I'm not defending anybody, I'm merely pointing out that there is history as to how things became as they are and you can't go back and change history.
Similarly, there is a history as to how the sub-merged lands on our coast came to be owned by who. The federal govt owns most of that. But the constitution doesn't say anything about that.
So, in reality, when the states entered the union, each state would negotiate a settlement with the feds about who owned what land.
In 1954, Eisenhower negotiated an agreement with the coastal states as to what part of the continental shelf belonged to the feds and what part belonged to the states. But before that, Truman issued a proclamation claiming the entire continental shelf for the feds(1945), and SCOTUS upheld him.
No, but we can certainly change the now! And that’s our mission on FR!!
To hell with the lying tyrannical feds!!
And that takes us back to, “As long as the grass shall grow.”
Agreements with the feds ain’t worth the powder to blow them to hell. Stand by the constitution and if that’s not enough, go back to the founding document! Our rights and recourse when defied are spelled out in the Declaration in straight forward language that no federal lawyer can twist.
Once upon a time the SCOTUS upheld slavery. And currently it upholds mass murder, homo marriage and ObamaCare (slavery II).
As our old friends used to sing, “It’s been a long time comin’, but a change gonna come.”