The federal government does not own the Malheur wildlife refuge
by Don Hank
Under the Constitution, the federal government may not own the land that is being disputed in Burns, Oregon, between the Bureau of Land Management and a group of ranchers who have until recently enjoyed heirloom land use there. The feds are strictly limited by the Constitution.
Legitimate reasons that the federal government can own land in the States are spelled out in Article V, Section 3, Clause 2:
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–
Note that the above list of reasons the fed can own land are not just examples. They are specific and concrete and are exclusively military in nature. It is crystal clear that the Founders intended for the states — not the Fed — to administer and own other lands such as parks and wildlife reserves. Thus the ranchers being systematically driven from their ancestral grazing lands have more right to those lands than the federal agencies that claim them.
Now some have contended that since the federal government purchased most of the land in the Western states, this fact gives them more rights than those enumerated in the Constitution.
However, whereas the US government may have the rights to create states out of this land, it can only purchase land, not people. The people inhabiting the lands in question have equal rights, to whit
…No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Naturally, federal government advocates will argue that this amendment only applies to states and state laws. However, the federal government is a collection of all the states and any law that applies to the states must also apply to the federal government by extension.
After all, the rationale and purpose of the above-cited clause was that all US citizens must be given equal rights and privileges. It would be absurd for the Constitution to forbid the states to deny equality but to allow the federal government to do so.
Therefore the US government cannot create a legal situation where the people of the Eastern states have more rights to land ownership or use than those in the Western states. Yet in the West, the US government claims huge percentages of the state lands – with the feds owning 47% of a block of 11 states and Alaska representing over 1/3 of the US land mass – while in the East, the amount of state land owned by the feds is limited.
This creates an un-Constitutional inequality between Eastern states and Western states, giving the residents of Eastern states more control and ownership of their land than the residents of the Western states.
This rationale must be added to our arsenal of arguments as we seek to dislodge the US government from their illegitimate claims in the Western states.
Further, we may not allow the Supreme Court to rule on this because that body is an extension of the corrupt government that we the people are seeking to free ourselves from. They will inevitably side with the federal government. This makes it crucial for rancher and small farmer groups to keep up the pressure on the feds. The feds may not be allowed to participate in the negotiations in this case because they wield an unfair and un-Constitutional fraction of the power and represent a conflict of interests. Only the states and local governments may be allowed to decide who controls state land.
State and local officials who side with the feds are acting in contravention of the Constitutional texts cited above, have no place at the table and must be denied the right to participate in the discussion.
That is the only way we will get our states back.
I had written this commentary a few days before the federal government allegedly murdered in cold blood LaVoy Finicum, one of the patriots who occupied part of the Malheur wildlife refuge near Burns.
I wrote the following in response to that news for my small reader group:
PLEASE listen to this emotional witness who sat within a few feet of LaVoy Finicum as he was shot with his hands up and then fell to his knees, where he was shot 3 more times. Their car was allegedly riddle with bullets by the state police. No photo of the car will surface until a freedom of information suit is filed. Just wait, folks.
Add this tragic event to the Trail of Tears, Wounded Knee, Waco and Ruby Ridge, etc. American exceptionalism won’t cover the blood or wipe it off.
Let’s not beat around the bush. Nobel Peace Prize-winning Barack Hussein Obama and his thugs are murderers. Coincidentally, Russian activists flew a 30 ft banner across from the US embassy in Moscow yesterday bearing a color image of Barack Obama and under it, the word “KILLER.” The activists were not referring to the murder of Finicum. It was about the “experts” sent to Syria ostensibly to fight ISIS, but that is almost definitely a LIE. They are stealthily gunning for President Assad, whose troops protect minorities, notably Christians. Washington, DC, absolutely is at war with Christianity and Christians. Anyone who is diligently and carefully reading current events knows that.
Anyone who can’t see that the Soviet Union and the US have traded places, with the US now playing the bloody tyrant and Russia playing the nation helping the helpless victims of the US government, is either blind or brain dead.
You can’t spin that away. It is very obvious. If you are selling that smelly story that Russia is the “most dangerous enemy” of the US, you are either an evil Neocon politician or politician’s henchman in msm or you are brain dead. Yea, that is a little rougher than my usual self, but I have been hearing from some really mean and nasty Neocons lately, who know the truth but keep repeating the ugly lies. These inhuman psychopaths would not hesitate to shoot their moms right between the eyes if someone paid them a handful of dollars.
So how do we mourn and keep alive the memory of this victim of federal government para-military action against We the People? And how do we leverage this death of decent and caring patriot LaVoy Finicum so as to lessen the chances of this happening again?
Kirk MacKenzie posted at his site DefendRuralAmerica.com some concrete ideas for how to focus the public on this wrongful death – or rather murder by government.
The prostitute media will do everything it can to justify the killing of these patriots, labeling them as “militants,” “terrorists,” and what not. On TV this morning, they even had the chutzpah to suggest these were “suicides,” thereby putting all blame on the patriots, not the feds, sheriff, or cops. Thus, it is up to us to get the word out. Accordingly, I encourage everyone to put this killing—and our issues—in front of the public eye in every way possible. Not everyone can go to Oregon, but everyone can do something in their own communities.
Here are some ideas.
o Put flowers or other at some significant, public site, in your own community, much like those who amassed flowers for Princess Diane.
o Wear a black band around your arm
o Put a black ribbon around the old oak tree
o Fly your flags at half mast, upside down
o Stand on corners, on freeway passes, shopping centers—wherever people amass
o Prepare and hand out flyers to those that stop to ask: Why are you wearing a black band? Flying the flag at half mast? etc.
o Submit editorials to your local newspapers
o etc. … let your ideas flow.
One more idea of my own if I may: Get on the forums of news sites that regurgitate the official story and tell them there is more to it. If possible, post this link
to the eye witness interview video so that people can hear for themselves what actually happened as opposed to the msm lies.
Let’s not let this story die. Our friend LaVoy Finicum must not have died in vain.