The federal government holds 84.5% of Nevada, and similarly large portions of many westerns states - illegally. Article I, Section 8, provides that Congress (which holds ALL law making authority for the general government) may establish Post Offices and post Roads;, and possess lands for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;. Key to the foregoing is the provision all Places purchased by the Consent of the Legislature of the State in which the same shall be [including the seat of government - D.C.]. The general government made acceptance into the Republic conditional upon the Territorial government ceding vast amounts of land to the general (aka federal) government, hence a violation of the US Constitution. A Territorial legislature may not give the land, and the general government may not accept it. Only after the Territory becomes a State, and holds elections of State legislators, may such a vote be taken. It is also a violation for any lands held for any use other that military facilities and other needful Buildings. Exactly what may be a needful Building may be subject to debate, but I can assert with confidence none of the Founders would have equated a Building with millions of acres of open land. Article IV, Section 3 provides that Congress shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; Key concept here is that Congress is to dispose of land it comes into possession of, not to hold it indefinitely. While it is a Territory, Congress is to govern it with needful Rules and Regulations.
Posted on: Thu, 07 Aug 2014 15:14:20 +0000
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