I was recently invited to participate on a continuing legal education panel regarding the transfer of public lands.  Also on the panel was a law professor frequently quoted as saying this effort is "clearly unconstitutional."  I was interested to hear his reasoning. 

This law professor began by showing a colored-coded map of the average annual precipitation of the continental United States.  He pointed out that the western states are more arid than states in the east, implying that, therefore, the federal government keeps all the public lands. Funny, I don't recall an "Arid Clause" in the U.S. Constitution that would waive the federal government's obligation to dispose of the public lands.  This flawed argument also ignores the fact that the two states with some of the most precipitation are Alaska and Washington, respectively, whose lands overwhelmingly remain under federal control. 

Compare the following maps.  The first is a map of the average precipitation levels within the United States.  The second shows the public land still held in federal trust.  Notice that some of the very places that have the most rainfall also are held almost exclusively by the federal government.

It is time to educate ourselves and all of our elected officials about

The Only Solution Big Enough to (1) fund education, (2) better care for our lands and forests, (3) protect access, (4) create jobs, and (5) grow local, state, and national economies and tax base.  This is within our reach.  We simply have to band together and "do battle" to compel Congress through political persuasion, and litigation as necessary, to honor the same statehood promise that it made to all states, not just those east of Colorado, and finally transfer title of the public lands to all willing western states.