DomKen
Posts: 19457
Joined: 7/4/2004 From: Chicago, IL Status: offline
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quote:
ORIGINAL: LookieNoNookie quote:
ORIGINAL: DomKen quote:
ORIGINAL: Yachtie fr Nevada Revised Statute 321.596 I find these parts interesting. 2. The State of Nevada has a legal claim to the public land retained by the Federal Government within Nevada s borders because: (a) In the case of the State of Alabama, a renunciation of any claim to unappropriated lands similar to that contained in the ordinance adopted by the Nevada constitutional convention was held by the Supreme Court of the United States to be void and inoperative because it denied to Alabama an equal footing with the original states in Pollard v. Hagan, 44 U.S. (3 How.) 212 (1845); (b) The State of Texas, when admitted to the Union in 1845, retained ownership of all unappropriated land within its borders, setting a further precedent which inured to the benefit of all states admitted later on an equal footing ; and (c) The Northwest Ordinance of 1787, adopted into the Constitution of the United States by the reference of Article VI to prior engagements of the Confederation, first proclaimed the equal footing doctrine, and the Treaty of Guadalupe Hidalgo, by which the territory including Nevada was acquired from Mexico and which is the supreme law of the land by virtue of Article VI, affirms it expressly as to the new states to be organized therein. 5. The attempted imposition upon the State of Nevada by the Congress of the United States of a requirement in the enabling act that Nevada disclaim all right and title to the unappropriated public lands lying within said territory, as a condition precedent to acceptance of Nevada into the Union, was an act beyond the power of the Congress of the United States and is thus void. 6. The purported right of ownership and control of the public lands within the State of Nevada by the United States is without foundation and violates the clear intent of the Constitution of the United States. 7. The exercise of such dominion and control of the public lands within the State of Nevada by the United States works a severe, continuous and debilitating hardship upon the people of the State of Nevada. Bundy may have more of a case than some of you think. Nope. This has been litigated to death. State law does not super cede federal law. And you read this....where? States rights (nearly) ALWAYS supersede federal rights....(there's a document....if I recall it's called the Constitution, has this shit that follows on/attached to..."Bill of Rights"....that kind of shit). And the Constitution actually says that federal law is tops in this. Article VI This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; Which means the state of Nevada can whine all it wants the feds win. The feds own the land and the BLM manages it.
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