Thursday, February 6, 2020

Federal Dominance | Something our founding fathers warned us of

Our founding fathers warned us of the federal government's dominance over sovereign states

Representative Mark Finchem and I explain the constitutionality of Federal Public lands within a sovereign state. Our founding fathers were worried the federal government could exercise power over sovereign states. The federal government's restrictions are clearly stated in the US Constitution.

Almost everyone at one time or another has enjoyed the great outdoors on or near so-called “public lands” with little or no thought about what the term means, or what government entity possesses control over the land that the public is supposed to have access to.

Over time, the term “public lands” here in the United States, and more specifically in the Western U.S, has come to mean land possessed by the federal government that lies within state boundary lines.

First, the matter of Constitutional authority:

There are several public policy flaws that arise from the notion that the federal government should possess any land within a state other than to secure an enclave as defined by the Constitution of the United States.

Under Article I, Section 8, Clause 17, the framers agreed “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 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.”

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