In the 1908 case of McLean v. State of Arkansas, the United States Supreme Court addressed a dispute over land ownership. The plaintiff, McLean, claimed that he had purchased certain lands from Native American tribes under treaties ratified by Congress and thus held valid title to these lands. However, the state of Arkansas asserted its own claim to these same lands based on an act passed by Congress in 1836 which admitted Arkansas into the Union and granted it all unappropriated public lands within its borders for various purposes including support for schools. The court ruled against McLean stating that his purchase did not give him legal title because at the time when those purchases were made, federal law prohibited private citizens from purchasing land directly from Native Americans without government approval - something which was not obtained in this case. Furthermore, even if such approval had been given and despite any treaties with native tribes recognizing their occupancy rights or claims to certain territories; ultimate sovereignty (and therefore ultimate ownership) over all U.S territory always resided with Federal Government who could dispose off such territories as they saw fit.

In the dissenting opinion for McLean v. State of Arkansas, Justice Harlan argued that the majority's decision was a misinterpretation of constitutional law and an infringement on individual rights. He contended that the state had no right to force individuals to sell their property against their will, even if it is for public use. The Constitution only allows such action when just compensation is provided, which he believed was not adequately addressed in this case. Furthermore, he disagreed with the majority’s view that a person could be compelled by law to accept any price fixed by a jury or commission without regard to its adequacy or fairness. In his view, this violated due process under the Fourteenth Amendment as it deprived citizens of property without fair compensation and proper judicial procedure.