Northwest Ordinance

[Keith Broaders]

The Northwest Ordinance is constitutional. Although initially passed in 1787 under the Articles of Confederation, the newly formed U.S. Congress officially re-enacted and adapted the law in 1789. It remains a valid and operating framework, particularly regarding its bedrock principle that new states are admitted on an equal footing. [1, 2, 3, 4]

The Equal Footing Doctrine is a constitutional principle guaranteeing that all newly admitted U.S. states enter the Union with the exact same legal rights, sovereignty, and political authority as the original thirteen states. Congress cannot impose unequal conditions or strip a new state of its inherent governmental powers upon admission.

Equal Fooring Doctrine

Each new state admitted to the union had to be admitted on equal footing. The percentage of the land in the new states had to be equal to that of the otiginsl thirteem.

Federally owned land makes up a very small percentage of the original 13 states, averaging only about 4% to 5% of the total land area. This is vastly lower than the national average, as roughly 92% of all federally owned acres are located in Alaska and the 12 Western states. [1, 2, 3]

Federally owned land accounts for about 47% of the combined land area across all U.S. states admitted to the Union after 1787. Unlike the original 13 states where vacant land belonged to the individual states, the federal government retained ownership of vast territories in the West and Alaska upon statehood. [1, 2, 3, 4]

Article 1 Section 8 Clause 17 – Enclave clause

[The Congress shall have Power] To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.

This Land in Not Your Land
Laurence Vance