by Garrett O’Brien, originally published 08-Jan-2016
Federal Land Ownership Is Defined In Our Constitution
Our Constitution states the federal government can only own the 10 square miles surrounding the White House as well as any forts and ports permitted by the States.
Article I Section 8 Clause 17 (This is section 8 with clause 17 in italics)
The Congress shall have Power To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, among the several States, and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulations of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
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;—And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Territories, States & the Equal Footing Doctrine — All Are Equal
All of our Constitution was written with deliberation, and any capitalized noun is specific, not general; here the government cannot own any of the lands of any territories belonging to the U.S. as well.
The Federal authority of a Territory, as well as a State, are equal — there is no authority over it (If you have read any of the Federalist Papers, you know the reason this was established; if you have not read the Federalist Papers, start reading them here — they are still valuable for a very good reason).
Every State, and any Territory becoming a State, is an independent, free and sovereign government (per the Equal Footing Doctrine as agreed by the Constitutional Convention in June 1787; early conversations ).
There is no political correctness about their definitions: there is room only for one or the other, one cannot be a Territory and a State at the same time — however, any Territory becoming a State does so on the same footing as the Original 13 States.
Article 4 Section 3 Clause 2
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
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 Illegality of the Bureau of Land Management
A map showing the stunning extent of Federal controlled land shows just how much the government overreach has grown.
The BLM is controlling 700 million acres, or approximately 29% of the 2, 379, 964, 800 acres consisting of U.S. sovereignty — this is in direct violation of Article I Section 8 Clause 17 noted above.
Executive Orders do not override our Constitution, they can change policy but not law.
This administration has been getting many on the left to accept or interpret Executive orders as law.
Per Article V of our Constitution, making law requires all 3 branches of government — not the stroke of a pen nor a phone call of a President.
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
Any Law Contrary to Our Constitution is Not Law
No law contrary to the Constitution is legal per Article 6 Section 2 Clause 2 as well as noted by Alexander Hamilton in Federalist Papers 33 — this includes any agency of or the federal government…
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
The Role of SCOTUS is NOT to Make Law
The role of the Supreme Court (SCOTUS) is not to create nor expand our current laws — it is to come to decisions on cases brought to it by We the People; note the word decision meaning their rulings can be challenged at any time (not something this administration nor the left for the last few decades wants many to believe).
The ultimate arbitrators of the Constitution are the States themselves (James Madison’s classic argument on the Ratification of our Constitution).
The Power of Our Constitution Lies With the States
States are the creators of the contract, directors of the contract, and the ultimate ratifier of the contract that becomes part of our Constitution.
The States are the creators of the Federal Government as well as the controllers of the Federal Government — we are a Constitutional Republic, not an oligarchy (a government that creates its own rules).
If the Federal government is not defined by the Constitution then why do we have a Federal government?
If the Federal government is not limited in its power by the Constitution, then what is the limit of the Federal government’s power?
If the Federal government is dictating how and when you can use your land, how are we a freeman?
Do not freemen have control over their property?
How are we freemen when government dictates how we operate our property?
We Have A Decision To Make and An Action To Take
The Main Stream Media has more than proven they have an agenda and prey upon those that agree with their ways, telling them what to think and never how to think…
For the past 50 years, our Federal government has been permitted to grow into an oligarchy thanks to the progressive agenda of the left…
This is not about any one person, family, or even community — this is about our future…
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About Garrett OBrien
Garrett is the owner of DecisiveLiberty.News. Formerly a Liberal then a Republican, Garrett has seen political parties by default look out for themselves and not the people. Garrett now focuses specifically on our Constitution as it is written. He uses Decisive Liberty as a platform to provide a voice to those that believe neither political party are protecting our Constitution nor our Rights to their fullest as our Founding Fathers wrote them in the First 10 Amendments. For the moment, Garrett resides in Brazil with his wife.