“Better to write for yourself and have no public, than to write for the public and have no self.”- Cyril Connolly (1903 - 1974)

The Unconstitutional BLM And the Tyranny of the Courts

By de Andréa

Opinion Editorialist for

‘THE BOTTOM LINE’

Posted December 23, 2017

A Federal court in Nevada recently declared a mistrial in the Cliven Bundy Case. Did you read that right? Not a dismissal but a mistrial! In other words the ‘Federal Kangaroo Courts’ can try this trumped-up illegal case again! They likely won’t…but…

Since from nearly the beginning of the 21 Century one of the many totally Illegal and unconstitutional Federal Departments, called the Bureau of Land Management (BLM) which also illegally has its own military, has attacked harassed and eventually incarcerated members of the Nevada Bundy family just because they could.

The false philosophy here - is that Government Officials seem to believe that the U.S. Government is a separate ‘Jackbooted Gestapo Entity’ from the People. When in fact the ‘People’ are’ the Government. The misguided philosophy of the BLM is that they, and they alone, own more than 28 percent of the land in the United States, not the ‘People’.

Note the map below:

The red is what the BLM claims sovereign authority over. The truth is that they illegally stole most of it from the people and the states. Take note that the earlier states in the east and Midwest are only sparsely owned by the Federal Government, mostly because as Clause 17 of Article I, Section 8 states it can only own land needed to run the government. And Article IV sec. 3 clearly states that it cannot own land within the borders of the many states, except what Article I Section allows. This is why they own very little of the eastern and Midwestern states. But as time passed and the country grew west, the Government evolved into a power land grabbing entity.

Although the BLM wasn’t created until 1946 by combining two existing agencies: the General Land Office and the Grazing Service, the agency now illegally possess and manages the federal government's nearly 700 million acres of state land. The Federal government began acquiring land from Spain France and other countries as early as the 1780’s. And except for the Homestead Act of 1862 (that is by the way still in effect but nearly impossible to take advantage of) and the few sales of land to individuals by the government, and as more and more of the acquired Territory in the West became states the Federal Government illegally retained authority over much, and is some cases, most of the land mass.

Note: That white spot at the most southern tip of Nevada…that’s Bundy Land. And as you can see, except for a little land along Interstate 80 in the north, nearly the entire state of Nevada is stolen land by the government B-L-M military!

So, what is the law, first regarding the Federal Government owning land and second, creating new unconstitutional departments and arbitrarily expanding government power?

First Let us go to Article 1 sec. 8 clause 17 of the U.S. Constitution which 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;”

Clause 17 of Article I, Section 8 deals with the issue that the Constitutional Framers had agreed that the new nation’s capital should be located in a district that was independent of any particular state government and subject only to federal control. Thus the plan was to create a federal district no more than ten miles square from land ceded by one or more states to house the U.S. national capital, which was accomplished when the Compromise of 1790 ended with agreement to form the District of Columbia from landed ceded by Maryland and Virginia. The national capital was temporarily relocated from New York to Philadelphia while construction began on homes for the president and Congress, and in 1800 the United States’ capital was moved again (for the final time) to Washington, D.C., in December 1800.

“Clause 17” allows Congress to exercise exclusive control over that federal district, and over any land and structures that are deemed necessary for carrying on the business of the Federal Government (such as forts, arsenals, and post offices).

Then let’s go to article IV sec. 3 of the Constitution which states:

“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 ...”

This section of the Constitution grants Congress the power to make needful rules and regulations while the land is still a Territory (capital T) and grants Congress the power to dispose of the land. It does not grant unto congress the power to retain the land, only to dispose of it. This means that the federal government does not and cannot OWN land except what is a Territory and what is stated in (Article 1 Section 8 Clause 17.) They can make the rules while it is a Territory, but they only have the obligation, duty and authority to dispose of it. In other words, the people OWN the land and have charged the Federal government to be administrators until it can be disposed of.

*“The other property” mentioned in Article IV sec. 3 refers to the property in Article 1 sec. 8 clause 17 which is the property in Washington DC and other property needed to run the government such as federal buildings, arsenals, military bases, etc.

So how does Congress dispose of Territorial land? It can and has been done in several ways: they can sell it, they can give it away (such as they did with the Homestead Act), but the ultimate tool of disposal however, is Statehood. The land is no longer a Territory… By accepting a State into the Union, Congress is disposing (relinquishing its rights) of the land/Territory to the people of that particular State. At the moment of Statehood, The Federal Government no longer has the constituted authority to administrate the land or resources within the borders of that State. The people of that state now have all authority over the land in that state.

This is U.S. Constitutional Law ‘my friend’ moreover it has evolved, been ignored and/or manipulated to suit those in power nearly since its inception. This is what the Oregon and the Nevada Bundy standoff was really about my friend. It wasn’t about cattle, tortoises, unpaid rent or the environment, it was about government tyranny plain and simple. Only the one who owns the land can rent it out or have any kind of authority over it, and that is the people or the state in which the land is located.

Then there is the little issue of illegal departments and powers of the Federal government such as in this case the BLM that expanded the power of the Department of the Interior and evolved into a Gestapo Military. There are over 7000 such unconstitutional departments now in the Federal Government.

I refer you to the 10^th 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 10^th Amendment the most violated amendment of all of the Bill of Rights, expresses the principle of federalism and states' rights, which strictly supports the entire plan of the original Constitution for the United States of America, by stating that the federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people.

THE BOTTOM LINE: Again I Challenge anyone to find in the U.S. Constitution that the Federal Government has the power to establish a department that is essentially a corporate entity that owns and controls land and mineral rights in some cases up to 80 percent of state land.
If you want to read the details of the latest development and a little background in the Bundy V.s. the BLM case, in the ‘OREGONIAN’ you can click on this.

Read past related articles here:

And Here:

Thanks for listening my friend. Now go do the right thing, pray and fight for truth and freedom. If you would like to write me direct with a question or a comment you can contact me at writedeandrae@hotmail.com

- de Andréa

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Saturday, December 23, 2017