Congressional Discretion under the Property Clause

Authors

Eugene R. Gaetke

Abstract

The Supreme Court has described Congress' power under the property clause of the Constitution as "without limitations." The implications of a congressional power that is limitless are troubling, particularly when Congress invokes the clause to regulate conduct on nonfederal land. This Article challenges the Court's statement that the property clause is limitless and suggests a balancing approach for determining the proper scope of congressional power under the property clause.

Recommended Citation

Eugene R. Gaetke, Congressional Discretion under the Property Clause, 33 Hastings L.J. 381 (1981).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol33/iss2/3