and I called the sheriff a liar/**** stirrer, not you.
Wow, he comes the middle school name calling. Is that all you got left.
and I called the sheriff a liar/**** stirrer, not you.
Wow, he comes the middle school name calling. Is that all you got left.
and if you care to go back to the beginning of this thread, I called what the Bundy's are doing as 'douchey.' It is within my rights to have an opinion the government handled it wrong. They did. I think they're even admitting that now (no link).
I'm not 'siding' with the Bundy's... never have.
I have only a few thoughts on this.. and they're very simple (obviously);
1) I think the government handled it wrong.. they should have acted swiftly rather than slow and heavy-handed.
2) I think the Bundy's are wrong, legally.
3) It's been very cool to be part of this and witness it, I can't lie.
4) I hate dirty self-dealing politicians. We've tons of these problems (huge) right here in St. George for years.
5) I can't help but correct inaccuracies reported by whomever.
Wait, what?
If the issue is that the government should have worked swiftly then fine. I also think they probably should have just taken the cows away some 10+ years ago.
[size/HUGE] boobs [/size];808914 said:American people you so brainwashed. This Bundy army is CIA false flag operation make you pay not attention to black ops in Ukraine. Why you think your Obama give him cattle now back? You don't ask yourself this?
Wake up American.
This is an issue that has been decided long ago in a variety of different contexts. For example, here is the (applicable) ninth circuit case on the issue of whether or not the Federal Government can "own" lands under the constitution rather than simply hold lands in reserve for states.
https://openjurist.org/107/f3d/1314/united-states-v-gardner
The primary thrust is, essentially, that the original thirteen states are special. They operated as thirteen sovereign entities that gave themselves over to the United States and early cases interpreting the relevant provision of the Constitution are about those specific states and their relationship to the US Government. For example, in Pollard's Lessee v. Hagan (cited as one of the "correct" cases in PKM's non-cited article) the case specifically dealt with the terms of Virginia and Georgia's land that was ceded to the US Federal Government to discharge debts incurred by those states during the revolutionary war. Other states (like Nevada) had no independent existence as a sovereign territory and were acquired in other ways, in this instance a treaty with Mexico.
While previous court cases dealt with states that belonged to the former category (like Virginia and Georgia), later court cases dealt with states that belonged to the latter category (like Nevada). Title with the USFG to the lands in question was consistent all the way from the original acquisition of the land from Mexico in 1848. Since the USFG has held title since 1848, and the Property Clause provides that Congress has the power "to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States," courts have uniformly held that the US retains title and newly created states do not automatically absorb all federal lands.
This is an instance of people who claim a thing is unconstitutional trying to make square pegs fit round holes. Not every state came into the nation the same way, and not every state's land dealings have been treated the same way because the chain of title differs. It turns out the very existence of potential Nevada wasn't on the framer's minds in the 1780s.
The Bundys and others like them have tried to claim that treating Nevada differently than the first thirteen colonies is also unconstitutional under a theory known as the Equal Footing Doctrine. This argument sounds better than it is because it has a catchy name. The actual Equal Footing Doctrine from Pollard's Lessee v. Hagan applied only to give new states rights, sovereignty and jurisdiction over applicable shores and navigable waters. This was for purely practical reasons involving difficulty of accurate surveying at the time of the decision and determining which entity would have sovereignty over the appropriate land. In fact, no Court has held that the Equal Footing Doctrine applies to inland lands for more than a Century. This has even applied to minor islands in stream beds and rivers where states can own the entire river and the US Government can maintain control of the islands therein.
It doesn't much matter to the electric company if I offer to pay their bill to the water utility.