The Constitution, Obama and Blackmail: Who owns the land?
In the Constitution, the Federal Government does not have the specific power to own the resources or land of a State. After the Civil War, the land grab began. 100’s of Millions of acres especially in the West are owned by the Federal Government. They dictate how the land and resources are used.
Textualists will argue the Federal Government has this right under Article IV, section 3 of the Constitution which says “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.”
What Constitutional provision explicitly justifies ownership of the land? At the point a State is created, it is no longer Federal Property. Congress can not retain ownership of land as a condition of admission to the Union, require a state to move its capital. Coyle v. Smith, 221 U.S. 559 (1911).
A plethora of Supreme Court Opinions exist in relation to Eminent Domain. The problem as in most cases since the end of the Civil War, Progressives have changed definitions of words and phrases. In this case, it is the term ‘public use”, in the last clause of the Fifth Amendment, “nor shall private property be taken for public use, without just compensation”.
Traditionally, eminent domain has been utilized to facilitate transportation, the supplying of water, and the like, but the use of the power to establish public parks, to preserve places of historic interest, and to promote beautification has substantial precedent in more recent Juris Prudence.
Being more of an Originalist -in an Anti-Federalist Sense, I believe Federal Eminent Domain would only apply to its specific enumerated powers. The Framers did not give power to Congress to establish parks, forests, or recreation areas. In our current state of affairs, the Executive is punishing, dare I say blackmailing, the people and the States to force their Representatives to support something the people don’t want. The Obama Administration is intentionally causing harm by closing sites like the Grand Canyon and Yellowstone and refusing offers from the various States to cover the costs of keeping these areas open.
Governor Jan Brewer
I offered to reopen the Grand Canyon to visitors by using state money, but federal officials declined my offer. I really shouldn’t be surprised that the Obama Administration doesn’t want Arizona’s help.
The People and the States need to rise up and demand their property is returned to them.