U.S. Constitution spells out federal power over lands, mainly through two clauses. The Property Clause (Article IV, Section 3, Clause 2) hands Congress the ability to “dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” This is the foundation for federal control over public lands. The Enclave Clause (Article I, Section 8, Clause 17) lets the feds take exclusive control over lands bought with state consent for things like forts or dockyards, but it’s narrow and needs state approval.

The Supremacy Clause (Article VI, Clause 2) makes federal law king over conflicting state law, so federal land decisions can steamroll state objections unless they’re unconstitutional. But the Tenth Amendment reserves powers not given to the feds to the states or people, sparking tension when federal land grabs crush state sovereignty. The Admissions Clause (Article IV, Section 3, Clause 1) covers statehood, and some argue it implies states join the Union on equal terms, free from excessive federal land control.

The feds scooped up western lands through treaties, like the Louisiana Purchase or the Treaty of Guadalupe Hidalgo, owning them before states like Nevada existed. The Property Clause lets Congress keep or sell these lands, but the Constitution doesn’t say how much federal ownership inside a state is too much.

Constitutional Argument: Is Federal Ownership of 84.9% of Nevada Constitutional?

The federal government’s chokehold on 84.9% of Nevada’s land is a constitutional travesty, spitting in the face of federalism and the equal footing doctrine baked into the Admissions Clause. Let’s unpack it.

The Property Clause gives Congress wide power to manage federal lands, and courts have backed this up. In Kleppe v. New Mexico (1976), the Supreme Court called Congress’s authority over public lands “complete,” even overriding state wildlife laws. Nevada, created from federal territory in 1864, joined the Union with the feds already owning most of its dirt. The Nevada Enabling Act forced the state to give up claims to unappropriated public lands, locking in federal dominance. On paper, the Property Clause and court rulings say Congress can hold 84.9% of Nevada’s land forever.

But that’s a shallow reading that ignores the Constitution’s soul. The Admissions Clause, tied to the equal footing doctrine, demands that new states get the same sovereignty as the originals. In Coyle v. Smith (1911), the Court struck down restrictions on Oklahoma’s statehood that curbed its rights, stressing that new states must have “equality of constitutional right.” Nevada’s 84.9% federal ownership, compared to New York’s 0.8%, turns the state into a glorified territory, robbing it of the land control eastern states enjoy. This isn’t equality, it’s a mockery.

The Tenth Amendment backs this up. By hogging 84.9% of Nevada’s land, the feds snatch powers reserved to the state, like economic growth and local governance. As Amodei’s amendment shows, Nevada’s communities are suffocating, unable to build homes or businesses without begging Congress. This isn’t governance, it’s a federal fiefdom. The Property Clause’s “needful Rules” don’t justify this stranglehold when it cripples state functions.

The other side leans on precedent and practicality. The feds claim they hold Nevada’s lands for all Americans, managing them for conservation, recreation, or security. Cases like United States v. San Francisco (1940) back Congress’s right to keep public lands for public use. Nevada’s small population and desert landscape might make state management tricky. But these arguments collapse when federal control directly harms Nevadans, as Amodei’s amendment proves, and when conservation can be handled with targeted protections, not total ownership.

The Constitution’s text and structure side with Nevada. The Property Clause isn’t a free pass, it must coexist with federalism and equal sovereignty. Holding 84.9% of a state’s land, especially when it kills development, defies the Framers’ vision of a balanced Union. Congress could keep some land for specific needs, but this level of control, unique to Western states, is unconstitutional overreach.

Call to Action

Amodei’s amendment is a small victory, but it’s a patch on a constitutional gash. The feds’ grip on 84.9% of Nevada’s land isn’t just bad policy, it’s an assault on the Constitution’s promise of equal statehood.

What do you think the federal government can legally dominate a state’s land like this, or does Nevada deserve the sovereignty other states take for granted? Sound off below.

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