Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Tailgunner Joe
Let's examine the federal "constitutional" jurisdiction and rights issues revealed in this article.

"This naked land grab hides behind claims of preserving clean drinking water, wildlife habitat, and endangered species."

Article VI, Section 2,

the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

If you check, which I have, you will find that all the laws dealing with clean water and wildlife are based on treaties.

So, our federal government does have constitutionally granted legislative jurisdiction.

"In Congress, there’s also a Highlands Conservation Act (H.R. 1964 & S.999) that would give more than a $100 million to the governors of Connecticut, Pennsylvania, New York and New Jersey"

Amendment V,

...nor shall private property be taken for public use without just compensation.

It appears that Congress is performing it's constitutional duty making sure there is "just compensation" available to private property owners whose property will be taken by the NHA.

So, from a constitutional perspective, there is no violation of the action by our federal government to call in question.

The only thing that can be done to stop the constitutional land grab is for the rest of the U.S. citizens to lobby their Congressmen to rescind the appropriation that is required to satisfy the Fifth Amendment property rights protection.

3 posted on 04/27/2004 3:58:32 PM PDT by tahiti
[ Post Reply | Private Reply | To 1 | View Replies ]


To: tahiti
The UN's biodiversity treaty was shot down by the US Senate in 1994. There is no treaty authorizing these land grabs. The treaties are illegally being implemented by unaccountable executive branch bureaucrats. This is nothing more than land theft.

These land grabs are further driven by the sock puppet Marxist judges. Now the slimey politicians are chipping in with our stolen tax dollars.

7 posted on 04/27/2004 4:49:48 PM PDT by sergeantdave (Gen. Custer wore an Arrowsmith shirt to his last property owner convention.)
[ Post Reply | Private Reply | To 3 | View Replies ]

To: tahiti
So, from a constitutional perspective, there is no violation of the action by our federal government to call in question.

The powers those treaties require for enforcement exceed the Constitutional powers of the Federal government. The administrative "rules and regulations" thereunder are written, enacted, enforced, and adjudicated by the executive branch in clear violation of the separation of powers principle. Those regulations devalue that land and socialize the associated resources. The feds will end up paying a vastly discounted price simply by virtue of the threat of the conservancy.

You call that Constitutional. You are either clueless or a spin artist, take your pick.

18 posted on 04/29/2004 6:02:37 AM PDT by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
[ Post Reply | Private Reply | To 3 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson