Written by William C. Duncan
October 22, 2024
The Constitution’s reservation of most powers to the States rather than the national government promotes accountability and responsiveness by ensuring that the decisions most likely to impact the day-to-day experiences of citizens will be made by elected representatives closest to them and with whom they can readily interact and hold accountable through their vote. Situating the bulk of government decision-making close to those affected also makes more likely that the unique context in which citizens live will be taken into consideration. This is particularly clear in the context of land use implicated by this case. The practice of federal control of large swaths of unappropriated land in the State of Utah undercuts these principles by ensuring that many land use decisions affecting the people of the State will be made by unelected and distant decision-makers.
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