Posted on 08/30/2003 6:58:26 AM PDT by AAABEST
I am not either, but with any law, it must comport with the Constitution.
Article I, Section 8, Cl 17, is the only constitutionally enumerated power for exlusive legislative jurisdiction of our federal government:
"To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States,(this became the District of Columbia) and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings:"
In addition, Amendment V protects private property owners:
"...nor shall private property be taken for public use without just compensation."
Presumably, the exertion of the Antiquities Act by a president, a law passed by the federal congress, meets these two criteria for constitutionality.
My limited reading of Mr. Clinton's exertion of the Antiquities Act in Utah was the land designated as a national monument was "federal" land, with massive oil reserves that Mr. Clinton wanted to put out of reach for drilling.
So, the people of Utah are to blame for their predicament concerning the exertion of the Antiquities Act. Their former legislators, whom were elected by the citizens of Utah, "sold out" their state land to the federales.
I have also discoverd in my research concerning federal jurisdiction that only about 87% of all the land in Nevada is owned by our federal government.
More than likely the land has been in Federal hands since before statehood.
This is true for most Executive Orders. Most EO’s deal with mundane executive branch policy issues, such as section managers and above can wear jeans to the office on Fridays.
This however is designating Federal Lands for a specific purpose under law. Rescinding this EO must therefor be done under Federal Law.
Growing up in New York City and living most of my life in various big cities, has somehow despite all efforts to the contrary left me in favor of liberty.
"Kulak" is the operative word here. You owe it to yourself to look it up.
Might that be the peasants who fought collectivism under Uncle Joe Stalin who were liquidated ?
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