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To: Jim Robinson

Where in the constitution does the Feds have the right to own 40% of CA, 90% of Nevada, in the form of BLM, Nation Parks, National Reserves, Military bases. the land should be owned, managed, governed by the state.


14 posted on 04/14/2014 2:25:56 PM PDT by dirtymac (Now is the time for all good men to come to the aid of their country)
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To: dirtymac

“Where in the constitution does the Feds have the right to own 40% of CA, 90% of Nevada, in the form of BLM, Nation Parks, National Reserves, Military bases. the land should be owned, managed, governed by the state.”

Article III, Section 3, second clause says: “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.”

I’m not sure how the second half plays, but the first half certainly shows that the United States (not the Federal Government) retains “Territory or other Property belonging to the United States”.

At the time that was mostly the Northwest Territory, but later on, other territory came to belong to the United States through the Louisiana Purchase, the purchase of territory from Mexico after the Mexican-American War, and the Alaska purchase.

When States were created from all that territory, Congress just didn’t dispose of all the land to the newly created States.

Now here’s a question: What Constitutional authority authorizes the purchases of the Louisiana Territory, the Southwest land from Mexico, and Alaska?


28 posted on 04/14/2014 3:22:57 PM PDT by KrisKrinkle (Blessed be those who know the and breadth of "ignorance. Cursed be those who don't.)
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