POINT TO PONDER: There is a NEW ARGUMENT surfacing in the justification of federally owned land. I say new because it is not really new, just new to us in this current argument so I want you be EDUCATED and have the ability to defeat this lie. So here you go: Some are saying that Art. IV sec 3 gives the Congress the power to own and control land WITHIN a State. This argument is a misapplication of Art IV sec 3. This section does not expand the power of Congress to own and control any and all land but is limited under Art. 1 sec 8 cl 17. Art IV sec 3 gave power to Congress to manage the TERRITORIES in the West BEFORE they became States. Once they became States, the only land the federal government could have authority over was the land defined in Art. 1 sec 8 cl 17 which is limited to our federal capitol and military installations. Once a State is admitted into the Union it is admitted with the full independence and sovereignty legally enjoyed by all States in the Union. This is also the opinion of the Supreme Court by the way and evidenced in their opinion, Fort Leavenworth Railroad Co. v. Lowe (1885). When interpreting the Constitution, it is important to remember that the federal government was delegate few, enumerated, and defined powers. There is no clause in the Constitution that is properly interpreted to broaden or expand those powers. These types of clauses tell us the PURPOSE for the powers delegated, and do not create a power in and of themselves. Remember what James Madison said in 1792 when arguing against federal farm subsidies: I, sir, have always conceived - I believe those who proposed the constitution conceived,and it is still more fully known, and more material to observe, those who ratified the constitution conceived, that this is not an indefinite government deriving its powers from the general terms prefixed to the specified powers - but, a limited government tied down to the specified powers, which explain and define the general terms. We either have a limited and defined federal government, defined and limited by the Constitution (We The People), or we have a federal government limited and defined by its own will. There is no middle ground where governments are concerned. What kind of government do YOU want to live in? What kind of government do you want YOUR CHILDREN to inherit? Something to think about.
Posted on: Fri, 25 Apr 2014 22:05:01 +0000
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