Posted on 10/26/2013 6:57:05 AM PDT by rktman
The feds closed the doors on private properties two weeks ago. The message was: this is ours, we own it, and we can lock you out. This was a surprise in the East but not in the West. The rural West has put up with arbitrary regulations of vast tracts of land for over a century. The shutdown of national parks and monuments goes along with the their tendency on all federal land in the West to arbitrarily turn off the water, stop access to various areas, and curtail economic activities frowned on by urbanites. If you don't like it, they will see you in court.
(Excerpt) Read more at americanthinker.com ...
the case of The Drake’s Bay Oyster Company...is a great example
http://www.marinij.com/marinnews/ci_24092162/marin-voice-why-drakes-bay-oyster-co-continues
Clip and save. Federal hegemony over OUR land has always seemed to me to be central to their idea of control, and it is little discussed, or woven into ongoing debates on Big Government-—this is one of the first writers I’ve seen deal with it and present real stats on just how pervasive it is.
Kudos to Gary Owens/
It’s a mystery to me why governors and legislatures of the various states allow the federal government to seize and control so much of their real estate. State governments should begin the process of reclaiming their lands. The recent shutdown demonstrated the dangers inherent in a large central government.
We are all now in the position of Native Americans 100-200 years ago.
Maybe because the states would still end up needing federal funding to manage the land? Of course it’s a little confusing to me on what they mean by “manage” the land. I suppose that means putting up fences to keep me out? Otherwise,(and I’ve watched it) the land does nothing but sit there and vegitate.
rktman: “I guess the western states don’t have enough horsepower to take on the feds and regain control of lands within their borders.”
lakecumberlandvet: “State governments should begin the process of reclaiming their lands.”
They can’t “regain” control of lands they didn’t control to begin with.
They can’t “reclaim” lands they never had.
The Second Paragraph of Section 3, Article IV of the US Constitution states in part: “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;”
At the time, that was mostly the Northwest Territory, but later other Territories came to belong to the United States. (An interesting question is: By what Constitutional authority did those other Territories come to belong to the United States?)
In the case of many (not all) states beyond the first thirteen, said states were formed from the territories which were owned by the United States. Not the United States Federal Government, the United States.
Bearing that in mind, in many cases all of the territory/land/property within the bounds of a newly formed state was not granted to the State upon it’s Statehood. Some was retained by the United States.
The states can gain or claim what was not granted to them earlier, but they can’t “regain” or “reclaim” what they didn’t have to start with.
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