Wednesday, April 16, 2014


Here in the US we've of course had the Bundy standoff get a lot of press. His cows were trespassing on federal land. It's a big hassle and right now the BLM has backed off because of the chance of bloodshed between BLM workers and the militants. The militias showed up at the ranch in a show of force. For those of you outside of the US that brings you a little up to date.

I've been hearing, and reading, various Constitutional and legal arguments. There have been a whirlwind of arguments revolving around this. One thing Bundy, and many of his supporters, purports is that the federal government has no jurisdiction. I decided to read through the Constitution. Note that I'm not a Constitutional scholar.

Article. IV., Section. 3.

New States may be admitted by the Congress into this Union; but no new State 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.

That second paragraph looks to me like it applies to federal regulations and laws in places like Nevada. It also implies that the federal can own significant quantities of a states land.

This in particular has to do with regulating Bundy's cows. Article I, Section 8 To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Cows are transported commonly across state lines therefore the interstate commerce section applies.

Anyway, the BLM is working at Congresses behest. Congress created them. Basically it requires Congress to be the ones that change the charter. After going through the Constitution like I have I can't call Cliven Bundy a patriot. It offends me having served this country as a soldier.

One last note, here's a section of the Nevada Constitution that he's ignoring.

Article 1, Section 2, "The Paramount Allegiance of every citizen is due to the Federal Government in the exercise of all its Constitutional powers as the same have been or may be defined by the Supreme Court of the United States...whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority."

He doesn't even have leg to stand on in any court and actually deserves prison time.

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