Sunday, April 13, 2014

The Bundy Ranch Debate And State Jurisdiction

Despite all the hot air and distracting militia overtones...
Despite the endangered species and Chinese solar projects...
And despite the thuggery of federal agents and range grazing fees.

   There exists a fundamental issue of  what powers and duties a state has, to determine their policies, govern their domain, and protect their citizens.
Clive Bundy believes that a congressional act of statehood carries with it an absolute sovereignty of it's borders. All claim to land ownership transfers to the new state and the duty to govern and protect that land rests upon the new state government.
   When the 13 colonies declared their sovereignty, no federal claim existed within any of their borders. When the 2nd constitution set up an enhanced federal role, the states of Virginia and Maryland ceded state land over to the federal  entity, to create the District called "Columbia", for a national capital city. Federal land purchases, in an of themselves, don't remove state sovereignty. The constitution clearly forbids partitioning a state without that state's expressed approval.
Pioneer states went to war over
the Toledo region.

   When that federal entity recognized specific territories, federal resources maintained that territory until the territory petitioned for and was granted "statehood".  Along with the duty to govern the separate state, came the authority & jurisdiction within the respective domain.
   Even western land purchases from France, Mexico, and Russia were ceded from the federal, over to states; because the federal govt. did not see their role as jurisdictional in civilian society. Each state was expected to create their own charter, constitution, and legal domain.
   State Sovereignty used to be understood. Wars were fought over state borders. The Ohio Michigan "Toledo Strip" War, The Oklahoma Texas "Red River Shootout", and other skirmishes have demonstrated that sovereign understanding of our history and constitution.
Oklahoma Gov. Alfalfa Bill Murray inspects Oklahoma
Guardsmen, who commandeered the Red River Bridge,
After Texas Tried to control the Oklahoma domain.

   Now we see a massively increased federal incursion into dominance of civilian rule. States have loved the federal money but the state lawmakers allowed hideous controls to accompany that aid.  Several Americans refute the federal claim to massive portions of state land. Self-sustaining Americans see this issue as essential to the freedom of our nation and the liberty of the individual.
Federal claims to mountainous lands
were never challenged, until now.
But will Nevada have the political
will to fight?
   How will this turn out? that depends on the capability of the Bundy legal appeal. It will take massive financial resources.  But it will also require political muscle on a scale much bigger than all the militia groups who showed up in Bunkerville, NV; this weekend.
   There are past violations of this constitutional principle, but they were demagogued by civil war murkiness. Legal scholars and historians will spin this issue every which way, for political purposes. It is essential that America has the legal integrity to properly adjudicate a just resolution with clarity of reason.
Mail carriers claimed that federal agents
can't be made to follow state or
local laws when they are on the job.

The United States Postal Service recently lost a key legal battle over jurisdiction when their personnel were ordered to pay traffic citations for breaking municipal ordinances in their driving. The USPS had maintained that federal agencies are exempt from state oversight.

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