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Quixote1818

(28,932 posts)
Wed May 14, 2014, 04:06 AM May 2014

Federal Property Explained in the Constitution

Currently with issues like Cliven Bundy and the ATV issue in Utah over the weekend, there is a lot of misinformation going around suggesting the federal Government can only own land in Washington D.C. etc. BS like this for example which I keep coming across:

"Obeying the law", an indiscriminate and illegitimate law, works under a Sovereign dictatorship, but that's not what this country is about. Those laws must be congruent with the terms of the Constitution, and they have long not been so. The federal government is not only not entitled to own lands in any of the States, but also the Constitution does not allow for any federal laws applicable directly to the people of those several States.

It goes on with a bunch more misinformation probably from some sovereign citizen website. So here is the place in the Constitution that addresses Federal property:

Snip> The second clause that resides within the third section of Article 4 is entitled "Federal Property and the Territorial Clause". It authorizes Congress to do away with as well as create and maintain all lands existent within each State residing as Federal properties. In addition, it specifies that nothing within the Constitution will place any restraints whatsoever upon the right of the United States Government to reign over such rules for each State. The Government reserves the right to set aside lands by its own volition. This Clause allows Congress to reside over the transactions attached to that of Federal property. This leaves the United States as the final authority when referencing concerns of Federal properties. - See more at: http://constitution.laws.com/article-4/federal-property#sthash.wATCMxtC.sJwfhQAK.dpuf


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Federal Property Explained in the Constitution (Original Post) Quixote1818 May 2014 OP
My response to the kind of nonsense above Quixote1818 May 2014 #1
I was wondering how those idiots would feel if safeinOhio May 2014 #2
Well done. But will they leave their conservative infotainment bubble long enough to think? freshwest May 2014 #3

Quixote1818

(28,932 posts)
1. My response to the kind of nonsense above
Wed May 14, 2014, 05:42 AM
May 2014

For anyone interested, this is how I responded to the following misinformed post. My response is at the bottom of the page:

IT"S CALLED STANDING UP FOR OUR RIGHTS! READ THE FACTS! QUIT BEING A ASS KISSER!

"Obeying the law", an indiscriminate and illegitimate law, works under a Sovereign dictatorship, but that's not what this country is about. Those laws must be congruent with the terms of the Constitution, and they have long not been so. The federal government is not only not entitled to own lands in any of the States, but also the Constitution does not allow for any federal laws applicable directly to the people of those several States.

Ever wonder how the "Federal State of Nevada" came about with a claimed 85% federal ownership?

In 1845 the Supreme Court indicated in Pollard Lessee v Hagan not only that each State is sovereign over "all the lands" within her boundaries, and that no "compact" made by a State (in this case, the Nevada Constitution) can diminish that sovereignty, but also recognized a doctrine going back before the ratification being applicable to the federal government, the Equal Footing Doctrine, which ensured that Sovereignty.

The only reason the feds claim ownership of those lands, is from continuing to promate a criminal act by the federal government, that being Lincoln martial law. Acting as martial law dictator, Lincoln rushed Nevada Statehood so as to continue to control Congress in his second term, with his puppets not only controlling Nevada but incorporating a reference to the maintenance of those federal lands in the Nevada Constitution. Lincoln also wanted Nevada ore (gold) to pay for the Civil War. However as per the Hagan Court case, not only can the Nevada not legitimately give up its lands, but neither can the Federal government take authority over those lands when the Constitution itself provides no provision to hold those lands.

Not only do the feds have no legitimacy there, and should have been disarmed by force, but there is no authority for a slate of federal laws above State law, nor for "hate crimes", nor the EPA, FDA, DOH, Homeland Security, all working to make our country a federally dictated prison. The actions of BLM are nothing but a criminal enterprise operating by conspiracy to promote and advance the initial theft, in violation of the Constitution and Law of the Land, and every federal agent that acted with use of force should be prosecuted to the fullest extent of the law, for conspiracy, abuse of rights under the color of law, and any loss of life and property that might occur.


My response:

Too many Sovereign Citizen websites for you. First of all, the constitution clearly states the Federal Gov. has rights to those lands. See here: http://constitution.laws.com/article-4/federal-property Second, the states don't want all that land because it's too expensive to take care of. Third, Pollard vs Hagan had to do with SUBMERGED lands like river ways. The basic idea behind the Martin decision was that the States control their waterways (for navigation and riparian rights), FYI, this only applies to waters that were navigable at the time of Statehood. http://www.invispress.com/law/natural/pollard.html It has ZERO to do with the issues in Nevada and Utah. Forth, the Equal Footing Doctrine DOES NOT ensure sovereignty in the sense you are thinking. Equal Footing is a constitutional law doctrine upon which States admitted to the United States are simply given the same legal rights as the preexisting states. And by the way, even Commissioner Lyman who set up this demonstration didn't want anyone to go into the off limits area and break laws. It was idiot Ryan Bundy who pulled that crap because he is as misinformed as you are about the Constitution. Please, next time you read an article that seems to go against common sense look up the actual law and see for yourself what it says.

safeinOhio

(32,675 posts)
2. I was wondering how those idiots would feel if
Wed May 14, 2014, 06:08 AM
May 2014

the Feds decided to open up some of its lands to "we the people" if it decided to open federal lands in Nev. to an open season on cows on its land, much like they do on feral pigs? Would the idiots want the BLM to step in and protect the land it manages from local hunters?

freshwest

(53,661 posts)
3. Well done. But will they leave their conservative infotainment bubble long enough to think?
Thu May 15, 2014, 03:03 AM
May 2014

They are addicted to this and IMO, as largely white males, feeling that they are losing control of the nation. What the are looking for, is a sense of identity in a changing world, where more cooperation will be needed, more give and take.

I know some of these types and like myself, they have no use for current television programs. Some of these people are piping all the fifties shows into their kids' heads to give them a reality that no longer exists. It's like they are going through their second childhood. They pretend that the old west shows and movies are the way they are going to keep on living. Will they be able to hold on to the B&W safe haven of their childhood?

They're damned sure gonna try to keep it. They want to live in their line in the sand, GWB, John Wayne tough guy stuff.

But they are looking to fiod themselves, but in all the wrong places, when they try to pull their discredited Confederate arguments into the discussion. They don't even realize what they are really saying about what they are identifying with - American terrorists like the KKK and the anti-human philosophy of the CSA.

At least we hope so.


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