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Federal Land Retention and the Constitution’s Property Clause: (Univ of Colo Law Review)
University of Colorado Law Review, Volume 76, Number 2, 2005 ^ | 2005 | Robert G. Natelson*

Posted on 04/16/2014 3:12:56 PM PDT by xzins

click here to read article


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To: crz

NO! That is not what they say. They say that that language is specific to:

“all places purchased by the consent of the legislature of the state in which the same shall be,”

Big freeping difference.


21 posted on 04/16/2014 3:57:29 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: xzins

This is all well and good, but does not pertain to the land in question in Bundy’s case.

The lands that were in use by private interests were protected by the treaty that ceded them to the U.S. and there was no provision in the treaty for reverting them to the government.

Even if Bundy’s claim were somehow defective (which I do not believe is true) the Fed Gov still would have no claim to it.


22 posted on 04/16/2014 4:00:05 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: xzins

What’s really amazing is that in Oregon the federal government gave huge amounts of land to the Oregon & California railroad in exchange for building a railroad. When the railroad didn’t build the track, the land came back to the federal government. They said it could be used by the state for the schools. Ha. Eventually that stopped and that is now BLM land.


23 posted on 04/16/2014 4:07:08 PM PDT by Portcall24 (aer)
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To: BuckeyeTexan

On document thread we linked what we could find about Hillary’s 2009 trip to give the Chinese eminent domain of federal land as collateral for our loans. Keep you eye out for any more information on that subject and link it to thread

There is land in both CO and TX being targeted by BLM too

My hunch is it all fits together. Hope hunch is wrong!


24 posted on 04/16/2014 4:08:36 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: hoosiermama

>> “ Hillary’s 2009 trip to give the Chinese eminent domain of federal land as collateral for our loans.” <<

.
That would require a constitutional amendment.


25 posted on 04/16/2014 4:10:25 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: BuckeyeTexan

I stopped counting at 39.


26 posted on 04/16/2014 4:12:30 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: editor-surveyor

“That would require a constitutional amendment.”

Yep, good luck in getting one of those...

Therefore, tyranny, abuse of power, corruption, more FedZilla, more FedCoats, targeting people like me and my children.

Molon Labe.


27 posted on 04/16/2014 4:15:13 PM PDT by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a classical Christian approach to homeschool])
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To: hoosiermama
Oh, it fits together alright. This is a post I generated yesterday that puts it all in perspective.

---

The federal entity has pledged this land as collateral to China in return for their purchase of our debt. This is how China has financed our profligacy.

As we issue more bonds and currency to pay for our military machine and national instant gratification, our dollars become worth less. China has been buying massive amounts of gold from us, and we've sold it to them to keep the price of gold down to make the dollar look good. But now China wants real assets for their ever-depreciating dollars, and they want more than just gold. This is why they're buying ports, farm land, mines and land for industrial development. That land has to be handed to them via the eminent domain process.

28 posted on 04/16/2014 4:15:24 PM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: BuckeyeTexan; xzins

My dad is 94. He practiced law for fifty +. He’s appalled by the entire thing
I’m a lady and don’t act or tell my age..... First grand daughter is due today!
Hope there’s a country left for her


29 posted on 04/16/2014 4:15:42 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: Iron Munro

Your “which Constitution” question is the root of the matter. And it’s not the “liberal judges” that are the problem, it’s the 14th Amendment incorporation without open acknowledgement that is the problem. It’s the application of perfectly legal corporate law in a wrongful way - i.e. against NON-corporate people and businesses.


30 posted on 04/16/2014 4:18:07 PM PDT by Talisker (One who commands, must obey.)
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To: editor-surveyor

It certainly should. BUT 0 and the hill-billy are all above the law don- chah know
See document thread linked above for more information
Hillary should be wearing orange


31 posted on 04/16/2014 4:21:34 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: editor-surveyor; xzins

The tenth amendment limits the Treaty Clause. The government cannot enforce a treaty against a state or the citizens that is in violation of the bill of rights. Further the treaty was with Mexico. While it gave the land to the Feds, it did not give the Feds the right to continue to maintain ownership after Nevada was granted statehood. Any document that purports to do that is void as being in violation of both the property clause and the Bill of Rights.

Is Nevada still a territory of the United States, or is it a sovereign State on equal footing with states like Texas that are only 1% or less owned by the Feds?


32 posted on 04/16/2014 4:22:35 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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Comment #33 Removed by Moderator

To: P-Marlowe; xzins; BuckeyeTexan; Ray76

Absolutely. And that is perfectly in line with our main mission here on Free Republic. Restoring the Constitution and securing the Blessings of Liberty for ourselves and our posterity.


34 posted on 04/16/2014 4:23:42 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!!)
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To: xzins
First, I'd like to note the references given at the beginning are not from the original Library of Congress documents, but from books ranging from 1937 on.

The next questionable factor is on page 332, last sentence of the first paragraph.

Yet the Equal Footing Doctrine, while found in the Northwest ordinance is unmentioned in the Constitution and thus rarely is a factor in Constitutional adjudication.

That's really weird. Especially considering all the entries Congress left in the Library that say things like- Bills and Resolutions, House of Representatives, 38th Congress, 2nd Session, Read twice and referred to the Committee on the Judiciary. An Act Supplementary to an act entitled ''An act to enable the people of Nevada to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States.
http://memory.loc.gov/cgi-bin/query/D?hlaw:1:./temp/~ammem_BUtJ::

There are also entries for other States, all with the same wording
http://memory.loc.gov/cgi-bin/query

.....on an equal footing with the original states.

35 posted on 04/16/2014 4:25:12 PM PDT by MamaTexan (I am a Person as created by the Laws of Nature, not a person as created by the laws of Man)
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To: Publius; Liz

Sure looks that way and the. Add in the material that LIZ has

We have so many threads and so much good material. Need to put on one thread so it can be sent in mass to those who can act upon it.


36 posted on 04/16/2014 4:26:43 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: hoosiermama; Publius; Jim Robinson; P-Marlowe

I downloaded a pdf copy from the basic source, and I sent it to a few lawyer friends.

What I don’t have is a pdf to word converter program, and I’m hesitant to give the online free converters access to my computer.

If anyone can convert the pdf of the entire study to word and then copy/paste and send it to my freepmail, and to others interested, I’d appreciate it.


37 posted on 04/16/2014 4:32:39 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: MamaTexan

The good thing about this study being on Free Republic is that it can be reviewed and analyzed. The professor has a long history of supporting conservative causes, but some might want to double check part A of his conclusion that the liberals are right about permanent property ownership and that they can’t be simply ceded to the states. (He then says in Part B that permanent ownership can’t be for unenumerated purposes.)


38 posted on 04/16/2014 4:37:59 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: hoosiermama
We have so much good material. Need one thread to be sent en masse to those who can act upon it.

Not to worry---everything's going viral.

39 posted on 04/16/2014 4:40:54 PM PDT by Liz
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To: Portcall24

One has to wonder how it could have reverted to the feds, but this study says they have to eventually divest themselves of it.

How long has Oregon been a state?


40 posted on 04/16/2014 4:40:55 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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