- Sep 13, 2012
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Apparently you don't realize that the Feds owned Oregon's land before it was a state.Why not? By right of conquest (which is a maritime/international law dating back at least to the 1500s) the Federal Government owned all the land (as sovereign) of the territory now the state of Oregon.
How by becoming a State do you argue that the Federal Government loses right to that land?
The only states that have original claims to land are the original 13 colonies, and only then because the Sovereign who granted them charters to the land was unceremoniously and for no real apparent reason, overthrown.
Are you really that dense, once the feds accepted them as a State they have every right of every other State, no exceptions.
The states don't have any right to land, please point out THAT in the Constitution.
What you are talking about here are "land laws and customs", not constitutional arrangements.
There's nothing in the Constitution that says "a State shall be sovereign and own all the land in its territory".
Article 1, Section 8, Clause 17
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, 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;
The feds can only purchase land with the consent of the State Legislature, that means the State is sovereign over the lands within their State. This clause also restricts the purposes for which the feds may purchase land from a State, like I said so many times a wildlife refuge is not a constitutional purpose and is not necessary for the government to function.
And that Article 1, sec 8, 17 is referring to states already existing at the time of the Constitution's ratification.
I don't care if wild life refuges are "constitutional" without them the US would be a shithole like Brazil with its national treasure turned into fields of cheap shitty coffee beans.
Or in the case of Oregon, cheap shitty white trash living in trailers.
Camfield v. United States (1897). The Court said:
While we do not undertake to say that Congress has the unlimited power to legislate against nuisances within a State, which it would have within a Territory, we do not think the admission of a Territory as a State deprives it of the power of legislating for the protection of the public lands, though it may thereby involve the exercise of what is ordinarily known as the police power, so long as such power is directed solely to its own protection. A different rule would place the public domain of the United States completely at the mercy of state legislation.
Shortly thereafter, the Court upheld the reservation of vast tracts of land such as national forests, indicating that these lands were held in trust for the people of the whole country, and that it was for Congress, not the courts, to say how that trust should be administered. Light v. United States (1911).
The leading modern decision, Kleppe v. New Mexico (1976), reflects a further evolution in judicial understanding, as it in effect embraces the full-blown police-power theory. At issue was the constitutionality of the Wild, Free-Roaming Horses and Burros Act, which prohibits capturing, killing, or harassing wild horses and burros that range on public lands. Writing for the Court, Justice Thurgood Marshall specifically rejected the contention that the Property Clause includes only "(1) the power to dispose of and make incidental rules regarding the use of federal property; and (2) the power to protect federal property." He concluded that "Congress exercises the powers both of a proprietor and of a legislature over the public domain." Thus, without regard to whether wild animals are the property of the United States, or whether the act could be justified as a form of protection of the public lands, Congress was held to have sufficient power under the Property Clause to adopt regulatory legislation protecting wild animals that enter upon federal lands.
The Property Clause
A federal court expanding the authority of the federal government and by extension their own power, I'm shocked, NOT. It's very simple, once a territory it ceases to be a territory, it becomes part of the sovereign State and the property clause in no way alters clause 17 in Article 1, which restricts the purposes for which the federal government may own land.
This is exactly what you get when you have lawyers and courts picking apart the Constitution clause by clause instead of reading the document as a whole, a government of the government, by the government and for the government, the people and the States, that created it, be damned.