David Knight: Cliven Bundy, BLM, And Tyranny Of Taxation And Regulation Without Representation

What are the facts in this case? What law is supposedly broken by Cliven Bundy? Is violating an immoral, illegal and irrational law a crime?  Who owns the land in question, the federal government or the state of Nevada? Is Senator Harry Reid (D – Nevada) implicated in using his political influence to broker sweetheart deals with Chinese solar firms? Is this really all about protecting tortoises? Questions that demand answers amidst a swarm of apologist mainstream media spin, are parsed here by David Knight.

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  • Cortacespedes

    Clause 17. 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;

    This clause was inserted into the constitution to create Washington D.C. and military bases. The “10 square miles” is for D.C. only. It was never meant to be used to limit federal ownership of land or territory. Read it again…

    “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,

    People are reading into the constitution what they want to read, not what its intent was originally for. With this type of illiterate interpretation Yellowstone park itself would be unconstitutional (as would any national park).

    Try reading further into the constitution: Article IV Section 3 Clause 2:
    Federal Property and Territory Clause

    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.

    General interpretation: The Federal Property and Territory Clause or Property Clause gives the United States Congress exclusive authority to set rules and regulations for the management of public lands. For example, pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. In another case, Kleppe v. New Mexico, the Court ruled that the Federal Wild Horse and Burro Act was a constitutional exercise of congressional power under the Property Clause at least insofar as it was applied to prohibit the New Mexico Livestock Board from entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.

    If you think the “fun” over “tortoise rights” is contentious, wait until they list the sage grouse on the endangered species list. Woo boy! It might be listed next year and the battles are promising to be spectacular.

    Stay tuned!!!!!!!

    Oh, and in case you are wondering, the U.S. owns the land; Treaty of Guadalupe Hidalgo gave them that. Homestead laws were not applicable due to how much land is needed by a homesteader in order to make it in Nevada.

    Over 80% of the state’s area is owned by the federal government. The primary reason for this is that homesteads were not permitted in large enough sizes to be viable in the arid conditions that prevail throughout desert Nevada. Instead, early settlers would homestead land surrounding a water source, and then graze livestock on the adjacent public land, which is useless for agriculture without access to water (this pattern of ranching still prevails).

    The Homestead Acts would be considered null and void were we to take Cliven Bundy’s constitutional interpretation seriously.

    Does he really want to go there?

    • Dingbert

      “People are reading into the constitution what they want to read, not what its intent was originally for.”

      America’s very own little Bible. There was wisdom in Jefferson’s proposal to have the Constitution and all laws ripped up and rewritten every ~19 years.

      • Cortacespedes

        Exactly. I think it might be a good idea to rip up the constitution, but the problem is, look at the congress we have now; do we want these clowns rewriting anything?

        Jefferson was the one who sort of got the ball rolling with the federal ownership of lands. It was a way to make revenue by selling cheap land to settlers.

        • https://twitter.com/anti_euclidean ÿ

          According to the “Treaty of Fort Laramie” that will never, ever be honored by this US Government or any other, Native peoples have first crack at “unused” and “abandoned” Federal land.

          Next on the karmic docket is the past due delivery of 40 acres and a mule for each freed slave, to be equally divided amongst their remaining heirs.

          LOL j/k

          TJ wrote the document for property-owning western europeans.
          Light it up
          Roll it

          Pass it around
          At the very least, it’d be entertaining to watch the .001% attempt to stage manage it.

    • http://lmgtfy.com/ jasonpaulhayes

      I dare Nevada and Texas residents to try and secede from the union… they will be isolated and taken over militarily, over night. We can declare the two most racist, fascist states in the union as World Heritage sites and open up the land to American Indians who will gladly act as the rightful stewards of that land (which they are)…. Bison burgers sound fantastic.

      • Cortacespedes

        Their own constitution forbids secession; Civil War going on and all that.

        The requirements of the congressional enabling act were duly
        incorporated at the beginning of the constitution in a section called
        “The Ordinance.” This included the outlawing of slavery, and the
        statement that all undistributed public lands would be retained by the
        federal government and could never be taxed by the state. These
        provisions would be “irrevocable” without the consent of Congress and of
        the people of Nevada. The new constitution also included a “paramount
        allegiance” clause, proclaiming the supremacy of the United States
        government over the states and that no state had the right to secede,
        both very much Republican party doctrine, and voluntarily inserted into
        the document by its makers.

      • Anarchy Pony

        I prefer elk burgers.

    • misinformation

      “But whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.” – Lysander Spooner

  • Reasor

    If you believe that mooching off of public property, failing to pay dues in the way that Bundy’s peers and competitors do, and then calling for armed gangs to come help him threaten the appropriate enforcement agencies is a legit, ethical way for Bundy to handle his business, then you should just say that. You’d still be wrong, but at least it would be less disingenuous then bringing up the goddamn tortoises in every article you post about this. Stop pretending that you don’t understand the story.

    • Anarchy Pony

      Don’t you know? Some craven asshole’s right to exploit the shit out of the land and fatten his bank account trumps an entire species’s right to exist. Didn’t you get the memo?

      • https://twitter.com/anti_euclidean ÿ

        Said memo has been clearly posted in the utility closet of the boiler room on the basement level of the municipal building since Tuesday.

        Typical armchair liberal activist commie can’t be bothered to stay informed on the workings of his own government.

        No wonder this country is going to hell!!!

  • http://politicalfilm.wordpress.com/ polfilmblog

    Biggest hot air balloon spotted in years…

  • Reasor

    As often as I disagree with the site’s resident reactionary right-winger, his clickbait troll articles probably do a fair amount to keep the site in business.

  • Dingbert

    Wasn’t this comments section already locked? If not, ten seconds to liftoff, nine, eight, seven . . .

  • Dingbert

    Taxation without representation. Sounds like PR, or DC–it’s even on their license plates. But the only related article I can find on Prison Planet seems to oppose DC statehood. Both Jones and Beck vehemently oppose PR statehood, too. Huh?

    • Oginikwe

      I’ll get interested again when they start talking about representation without taxation considering all the corporations and industrialists who don’t pay their fair share–or grazing fees.

      • Anarchy Pony

        Given all the subsidies it’s nearly reversed.

        • Oginikwe

          Yes. They get all the representation and we get all the taxes.

  • mo up in the northeast

    agenda 21: alive and well

  • Juan

    Very well said:)

  • White Peony

    I think pointing a sniper rifle at a government agent is probably a crime. If we did that we would be dead! The only reason he isn’t dead is because he is a rich, high profile, media whore. AND Just Watch me try to feed my million dollar feed lot with public grazing property and get away with it. Now freakin way! This dude is a joke. I am not a huge pro gov person but this guy is not your poster boy.

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