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To: DoodleDawg; All
"In all of this, not once have I heard either of you reference Article IV, Section 3."

Regarding 4.3.2, please consider the following. Justice Joseph Story’s Commentaries on the Constitution, which he published in 1833, is an excellent time capsule for learning about how the first few generations of educated Americans of that time interpreted the Constitution which went up to the 12th Amendment in 1833. And here is Justice Story’s analysis of 4.3.2.

Article 4, Section 3, Clause 2

As indicated by Story’s analysis of 4.3.2, that clause deals with Congress’s control of federal territory that the feds are holding in trust for the states imo, all bets off after the feds have disposed of such land to a new state in compliance with the Resolution of 1780.

I get the impression that you condone the idea that all land in the USA is ultimately owned by the federal government. But the Constitition’s Clause 17 of Section 8 of Article I and the eminent domain clause of the 5th Amendment clearly indicate that the feds must buy any land that they want Congress to have exclusive legislative control over. In fact, both of those clauses not only limit what the feds can do with the purchased land, but Clause 17 also clarifies that Congress must have the approval of the state lawmakers that they want to buy the land from.

62 posted on 06/08/2015 12:59:19 PM PDT by Amendment10
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To: Amendment10
As indicated by Story’s analysis of 4.3.2, that clause deals with Congress’s control of federal territory that the feds are holding in trust for the states...

Would you agree that is all the states? Not just the state being created?

...imo, all bets off after the feds have disposed of such land to a new state in compliance with the Resolution of 1780.

Agreed, concerning the land the government cedes to the states, or which are controlled by Indian tribes. But nothing in the Constitution mandates that all the land must be turned over to the state in question.

Section 4 of the Nevada Enabling Act states, "That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States..." The people gave up all claims to public lands as a condition of statehood. They cannot change their minds 150 years later.

I get the impression that you condone the idea that all land in the USA is ultimately owned by the federal government.

Not all land. Just the public lands not owned by the states. Or land owned by private individuals or corporations. And I see nothing wrong with that idea.

But the Constitition’s Clause 17 of Section 8 of Article I and the eminent domain clause of the 5th Amendment clearly indicate that the feds must buy any land that they want Congress to have exclusive legislative control over.

And once again you ignore Article IV, Section 3 which contains no such limitations and which, in fact, clarifies Article I, Section 8 by referring to the territory and other properties belonging to the United States. And as I pointed out earlier, your strict reading of Article I, Section 8 means that not only are things like national parks unconstitutional but so are air force bases and NASA facilities since neither are mentioned in Article I. In fact the entire U.S. Air Force in unconstitutional per Article I as well. Would you agree?

63 posted on 06/08/2015 1:27:54 PM PDT by DoodleDawg
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