The Federal Government Can Not Own Land Within States Except For...

It’s so freak’n brain dead stupid to think the ranchers are trying to take this land! What they want, is for the states to take control! It’s a state right! If Oregon wants to keep it as a wildlife reserve, the state of Oregon can do that! What Oregon can not do is give it to the federal government! That is unconstitutional, as we will see below.

It is 100% unconstitutional for the federal government to own land, with the exception of the right to own 10 square miles for the seat of government (Washington D.C.) And, to own land in a state, they must have the states permission, they must pay for it, and they must use it for the erection of forts, magazines, arsenals, dock-yards, and other needful Buildings (post offices).

Article 1, Section 8, clause 17 of the United States Constitution states: “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;”

So, then everyone says, but, but, but, Article 4, 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.”

“Territory or other Property” being the key phrase here! A territory exists, and is owned, and managed, by the federal government. The land held in trust until it becomes a state. Yes territories cease being territories when they become states, and the land held in trust by the federal government becomes state property. NOT FEDERAL PROPERTY!

The United States does hold 3 territories: American Samoa, Guam, and the U.S. Virgin Islands. The U.S. also has commonwealths: Puerto Rico, Northern Mariana Islands. A commonwealth is legally, and politically, above a territory, but below a state. The U.S. also has a number of islands (Baker, Howland, Kingman Reef, Jarvis, Johnston, Midway, Palmyra, and Wake Islands) that are considered possessions. These have the lowest legal, and political, status because these islands do not have permanent populations, and / or they do not seek self-determination and autonomy. Now, logically, if a state is a territory, or any part of a state is a territory, then why aren’t any of the above places states 51 and above of the United States of America? Hum … silly rabbit.

But, but, but, the supremacy clause! Article 6, Paragraph 2 states: “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.”

“and the Laws of the United States which shall be made in Pursuance thereof” being the key phrase, says that any laws THAT ARE CONSTITUTIONAL (in Pursuance thereof) override any state laws. The laws have to be Constitutional! Otherwise, they are illegal, and are null and void!

To sum this all up. You can’t have article 4, section 3, clause 2, which is all about territories apply to a state, which is not a territory, and would fly in the face of article 1, section 8, clause 17, which clearly states what the federal government can do with land within a state! How can you have these sections of the constitution coexist with regard to a state? They can not! Furthermore, the supremacy clause clearly states that the laws must be constitutional! They are not! And the clincher! States are not territories, and no part of a state is a territory! Territories are clearly understood to be places not yet part of the United States, but owned and / or controlled by the United States! 

And, if that’s not enough to intellectualize you on the Constitution, here’s the icing on the cake:

The 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” 

The federal government is limited by what is defined in the Constitution, everything else belongs to the states, and /or the people, provided, they also are Constitutional! So, what exactly is the point of the 10th Amendment, and the Bill of Rights, if the federal government thinks it can do anything it wants! Reminder, the supremacy law states that any laws passed, have to be constitutional!

So, Ammon and his friends are 100% right! They are not on federal land! They are on state land! The federal government does not own the Refuge, or any building on it! The state of Oregon does! Same goes with Texas, New Mexico, Arizona, Utah, Colorado, Wyoming, Nebraska, Montana, Washington, California, etc, etc!

We can say we don’t like how they did this, but in reality, had the laws, and the constitution, been followed by law enforcement, the courts, the BLM, fedgov, etc.  this would not have happened, and we would not be here talking about it!  The constitutional United States is in dire straights!  We can no longer claim we are a constitutional republic, when no one knows, or follows, it!