Archive | May 5, 2019

FOOD FOR THOUGHT

From: Hank Ashmore

The Deplorable Infidel

 

THE PROPERTY CLAUSE

There are 2.27 billion acres of land in this country. The federal government owns approximately 640 million acres or about 28%. These holdings include national parks, national forests, recreation areas, wildlife refuges, vast tracks range and wasteland, reservations held in trust for Native Americans tribes, military bases, and ordinary federal buildings. These vast land holdings are managed by eight different federal agencies: Bureau of Land Management, United States Fish and Wildlife Service, National Park Service, Bureau of Indian Affairs, Bureau of Reclamation, United States Forest Service, United States Army Corps of Engineers, and Tennessee Valley Authority. Although federal property can be found in every state, the largest concentrations are in the west, where for example, the federal government owns over 80% of the lands within Nevada. The primary constitutional authority for the management and control of this vast real-estate empire is the Property Clause found in the Constitution under Article IV, Section 3, Clause 2. The exact scope of this clause has long been a matter of debate. Broadly speaking, three different theories have been advanced.

The narrowest conception, which can be called the “proprietary theory”, maintains that the Property Clause simply allows Congress to act as an ordinary owner of land. The broadest conception, which can be called the “police-power theory”, regards the clause as conferring not only the powers of ownership, but general sovereign authority to regulate private conduct that occurs on federal land or that affects federal lands. Although most commentators have polarized around the proprietary and police-power theories, there is also an intermediate perception of the Property Clause, which can be labeled the “protective theory”. This perception would go beyond the proprietary theory in regarding the clause as a partial source of sovereign authority. But it would stop short of the police-power theory by limiting that authority to legislation designed to protect the proprietary interests of the United States.

It is not certain which of these theories corresponds with the original understanding of the Framers, inasmuch as the debates from the Constitutional Convention and the ratification process have little to say about the Property Clause. One clue is provided by the structure of the Constitution. Article I, Section 8, which sets forth the enumerated powers of Congress, includes a specific grant of power over the governance of federal property.  Article I, Section 8, Clause 17, known as the Enclave Clause, is plainly a grant of sovereign authority – indeed, exclusive sovereign authority – over the District of Columbia and other enclaves acquired with the consent of the state in which they are located.

Article I, Section 8 is the place where one would expect to find a grant of power to Congress to exercise political sovereignty over federal lands. Article IV, in contrast which generally deals with issues of state-to-state relations, would be an odd place to put such a power. Moreover, it is inconsistent with the careful drafting of the Constitution to assume that the Framers included two overlapping grants of sovereign political authority over federal lands. These structural considerations make it doubtful that the broad police-power theory is consistent with the original understanding of the Founding Fathers.

The Founding Fathers distrusted strong governments. The writings of Franklin, Paine, Adams, Madison, Hamilton Jay and Jefferson all deal with the fear of excessive government power and all of the Founding Fathers, with no exception, were solidly and unequivocally in favor of limited government. This is the reason the Founding Fathers included the Enumerated Powers in the Constitution, Article I, Section8. These powers defines the limit of power and scope given to Congress.  Clause 17 defines the power to purchase land. Limiting the amount of land that could be purchased did not sit well with the progressives in Congress and in the courts. Therefore, the courts ruled under the Property Clause, Article IV, Section 3, Clause 2 in the Constitution, congress has the power to purchase land. These rulings ignored the Enumerated Power and allowed for the massive acquisition of land across this country and the creation of all the federal bureaucracies listed above. This is a great example of what happens when Congress and the courts ignore the Constitution, especially the Enumerated Powers, a  massive expansion of the federal government which is exactly what the Founders feared. The Founding Fathers never intended for the Federal Government to own over one quarter of the land that makes up this nation!

The Deplorable Infidel

 

WAKE UP AMERICA BEFORE IT’S TOO LATE!

A SIMPLE TRUTH FOR TODAY

There is a rumor going around Washington D.C. that Hank Johnson has learned to tie his shoes.

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Tolley’s Topics proudly introduces…

  HRH Duchess of Canongate

” I read Duchess the story about the Declaration of Independence,  our war with England to win our independence, and our Constitution. Since I finished the story…. she has been watching for the British.”

-The Deplorable Infidel-

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Bird’s Eye View

A WORD FROM: THE WISE

 

It is now quite evident that the Dems are going after AG Barr with everything they have. They fear him because he is honest, competent, and a man who believes in the rule of law – all the things the Dems are not! The Washington establishment is afraid that Barr will finally call them out and end their rule. I think they picked a fight with the wrong man. He gives me the impression that he is going to do his job no matter who opposes him. Now we are seeing and hearing the Dems attack him on every level and every issue no matter how small or insignificant. The problem with their approach is that Barr just becomes more and more focused on his goals. The harder they push their threats the more Barr raises the stakes. I believe he is very near the point where he will make decisions regarding indictments. Did you notice that when he testified before the Senate that he did not have any notebooks or props other than two letters – the 4-pager he wrote and Mueller’s response to his letter. He can talk rings around the Dems regarding the law and most of the Dems are supposed to be lawyers.

The Senate on Thursday approved the 100th federal judge under the Trump presidency. While the Dems continue to work themselves into a frenzy with false narratives, the Republicans are reshaping the entire federal court system. If Trump wins a second term he will likely replace a significant number of those positions. I think I recall that there are about 900 federal judges, so if he can do another 100-150 before the 2020 elections and another 300 in his second term, he will have appointed a majority of all judges. The vast majority of his appointees are also young so they will be serving for an extended period.

When The New York Times publishes a front page article saying that the FBI spied on the Trump campaign you know the worm has turned. For two years they poo-pooed the notion that Trump was spied on and now they have to admit it. They realize that this is going to be the major news focus in the coming months and they cannot afford to deny it any longer – or lose readers. The ratings in the last month are: Fox News maintained their overall market share from April, a year ago, but MSNBC took a beating and CNN fell completely off the map. CNN’s top rated show came in at 26th on the overall list. Their ad revenues must be in the tank. Their ability to operate may become a concern. I would guess that the summer months are normally weak for all media outlets, so this bears watching.

I just bought a large box of Orville Redenbacker’s gourmet popcorn – No artificial preservatives, flavors, dyes, fake news, or spin. We are watching history play out before our very eyes. This is one of those rare moments in time when good must conquer evil, when liberty and freedom prevails over socialism and communism, when the working class regains a seat at the table, when the rule of law once again becomes the beacon for all citizens, and when the forgotten man once again has a clear and loud voice in plotting the future for our country.

Fix bayonets!  Prepare to charge!  We are the willing!

No retreat! No surrender!

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THE SPHINX—LOOK !!!! WHO IS SHOOK AND WHO IS WOKE

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The Demodevils should use this procedure to get rid of Trump.

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The Editor:  What is going on, LL ?

Frightful Cat:  I’m frightened with all the  ” shook and  woke ” talk.  Our New York reporter captured AOC, on video,  wondering where her vegetables came from.  She was ” shook and woke “.   She thought vegetables grew in the produce section at the supermarket.

https://townhall.com/tipsheet/leahbarkoukis/2019/05/02/aoc-and-her-garden-n2545697

TE:  What really happened, FC ?

Horticulture Cat:  She spent all of her scheduled Economic class times studying plants.  She believes they are MAGIC.

She might get the same White House employees to tend her carrots that Michelle My Bell made take care of hers.

https://www.google.com/search?q=photo+of+michelle+obama+in++her+garden&tbm=isch&source=iu&ictx=1&fir=cMpThfPIssNjRM%253A%252CKoJCxhtUiF_6TM%252C_&vet=1&usg=AI4_-kQWSQ73TYbTMpk1lWOmF5Nn4ovhDw&sa=X&ved=2ahUKEwjP14iW2f_hAhVCM6wKHRJ0Aa4Q9QEwAnoECAkQCA#imgrc=cMpThfPIssNjRM:

Here is a Shook Up, and bonus Woke Up.

Astronomy Picture of the Day

Saturn, Titan, Rings, and Haze
Image Credit: NASA, ESA, JPL, SSI, Cassini Imaging Team

Explanation: This is not a solar eclipse. Pictured here is a busy vista of moons and rings taken at Saturn. The large circular object in the center of the image is Titan, the largest moon of Saturn and one of the most intriguing objects in the entire Solar System. The dark spot in the center is the main solid part of the moon. The bright surrounding ring is atmospheric haze above Titan, gas that is scattering sunlight to a camera operating onboard the robotic Cassini spacecraft. Cutting horizontally across the image are the rings of Saturn, seen nearly edge on. At the lower right of Titan is Enceladus, a small moon of Saturn. Since the image was taken pointing nearly at the Sun, the surfaces of Titan and Enceladus appear in silhouette, and the rings of Saturn appear similar to a photographic negative. Now if you look really really closely at Enceladus, you can see a hint of icy jets shooting out toward the bottom of the image. It is these jets that inspired future proposals to land on Enceladus, burrow into the ice, and search for signs of extraterrestrial life.

Tomorrow’s picture: approaching the whirlpool