Searching for Cliven Bundy: The Constitution and Public Lands

Abstract

This essay explores the debate over federal lands in the West through the lens of the Cliven Bundy story. I try to frame Bundy's legal/constitutional arguments in as positive light as possible, before ultimately concluding that they are without merit. I suggest that, even though the Bundys and their followers have largely escaped prosecution, they have little chance of success in the courts on their underlying property claims. With the spotlight the recent dismissal of charges has brought to them, the Bundys would thus be better off pursuing their agenda in the political branches.

Keywords: Bundy, Federal Land Management, Enclave Clause, Property Clause, BLM, Constitutional Theory, Constitutional History