The Federal Government has no authority to own land.
By ParaTed2k
@ParaTed2k (22940)
Sheboygan, Wisconsin
December 8, 2011 10:16pm CST
Another authority usurped by the federal government without Constitutional backing is the millions of acres stolen from the states and private owners.
Now, the federal government does require property and buildings to operate, so obviously those are authorized. However, there is nothing in the US Constitution that authorizes the federal government to own land (or the buildings they use for that matter).
In fact, the Capitol of the United States was set so it was not inside the borders of any state.
Now, there is Article 4, Section 3, which could be construed to authorize federal property rights, however, Section 3 ONLY applies to the establishment of NEW STATES (hence the title of the section. So any interpretation of the language must be confined to that context.
"Section 3 - New States
New States may be admitted by the Congress into this Union; but no new States 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."
This means, land ownership within the borders of a state is the purview of the States and We the People only. Therefore, all property owned and operated by the Federal government must be given back to the states. National Parks should be turned over to the states, which are free to continue running them as parks, sell them off, or do whatever is in the states' Constitutions regarding use of state property.
Any property being used by the federal government within the borders of a state must be with the permission of the state.
To recognize the authority of the federal government to own and operate land within a state border is a blatant violation of the Constitution and the oaths of office of all federal elected officials and employees.
http://www.usconstitution.net/const.html#Article1
2 responses
@burrito88 (2774)
• United States
11 Dec 11
Alaska and the Louisiana Territory were purchased by the United States so doesn't that give the government the right to own land? The Louisiana Purchase was unconstitutional yet where would the country be without it? The federal government has given up ownership of federal land in the past. That's where land grant colleges came from. There were also the Homestead acts that lead to western development. I guess the formation of West Virginia was a;sp unconstitutional. I would just as soon have the federal government run national parks and own land rather than individual states unless you want most of the country to gradually look like New Jersey.
@ParaTed2k (22940)
• Sheboygan, Wisconsin
11 Dec 11
The Louisiana Purchase and the purchase of Alaska only made those areas territories of the United States. Territories, not being within the confines of a State are run by the Federal Government. However, once any part of a territory becomes a state, it no longer falls under the jurisdiction of the federal government.
Sorry that the US Constitution conflicts with your opinions.
@ParaTed2k (22940)
• Sheboygan, Wisconsin
12 Dec 11
Yes, the federal parks system did start with Teddy Roosevelt, and it was patently unconstitutional. That doesn't mean we should continue violating the very Constitution that all government employees (From elected officials to laborers) swear to uphold and protect.. and that our service members swear to defend.
Yes, we are all under the jurisdiction of the federal government, but only as far as it acts within the authority granted by We the People through the Constitution. Otherwise they are under OUR authority.
There is nothing in any of our founding documents that support your assertion that states are not sovereign. The name of our nation is The United States of America. Not the United State of America. We are a Federation of States (hence the word "Federal Government"), where each state is equal to each other, and to the federal government.
The checks and balances of our system only work when the Federal Government, the States and We the People are willing to keep each other in check. If we aren't wililng to do that, then we deserve what tyranny we welcome on ourselves through our complacency and laziness.
@burrito88 (2774)
• United States
12 Dec 11
We are all under the jurisdiction of the federal government. Some things are left to the states, some to the feds. The states really haven't been sovereign since the constitution was adopted. If you don;t like federal parks or federal lands, blame Teddy Roosevelt since he started the system of setting aside land.
@EvanHunter (4026)
• United States
9 Dec 11
Does this mean we should give the Louisiana purchase and Alaska purchase back?
@ParaTed2k (22940)
• Sheboygan, Wisconsin
10 Dec 11
And here I thought maybe you had something worth reading to say. Silly me.
