Nevada rancher standoff turns on a states’ rights debate

CBS ^ | April 14, 2014

[Jim Robinson]

MESQUITE, Nev. - A day after blinking in a showdown on the range, federal land managers pledged to pursue efforts to resolve a conflict with a southern Nevada rancher who has refused to pay grazing fees for 20 years.

Bureau of Land Management spokesman Craig Leff said the agency would continue to try to resolve the matter involving rancher Cliven Bundy "administratively and judicially." Bundy owes more than $1 million in grazing fees, according to the bureau.

"The door isn't closed. We'll figure out how to move forward with this," he said Sunday. He declined to comment on possible options.

Bundy did not respond to requests for comment.

The fight between Bundy and the Bureau of Land Management widened into a debate about states' rights and federal land-use policy. Bundy does not recognize federal authority on land he insists belongs to Nevada. The debate over who is right became so heated that a self-described armed local militia has come to his aide.

~~~snip~~~

In April 2012, the Center for Biological Diversity filed a notice of intent to sue the bureau for canceling a planned roundup of Bundy's cattle at the last minute.

The dispute that ultimately triggered last week's roundup dates to 1993, when the bureau cited concern for the federally protected desert tortoise in the region.

The bureau was implementing two federal court orders issued last year to remove Bundy's cattle after making repeated efforts to resolve the matter outside court.

[HMS Surprise]

The federal government was created by the states, not the people. It was created to serve the states, not itself. Logically it should want to make Nevada, and every other state, stronger. These powerplays prove that its mission is out of synch with its original charter. Nevada needs land to graze cattle because its mission is to serve its people, including ranchers. The Feds don’t have ranchers so it must create false citizens to serve such as desert tortoises and feral horses.

[GregNH]

to serve such as desert tortoises and feral horses. And senate presidents...

[HMS Surprise]

Which is contrary to the mission of the federal government and therefore null and void on its face.

[taxcontrol]

The land in question is within the Lake Mead National Recreation area (Hover dam). In fact, the nearest boarders are about 5 miles apart between the land and the lake. Size and scale out west are sometimes not understood by those who live out east. 5 miles is considered next door relatively speaking.

So as for “needful” this area can be described as having a number of needful buildings. Including power plants, ranger stations, maintenance buildings, and even Dock-yards. Yes I know some people do not understand the definition of dock-yards and try to make fun of the situation but there are docks and surrounding support buildings, thus dock-yards. Heck there is even a coast guard auxiliary on Lake Mead.

[MeshugeMikey]

look at the map in the video

https://www.youtube.com/watch?v=Q1tsOnMn2kg#t=73

[taxcontrol]

The federal government was created by the passage and ratification of the Constitution. That Constitution starts off “We the People...”

From that foundation, all laws and authorities derived their powers. The US government was created to serve the People. Nevada did not even exist when the US Constitution was ratified. Further Nevada was not a state when the US Government gained ownership and title to the lands in question.

[B4Ranch]

This is #1 of 75 videos on the subject. It might be an idea to download them all considering what happened at the Bundy Ranch this past week.<

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[combat_boots]

Solar Energy Zones
http://www.solareis.anl.gov/sez/index.cfm

[taxcontrol]

As a resident of Colorado, I support a limit on US government land ownership as a fixed percentage of the state, say 20%. This would require a constitutional amendment and is the proper way to go about changing the laws and rules that are in effect today.

[combat_boots]

[taxcontrol]

Sorry, but the “mission” of the US Government is defined by the Constitution.

[MeshugeMikey]

Its time we got this one done, Yes!

please see new thread with some fairly old news...re Bunkerville... Federal Control....DHS.....and the SOUTHERN POVERTY Law Center.

http://www.freerepublic.com/focus/f-news/3144321/posts

[GregNH]

Interesting, I need to do some research. Why sticks out at me as that none of the federal land encroaches a state border.

[DoodleDawg]

Did the government purchase that land? Was that purchase approved first by the state and then by the peoples representatives?

Did they buy it? No. They took it from Mexico as a consequence of the war. In the case of Nevada and a lot of the other western states, government ownership of the land predates the creation of the state.

[DoodleDawg]

This is not in dispute. What is in dispute is the gratuitous possession of land that is not needed for the federal government to function. If the Feds don’t need it, why do they have it?

Because it's their's?

[GregNH]

the land predates the creation of the state.

This is my problem. If "I" the government own land and then "I" allow brother Nevada to draw boarders and put in place articles of corporation and then become a member of the "United States" which includes the protections of the Constitution how do "I" now have claim of any land within those boarders?

[mad_as_he$$]

Looks like it. I had him tagged as an Operator the second I saw him.

[DoodleDawg]

One of those was the ceding of US Government lands to the US Government forever.

I'm not sure what clause you're referring to but would such a clause even be necessary? The fact that federal government land belonged to the federal government is pretty much a given. And the only entity that can dispose of that land is Congress.

[mad_as_he$$]

Taxcontrol:"Further Nevada ceded any control or even taxation of the land in their state constitution. " Provide EXACT citation in the Nevada Constitution for that statement. The Nevada State Constitution Says: The Act of Congress Approved March Twenty First A.D. Eighteen Hundred and Sixty Four “To enable the People of the Territory of Nevada to form a Constitution and State Government and for the admission of such State into the Union on an equal footing with the Original States,” requires that the Members of the Convention for framing said Constitution shall, after Organization, on behalf of the people of said Territory, adopt the Constitution of the United States.—Therefore, Be it Resolved, That the Members of this Convention, elected by the Authority of the aforesaid enabling Act of Congress, Assembled in Carson City the Capital of said Territory of Nevada, and immediately subsequent to its Organization, do adopt, on behalf of the people of said Territory the Constitution of the United States[.]

[taxcontrol]

It is in the Nevada State Constitution: http://www.leg.state.nv.us/Const/NvConst.html

Under the section called Ordinance.

The clause was demanded by congress in order to prevent any claims that may have flowed from either Spanish rule or Mexican rule of the lands prior to the treaty of Guadalupe Hidalgo.