Posted on 04/20/2014 2:14:01 PM PDT by foundedonpurpose
The next blog post on the site is on Reid calling Americans domestic terrorists. A very good read as well!
Blessings Freepers, and share, share, share!!
later
Did the Nevada Statehood statute "break the law."
Nope, it changed the law. The Nevada law was passed in exactly the same way as the previous law more generally authorizing territories to become states. The Constitution gave Congress complete power over the territories.
One might argue that it was sleazy or improper, but not that it was illegal.
Mark.
Obviously Nevada is owned by the REID FAMILY TRUST.
FYI
Civics lesson Ping!
Obviously Nevada is owned by the REID FAMILY TRUST.
Oops sorry
Perhaps another reason to make Nevada a state was
the Comstock Silver strike, which eventually
financed much of the North’s economy at the beginning
of the war.
Ping for later...
That’s actually not what the Pollard case was about or the SC was addressing. At question was whether newly admitted states, in order to maintain equal footing with the original states, held the rights to the navigable waterways, and the land beneath them, within their boundaries. The decision was that yes, they were to retain those same rights as part of the commitment to equal footing among the states.
Here’s an explanation:
One fact in this needs correcting. Alabama became a state on Dec. 14, 1819. We were the 22nd state admitted to the Union.
Bundy doesn't think so. It'd be nice if he could get a court to agree with him but so far he's batting zero.
This article implies there was something unique about the federal government retaining title to much of the land when Nevada became a state.
I’m not so sure this is true. There are massive amounts of BLM land (and of course, Forest Service land) in every western state, including CA and OR, both of which became states before NV.
This land, with some exceptions, remained in federal title because there were no buyers. Unlike the more generally usable land in the East, South and Midwest, mostly nobody wanted to buy this land unless there were valuable minerals on it, it could be irrigated, or there was some other use.
Even today, the land in dispute in this case would be unlikely to attract buyers. It’s remote, inaccessible, and there’s no way at all to buy the land, fence it, and make money running cattle.
So were other western states given the same deal as NV with regard to public lands, and was the reason for this because of a federal power grab, or because the small populations of the new states didn’t want to be bogged down by responsibility for so much useless land?
Excellent article. Could it be that the Federal Government, ULTIMATELY, will lose the rights it thinks it has had largely due to a handful of cowboys in Bunkerville ably led back in 2014 by Cliven Bundy and his sons and daughter.
I hope so.
Sherman Logan: Did the Nevada Statehood statute "break the law." Nope, it changed the law. The Nevada law was passed in exactly the same way as the previous law more generally authorizing territories to become states. The Constitution gave Congress complete power over the territories. One might argue that it was sleazy or improper, but not that it was illegal.
Two different jurisdictions. Lessee v. Hagan took place in 1845, and so did not reference the US corporate jurisdiction of the 14th Amendment, which was passed in 1868. Nevada was made a State in 1864, and so was not made under the corporate auspices of the 14th Amendment. However there are two "Nevadas" - the original sovereign State called "Nevada," and the federal corporate "State of Nevada."
That latter Nevada - the "State of," comes under federal jurisdiction, as it is incorporated. And thus any rulings pertaining to its authorities have to come AFTER 1868, because that's when the 14th Amendment extended federal incorporation to "individual" corproate "persons" throughout the country. So Lessee v. Hagan doesn't apply to the "State of Nevada," and either does the sovereign unincorporated powers of "Nevada."
Statutes in every State reference this difference of State identities by addressing the "external limits" of the State - i.e. the part of the State controlled by federal incorporation status (State of) versus the original State sovereignty. Another indication of this jurisdictional difference, as applied to the country as a whole, is shown by the two different authority signatures on a dollar bill.
Now, I presume Bundy has incorporated his ranch. That means he put himself under the corporate authority of the "State of" Nevada, which is actually the federally incorporated State. And the BLM is an administrative agency of that federal corporation, authorized and empowered to enforce statutes pertaining to federally incorporated jurisdictions. So unfortunately, we have an incorporated business operating on incorporated State land with incorporated federal land agreements that were made under federal incorporation authority. That's a linked incorporated train of authorization, from the ranch, to Carson City, and right up to Washington DC.
And that's why the Feds are declaring that they have jurisdictional powers in this issue.
The story is mostly true, but the parts that are not make all the difference. The federal government owned all of the land comprising the the Nevada Territory excepting that in private hands through Spanish grants and those lands disposed of by the federal government prior to statehood.
Most of the states, particularly those in the West ceded some of the land within their boundaries to the Federal government as a condition of joining the union. They did this to avoid debts that would have been incurred as a condition of statehood. In turn, the Federal government ceded back to the states certain land to support schools and state level institutions like prisons, colleges, and the state capital.
Nevada was no different in this regard excepting that so little of the state was in private hands. As pointed out in the article, the population was only 40,000 and very little of the land had been apportioned through Spanish grants.
The policy of the federal government was to dispose of this public lands to raise funds against the public debt and to reward soldiers for their service. After the Civil War, they needed to do both. Unfortunately, Nevada land was not primie quality and the laws limited the size of grants and sales. The land didn’t move and the federal government was stuck with it.
What they did was legal and it is how the federal government came to hold title to so much land. Certainly, the federal government could have fixed that, but in 1976, with the passage of the Federal Land Policy and Management Act, the official policy of the federal government was changed to cease disposing of public property and to begin to manage the land for “multi-use+. Multi-use has turned out to favor the enviro wackos and the corrupt friends of Democrats.
The notion that the land is owned by someone else is sheer nonsense.
For Study.
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