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To: CodeToad
BTW, when a state is admitted to the union under the provisions of a law passed by Congress there are clauses that protect federal lands ~ Alaska, the last state admitted, had clauses preserving various sorts of federal property, native property, existing civilian property, and future state property.

Your argument leads off into a state being created and all other land titles being extinguished. I'm sorry ~ that just doesn't happen. Not now. Not then. Not ever if we can help it.

45 posted on 12/30/2011 9:17:05 AM PST by muawiyah
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To: muawiyah
BTW, when a state is admitted to the union under the provisions of a law passed by Congress there are clauses that protect federal lands ~

Which is a complete violation of the Equal Footing Doctrine.

Equal-Footing Doctrine is a principle of Constitutional law that mandates that new states be admitted to the Union as equals of the existing states, in terms of power, sovereignty, and freedom. States must be admitted on an equal footing in the sense that Congress may not exact conditions solely as a tribute for admission, but it may, in the enabling or admitting acts or subsequently impose requirements that would be or are valid and effectual if the subject of congressional legislation after admission.

How is a State equally sovereign if 90% of ITS land belongs to the national government? They are forced to police it and deal with its liabilities without compensation.

Your contention is also adverse to the very principal of a United STATES in FEDERATION. Gad what an obsessive self-interest you express!

The acceptance of federal lands as a condition of admission is an illegal contract entered into under duress. The elements of contracts that are illegal are void.

Your argument leads off into a state being created and all other land titles being extinguished. I'm sorry ~ that just doesn't happen. Not now. Not then. Not ever if we can help it.

First of all, this claim of consequence is patently and historically false, which is why so many States admitted after the Constitution was ratified and before the Civil War have very little in the way of "Federal Lands."

And just whom would be this royal "we" besides your usual load of statist crap.

49 posted on 12/30/2011 9:33:45 AM PST by Carry_Okie (The RNC would prefer Obama to a conservative nominee.)
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