Question 1: According to the Constitution, does the federal government have the power to seize state land to build military bases or armory?According to the Constitution of the United States of America, the federal government does not have the power to seize state lands to build military bases or armory without fair compensation. According to the Fifth Amendment, “…nor shall private property be taken for public use, without just compensation”. This clause poses a restriction on the actions of the government, especially in terms of the use of public and private land. Furthermore, the primary function of the government under the U.S. Constitution is to secure the rights that are guaranteed by this document to the people. Thus, the government does not have the legal right or power to seize the lands to build military bases. The government is not granted the right to violate the fundamental guarantee of the Constitution.
Question 2: Does this power, or lack of it, raise any environmental policy?
Undoubtedly, the government may not seize the land to build military bases because it raises specific environmental policies. According to the National Environmental Policy Act (NEPA), the federal government must disclose major federal actions including the use of the land to establish military bases. The construction of the military bases on state or private land raises significant environmental concerns. The fact alone that the public land is to be used for the building of military base suggests that the unconstitutional seizure of the land is accompanied with the potential harm done to the environment in the result of military training or other army-related activities. The environmental impact of the military bases is a matter of public as well as legal concern. Even though the National Environmental Policy Act does not prohibit the establishment of the military bases, the government is required to disclose the impact of construction on environment. —————————————————————————–
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