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Federal Ownership of Public Land and Western Sectionalism

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National land policy from the late eighteenth century up to the Civil War played a crucial, yet largely unappreciated, role in shaping America’s federal democracy. It would produce a profound political consequence; antebellum land policy generated a widely perceived grievance in the new states that was central to the rise of Western sectionalism.
The Northwest Ordinance of 1787 detailed the mechanism for entry of new states into the union. Although it declares that new states were to be admitted “on an equal footing with the original states in all respects whatever,” the document failed to establish a system for the incorporation of new states which duplicated the intergovernmental relations that the original thirteen states enjoyed with the federal government. The Ordinance created what would become, in effect, a second class of states. The original states retained ownership of their public lands. However, in the “public land states,” while some land would be turned over to the state governments, most of the land was owned, and disposed of, by the federal government. This inconsistency was widely debated in the first half of the nineteenth century and emerged as an unresolved Western grievance.
While political scientists have examined how American federalism has changed temporally, this paper contends that federalism also varies spatially. It is this “differential federalism” which provides the theoretical foundation of this analysis. The problematic addressed here is why national land policy came to be applied on a differential basis across groups of states.

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state (157), land (122), feder (72), public (62), govern (51), western (40), polit (38), nation (37), would (37), new (37), equal (29), constitut (24), centuri (22), right (20), american (20), origin (17), congress (17), domain (16), first (16), west (16), one (15),
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Bunke, Bruce. "Federal Ownership of Public Land and Western Sectionalism" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC, Sep 01, 2005 <Not Available>. 2011-03-14 <http://www.allacademic.com/meta/p40156_index.html>

APA Citation:

Bunke, B. G. , 2005-09-01 "Federal Ownership of Public Land and Western Sectionalism" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC Online <PDF>. 2011-03-14 from http://www.allacademic.com/meta/p40156_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: National land policy from the late eighteenth century up to the Civil War played a crucial, yet largely unappreciated, role in shaping America’s federal democracy. It would produce a profound political consequence; antebellum land policy generated a widely perceived grievance in the new states that was central to the rise of Western sectionalism.
The Northwest Ordinance of 1787 detailed the mechanism for entry of new states into the union. Although it declares that new states were to be admitted “on an equal footing with the original states in all respects whatever,” the document failed to establish a system for the incorporation of new states which duplicated the intergovernmental relations that the original thirteen states enjoyed with the federal government. The Ordinance created what would become, in effect, a second class of states. The original states retained ownership of their public lands. However, in the “public land states,” while some land would be turned over to the state governments, most of the land was owned, and disposed of, by the federal government. This inconsistency was widely debated in the first half of the nineteenth century and emerged as an unresolved Western grievance.
While political scientists have examined how American federalism has changed temporally, this paper contends that federalism also varies spatially. It is this “differential federalism” which provides the theoretical foundation of this analysis. The problematic addressed here is why national land policy came to be applied on a differential basis across groups of states.

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Document Type: PDF
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Word count: 6257
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Federal Ownership of Public Land and Western Sectionalism Bruce Bunke Political Science Department College of the Holy Cross bgbunke@verizon .net 508.754.6565 Prepared for presentation at the American Political Science Association Annual Meeting Washington D.C. September 1-4 2005 Introduction 2 National land policy from the late eighteenth century up to the Civil War played a crucial yet largely unappreciated role in shaping America’s federal democracy. It would produce a profound political consequence; antebellum land policy generated a widely perceived grievance
public land states that achieved statehood before 1900 the comparable figure is 21.7 percent.37 The inconsistency in national land policy identified by differential federalism generated the 35 Joseph Story Commentaries on the Constitution quoted in The Founders’ Constitution: 551 36 U.S. v. Gratoit (1841 1846) Jourdan v. Barrett (1846) and Van Brocklin v. Tennessee (1885) are but three examples from this group of U.S. Supreme Court cases. 37 Clawson: 153. In Nevada the state where the Sagebrush Rebellion was


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