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How Federal Gov’t Threatens Property And Livelihoods Of Rural Families
Investor's Business Daily, Inc. ^ | 2/18/16 | PAUL DRIESSEN

Posted on 02/18/2016 1:02:18 PM PST by Jim W N

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To: Jim 0216
And there are UNSTATED presumptions

Sort of like those 'penumbras, formed by emanations' that we learned about from Griswold?

Ninth isn't really relevant to your position. It basically says that just because some rights of individuals are specifically set out in the Constitution, that doesn't mean those are the only rights that people have. That doesn't have anything to do with which land the federal government can own (you concede that the feds can own some land, we are just discussing here how much).

And the 10th, while it gets closer, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" again doesn't speak to which land. And the Constitution specifically states that you can't use anything in the Constitution to disparage the feds claim to any land they claim. So the power to assert claims to territorial land ARE specifically delegated to Congress.

Do you understand that a state couldn't own any land before it was a state? For each state admitted after the adoption of the Constitution, the Act of Admission defines what property of the territory of the United States would pass from the Federal government to the new state, and which property would be retained by the national government.

41 posted on 02/18/2016 5:39:09 PM PST by PAR35
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To: Amendment10

Did you click on your own link for the 1790 resolution? Did you look at the vote count? It didn’t get approved:

“[Five states voted yea; five voted nay; and two were divided]. “

By the way, do you know what lands would have been covered by the resolution? South of the Ohio river, it would have been the land to the Mississippi river - Alabama and Mississippi from Georgia (became Mississippi Territory), Tennessee from North Carolina, Kentucky from Virginia (collectively becoming the Territory South of the Ohio).

North of the Ohio, you would have the Western Reserve of Connecticut (basically now greater metropolitan Cleveland, Ohio and adjacent rural areas) and the rest of the area north of the Ohio River and East of the Mississippi claimed by Virginia (collectively the Northwest Territory).

So even if it had passed, it wouldn’t have impacted any land west of the Mississippi River or any of Florida/West Florida.


42 posted on 02/18/2016 5:54:58 PM PST by PAR35
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To: servantboy777

Lincoln?


43 posted on 02/18/2016 11:37:29 PM PST by Pelham (Marco Rubio (R-Amnesty). Boy Wonder of the GOP elite.)
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To: PAR35
As you should know, Griswold's "penumbra's, formed by emanations" (not to mention the Justice's wild imaginations) have nothing to do with Constitutional presumptions as confirmed by the Ninth and Tenth Amendments.

the Constitution specifically states that you can't use anything in the Constitution to disparage the feds claim to any land they claim

Need a cite for that one.

The only authority I see for the feds to own land within a state except as provided in Art I as previously cited.

Again, the constitutional presumptions as confirmed by both the Ninth and Tenth Amendments is that the powers of the states and the people ARE presumed and does NOT have to be stated while the powers of the federal government are NOT presumed and DOES have to be expressed and enumerated. The presumption isn't the feds hold on to whatever land they want to inside a state. The presumption is the state owns all of its own land unless the feds follow the requirements in Art I, Sec 8, Cl 17.

Don't expect to learn this stuff in law school. As one law professor said, if you want to learn Con Law, DON'T read the Constitution, it will just confuse you. Listen to ME and I will teach you want you have to know to pass the bar. So you have to look elsewhere if you want to actually learn the Constitution as written and originally understood and intended. Robert Bork's writings are a good place to start IMO.

Maybe if enough people got smart, we could actually rescue our country from the tyranny of this $4 trillion mostly unconstitutional U.S. Gov't and recover our freedom once again.

44 posted on 02/19/2016 9:22:56 AM PST by Jim W N
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To: Jim 0216

I quoted the Constitution up thread. If you can’t read plain English, I can’t help you from afar.

The Constitution isn’t that long. You might try reading it somewhere rather than quote talking points from nuts with, to put it kindly, an alternate reality.

When you’ve read the Constitution, if you still haven’t found it, I’ll draw you a map.


45 posted on 02/19/2016 10:31:38 AM PST by PAR35
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To: PAR35

No just cite the specific reference - not that hard to do. Art I, Sec 8, Cl 17 is the only relevant passage that I know of here.

Cite your assertion or quit wasting my and everyone else’s time with deflections and unsupported assertions.


46 posted on 02/19/2016 10:39:35 AM PST by Jim W N
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To: Jim 0216

“The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.”

Article IV, Section 3 paragraph 2.

It recognizes that the territories were property of the United States, recognized that there was other property belonging to the United States, and specifies that nothing in the Constitution (hint, Article I, Section 8) could be used as a basis for challenging the federal ownership of those properties.


47 posted on 02/19/2016 11:08:06 AM PST by PAR35
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To: PAR35

States are not territories.


48 posted on 02/19/2016 11:11:08 AM PST by Jim W N
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