What to do with public land has been a conundrum for us since before the ink was dry on our Constitution. If you look at a map of the United States as it existed in 1787, you’ll see the 13 original states, but also a vast swath of land called the Northwest Territory that wasn’t included within any state’s border.
Opinion
A few years later, after the Louisiana Purchase, the United States doubled in size and pushed our nation’s border westward to the Mississippi River. Thus began the debate over how this land should be occupied.
Leading this debate were two of our founders, Alexander Hamilton and Thomas Jefferson, who approached this question from different philosophical standpoints that frame the debate to this day.
Hamilton, a closet monarchist, wanted to impose the European model of land tenure on the newly acquired property of the United States. Under this system, new land would be given to wealthy elites to establish an American aristocracy. He argued that, as in Europe, this new land-owning aristocracy would provide built-in support for the government that made them rich through land.
Hamilton envisioned that the Earl of Ohio or the Baron of Louisiana would populate their fiefdoms with serfs who would break the soil, fill the land and share the products with their feudal lords. The lords would kick back some of the increase to the government (or the crown, if you prefer), and raise an army of serfs to defend the nation, if required.
The European model had functioned for centuries after the fall of Rome, and Hamilton believed it would work here as well. To him, as the nation expanded, so would the aristocratic class, thus providing the backbone of the new country.
Jefferson, an anti-Federalist rebel, was aghast at this idea. He had a bellyful of monarchs and aristocrats and posed another option. Jefferson’s ideal of the yeoman farmer would prevail, and the new nation would expand on the shoulders of the common American frontiersmen who would build the United States ever westward, farm by farm, town by town.
Hamilton’s thinking was old, Jefferson’s new. Hamilton was elitist and top-down. Jefferson was democratic and bottom-up. Those two schools of thought about land are with us today.
When the dust settled after Manifest Destiny, and the country stretched coast to coast, the government instituted various homestead acts to encourage population growth in the nation’s vast interior. We, in the American West, live in the world that Jefferson shaped.
But not every acre was settled by homesteaders and the towns that sprang up around them. There remain more than a million square miles of unsettled land that is still in the public’s hands, and it should remain that way. Every citizen shares ownership of this land. It is our American heritage, and a common touch point for us. We can all use it, because it is in OUR hands. This land equalizes us.
When we hear political forces clamor for the public’s land to be sold, we should remember the tension between the Hamiltonian and Jeffersonian models of land tenure. If we permit our public land heritage to be sold to the highest bidder, for whatever reason, we accept Hamilton’s misguided notion that our country should belong to an aristocratic class of oligarchs instead of “we the people.”
The choice is pretty stark. We can cash out our shared land holdings in order to fund federal profligacy by selling our public domain to wannabe earls and barons, and thus become a nation of strip malls and trophy ranches coast to coast. The question becomes, “What shall we do with our shared soil?” We can pave it over so that rich folks can get richer. That seems to be the direction our Wyoming congressional delegation is leaning and, for the life of me, I can’t figure out why — other than tossing a posthumous bone to Hamilton.
Or we can scratch and claw to preserve our public lands, and keep them out of the greedy hands of Wall Street elites. If we choose that course, we’ll be able to bequeath the legacy of democratically held land to our great-grandchildren from a generation that loves them and wants them to enjoy what is rightfully theirs. We will keep our shared soil fertile, to nourish the roots of the American middle class. We can pass along to them the gift that Thomas Jefferson gave us.

Our Wyoming delegation in Washington all think this is a great idea. Hmmmm? I wonder why? Oh, of course, their donors. This will be a boon to billionaires like the owner of the Elk Mountain Ranch. He will be a winner on the corner-crossing debacle as he will just purchase those land-locked government parcels and put an end to the controversy. And the people of Wyoming elected these ‘servants of the people’?
As a septuagenarian Wyoming native, I’ve heard it said many times by “old timers”: “It’s public land, but the government owns it.” I’m sure that’s why our Wyoming delegation of three appears to agree unanimously. Their rich donors lean toward the Hamiltonian model. While money has politically controlled land and its use, the “public land” in Wyoming has always been exploited for everything from beaver, buffalo and grazing–to oil, gas and minerals extraction, with little historical regard for conservation or public interests. The recently postulated geothermal development of Yellowstone is a potential future example. On the other hand, such industries have always meant jobs for the people of Wyoming and tax dollars for both the state and the federal government. Not sayin’ it’s right, just sayin”.
Rod,
This is a fantastic opinion article. It would reach much more Wyoming folks if you still worked for CSD and did two articles a week. I only come to WyoFile to read you. There are many like me. You need to be heard with someone to debate your take. Not an echo chamber.
A year or two ago you and Dave Simpson wrote different opinions on the same subject on CSD. I shared those articles with a friend and he said “I could agree or disagree with both of them but I bet we all could agree on a lot of stuff over a couple of beers.”
Wyoming needs you in the middle and giving your opinion to the majority, not the minority.
Jason Zakotnik
Wyoming residents need to ask themselves how their lives will be affected if the federal land is sold. Some thought on the subject will find most Wyomingites will not be improved by selling the Federal land
Great opinion piece. I would say this country is going to the dogs, but dogs are really nice and sweet and usually very friendly
We have to continue to fight against this tyranny . Rod said in a previous opine that protesting was fine, but we really needed to get out and get people signed up for the vote. That’s coming, but we still have to do things like protest the June 14 presidential military parade. We need to protest whenever we can.
Trump said on TV that if people were gonna protest on June 14 that they would come across his toughness. So isn’t threatening people illegal?
It Not going deter me from showing up at the capital on the 14th and carrying my sign. When it comes time to get people out to vote or get people registered, I will be doing that too.
Donald Trump and many people in the Republican Party that follow him are dangerous. We need public land and to sell it off is madness. It belongs to the people.
Well put, Rod. I totally agree.
Thank you once again for pointing out the truth. The majority of people are with you and keeping it our land. We fled Europe from this very thing. If we don’t hold on to it we lose the very FREEDOM that these lands provide.
Thanks for writing this Rod. I’ve always maintained that these land are the single most valuable asset owned by Americans. They are our birthright, and anyone seeking to sell them should be voted out of office.
The next worse thing is to allow private companies to manage them. That’s a de facto sale, and the public ends up paying corporations exhorbitant fees to use their own land. We need to keep our federal agencies, Forest Service, Park Service, and BLM, strong and staffed with experts in the field of resource management.
I agree. Public land is a treasure we can all enjoy. And we need guaranteed access so that the would-be oligarchs among us can’t lock it up for their private playground.
Absolutely! I am infuriated that the powers that be-meaning our Senators and Representative would even consider this is beyond comprehension! Have they talked to the people of WY? Most would say a resounding NO!
Spot on. And the American West still retains a less rigid and hierarchical social structure than the more entrenched East Coast. It’s changing, but keeping our public lands for the public is a bulwark for equality.
Amen, Rod. Those ‘useless ‘ acres of sage brush and open space are homes to wildlife and plants that help make us who we are as citizens of the US..it’s our legacy, more than worth fighting for.
Couldn’t agree more. We owe it to our ancestors and those who’ll come next. It belongs to none of us, because it belongs to ALL of us.
Well said, thank you
Well said. Our congressional members believe that we will keep them in office even if they knife us in the back. Unfortunately I think they’re right. We must vote them out of office. They talk out of both sides of their mouths, thinking that they can fool us. Don’t be fooled by the three traitors.