Constitutional arguments against federal control of water power
A 1915 minority view accompanying H. R. 16673 argues that federal leasing of government lands for hydroelectric power would intrude on state sovereignty and the rights to regulate water use. It lays out core legal principles and cites court decisions to show why such a bill would be unconstitutional.
The text frames the issue through a series of premises about federal and state powers, the nature of public lands, and the ownership of flowing water. It then analyzes the bill’s provisions, pointing to potential conflicts with state water laws and the traditional American balance of powers.
- Key constitutional claims about state ownership of water and the limits on federal power
- Arguments that the government acts as a private landowner, not a sovereign regulator, in water use
- Reference to historical case law and how it shapes current policy debates
- Critique of using public lands to control water use for power generation
Ideal for readers of early 20th‑century public policy, constitutional history, and debates over federal versus state authority.