ThoughtCrimes
Old Navy Vet
What about it, specifically, with regards to Public Lands held by the Federal? Don't be shy...spit it out!If you want to make an argument on the Equality of States Doctrine, and how it pertains to PUBLIC LANDS, make it! But be warned, Tex, Pollard v. Hagan is the wrong vehicle to travel upon given the topic of this thread!Sure Tex, if you wish to totally ignore the Texas Annexation of 1845 netting 389,000 sq. miles, or the Oregon Treaty of 1846 with those 286,000 sq. miles, or the Mexican Cession of 1848 adding another 525,000 sq. miles or the Gadsden Purchase of 1854 with another 29,670 sq. miles. Of that 1.23 Million sq. miles, some was purchased, some was split by treaty and some was obtained as spoils of war.Article IV, Section 3, Clause 2
"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."
The federal government assumed authority over the West, they didn't buy it, with the exception of Alaska. Even Alaska was treated differently, than say, the land bought under the LA purchase.
But the manner in which it was obtained does not change the fact that ALL of the land, save that within those territories which may have been held by parties with proper title, became the property of the United States held in trust for the People of the United States. Ignore the totality of the Constitution at your own peril!
There were no States of the United States within these territories when the US took possession of them was there. Therefore, NO STATE had a prior claim to be negatively impacted. Be sure to follow OSHA regs with that hole you're digging!
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In the Constitution, what power is given to the United States over the subject we are now discussing? In a territory they are sovereign, but when a state is erected a change occurs. A new sovereign comes in. Where the power of taxation occurs, it is because it has been yielded by compact.
FindLaw's United States Supreme Court case and opinions.
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Usufructuary rights are relevant only if they were held prior to becoming a State which could not possibly happen given the State never existed to obtain any rights before Statehood!
And the admission clause?