How Federalism Matters Today

Does Federalism !– The Healthy Tension of the Republic – !

Matter to YOU Today?

Ken Ivory!www.AmericanLandsCouncil.org!

www.AmericanLandsCouncil.org!

Better Access • Better Health • Better Productivity

Why the Difference??

We’re Talking About THIS… NOT THIS…

Liberty cannot exist, hence Life has no real

meaning, without the right and control

of Property.

This is NOT a “Western Issue”

Rep. Alan Clemmons South Carolina

Rep. Marti Halverson Wyoming

Commissioner Doug Heaton Kane County, UT

www.AmericanLandsCouncil.org

More info Text “Sign” to 801.416.2543

The Transfer of Federal Lands is THE ONLY SOLUTION BIG ENOUGH to:

1.  Secure “the constitutional equality of the States” that is “essential to the harmonious operation of the … Republic”

The Transfer of Federal Lands is THE ONLY SOLUTION BIG ENOUGH to: 1.  Secure “the constitutional equality of the States” that

is “essential to the harmonious operation of the … Republic”

2. Balance the federal budget and eliminate the national debt

To Infinity, and!

Beyond!!



2.  Balance the federal budget and eliminate the national debt

3.  Secure the domestic supply of National Security critical resources (Defense, electronics and renewable energy technologies are all dependent on rare earth minerals – 95% of which come from China)




3.  Secure the domestic supply of National Security critical resources

4.  Achieve Energy Independence




3.  Secure the domestic supply of National Security critical resources

4.  Achieve Energy Independence

5. Protect our Environment, Wildlife, Watersheds, and Recreational Lands from further devastation from failed federal policies

YOU Are The Key! Vet all Candidates on this Vital Solution

to verify whether:

1.  They have the Knowledge & Courage to 2.  “Battle for” (not against anyone or anything) 3.  The Only Solution Big Enough to rescue

this nation 4.  Through securing the transfer of federal

lands to local control of our lands for * Better Access * Better Health, AND * Better Productivity

3 “Self Evident” Principles

1.  Governments exist “to secure these rights” which were “endowed by our Creator”

* Life * Liberty * Property (pursuit of Happines) * Self Government

Declaration of Independence



2. Liberty cannot exist, hence Life has no real meaning, without the right and control of Property

Property “Man—has three great rights ... the right to his life, the right to his liberty, the right to his property. ... The three rights are so bound together as to be essentially one right. To give a man his life, but deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty, but take from him the property which is the fruit and badge of his liberty, is to still leave him a slave.”

George Sutherland U.S. Supreme Court Justice 1921



2.  Liberty cannot exist, hence life has no ral meaning, without the right and control of Property

3. “The constitutional equality of the states is essential to the harmonious operation of the … republic.” Shelby Co. v. Holder, 2013

3 Fundamental Truths

1.  The Statehood Terms Are The Same for the transfer of federally controlled lands for all newly created states east and west of Colorado;

2.  It’s Already Been Done Before! 3.  It’s The Only Solution Big Enough to secure

better access, health and productivity for our lands and our nation.

IL, MO, IN, AR, LA, AL, MS, Fl, were as much as 90% federally controlled for decades ...

“... my election to the Senate of the United

States ... found me doing battle for an ameliorated system of disposing of our public lands; and with some success. I resolved to move against the whole system ... I did so in a bill, renewed annually for a long time; and in speeches which had more effect upon the public mind than upon the federal legislation ...” !

U.S. Senator Thomas Hart Benton (D-MO)

Teddy Roosevelt!

“During [John Quincy] Adam’s term Benton began his fight for disposing of the public lands to actual settlers at a small cost. It was a move of enormous importance to the whole West; and Benton’s long and sturdy contest for it … entitle him to the greatest credit. He never gave up the struggle, although repulsed again and again … he had to encounter much opposition, especially from the short-sighted selfishness of many of the Northeasterners … As a whole, his theory of a liberal system of land distribution was undoubtedly the correct one, and he deserves credit for having pushed it as he did.”!!

Thomas H. Benton, Theodore Roosevelt 1896!

3 Pillars of Success

1.  Education 2.  Legislation

* Local (Resolutions, Ordinances to prepare for and effect the transfer of

federal lands)

* State - East (Resolutions of Support - South Carolina, Urge

Congressional Action)

- West (Resolutions, Legislation to prepare for and effect transfer)

* National (Transfer of federal lands, provide for good faith

transition)

3.  Litigation

Don’t Be Fooled by The 3 Myths

1. “Your Land Is Arid …”

2. “You Gave Up Your Lands At

Statehood…”

3. “You Can’t Manage Your

Lands …”

Myth #1 – “Your Land Is Arid”

Oregon 53%! Washington 45%!

Alaska 62%!

Arid?!

“You Didn’t Want Your Lands” (“forever disclaim all right and title”)

Myth #2

“that the people inhabiting the said territory, do agree and declare that they forever disclaim all right and title to the waste or unappropriated lands lying within the said territory; and that the same shall be and remain at the sole and entire disposition of the United States...”

ALABAMA 2.7% PUBLIC LANDS

Forever Disclaim All Right and Title ...?

“that the people inhabiting the said territory do agree and declare that they forever disclaim all right or title to the waste or unappropriated lands lying within the said territory, and that the same shall be and remain at the sole and entire disposition of the United States...”

LOUISIANA 4.6% PUBLIC LANDS


“That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States, ....”

NEBRASKA 1% PUBLIC LANDS



“That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, … and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, …;”

Enabling Act of 1889 §4, Second North Dakota 3.9% Federally Controlled Lands South Dakota 5.4% Federally Controlled Lands

The Promises are the Same!

“That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, … and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, …;” Section 3, Utah Enabling Act, July 16, 1894

Utah 66.5% Public Lands

5% of Proceeds SHALL be paid to the State “That five per centum of the proceeds of the sales of public lands lying within said States which shall be sold by the United States subsequent to the admission of said States into the Union, …, shall be paid to the said States, to be used as a permanent fund, …for the support of common schools within said States, respectively.” Enabling Act of 1889 §13 North Dakota 3.9% Federally Controlled Lands South Dakota 5.4% Federally Controlled Lands

“That five per centum of the proceeds of the sales of public lands lying within said States which shall be sold by the United States subsequent to the admission of said States into the Union, …, shall be paid to the said States, to be used as a permanent fund, …for the support of common schools within said State.” Section 9, Utah Enabling Act, July 16, 1894

Utah 66.5% Public Lands

The Promises are the Same!

Why The difference?

U.S. House of Representatives - Natural Resources Committee State Forests Management Superior to Federal Forests for Job Creation, Revenue Production, Local Economies and Fire Prevention February 26, 2103

3 Things YOU Can Do!

1.  Sign Up at www.AmericanLandsCouncil.org and

“Like” the American Lands Council Facebook Page

2.  Sign and Share the Petition demanding

transfer of federally controlled lands to willing western states

3. Hire & Inspire Leaders – Like Only New

Hampshire Can Do


Text “Sign” to 801.416.2543

“But the members in Congress from the new States should not intermit their exertions, nor vary their policy; and should fix their eyes steadily upon the period of the speedy extinction of the federal title to all the lands within the limits of their respective States ...” Thirty Years View, Thomas Hart Benton

U.S. Senator Thomas Hart Benton (D-MO)

Equality of States Essential to Republic""

“…‘the constitutional equality of the States is essential to the harmonious operation of … the Republic ....”! Shelby County v. Holder, 570 U.S. ___ (2013)!!

Equal Sovereignty is Fundamental"!“… ‘fundamental principle of equal sovereignty’ among the States.” … !“… our Nation ‘was and is a union of States, equal in power, dignity and authority.’” !!Shelby County v. Holder, 570 U.S. ___ (2013)!!

The Line

"It must be done by the States themselves, erecting such barriers at the constitutional line as cannot be surmounted either by themselves or by the General Government." Thomas Jefferson, Letter to Archibald Stuart, 1791.

"… it will be their own

FAULTS, if the several states

suffer the federal sovereignty

to interfere in the things of their respective jurisdictions."

!

John Dickinson (Fabius), Letter III, 1788 (all caps in original)

So . . .


Text “Sign” to 801.416.2543

www.AmericanLandsCouncil.org!!

Ken [email protected]!

!

American Lands Council

@AmericanLandsCn

Extra Slides

"Every system is perfectly designed to achieve the results that it gets.”��

W. Edwards Deming

U.S. Constitution Amendment X

“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 Line as Understood for nearly 150 Years

Governor Franklin Delano Roosevelt (D-NY), March 2, 1930

“Congress has been given the right to legislate on . . .

particular subject[s], but this is not the case in the

matter of a great number of other vital problems of

government, such as the conduct of public utilities, of

banks, of insurance, of business, of agriculture, of

education, of social welfare and of a dozen other

important features. In these, Washington must not be

encouraged to interfere.”

“The Federal Government has expanded dramatically over the past two centuries, but it still must show that a constitutional grant of power authorizes each of its actions.”!

U.S. Supreme Court Affordable Care Act Decision (June, 2012)!Federal Govt Powers Limited

By Constitution"

“The same does not apply to the States, because the Constitution is not the source of their power. … state governments do not need constitutional authorization to act. ... Our cases refer to this general power of governing, possessed by the States but not by the Federal Government, as the ‘police power.’” !

U.S. Supreme Court Affordable Care Act Decision (June, 2012)!States’ Powers NOT Limited

By Constitution"

“The Framers thus ensured that powers which ‘in the ordinary course of affairs, concern the lives, liberties, and properties of the people’ were held by governments more local and more accountable than a distant federal bureaucracy.” "

U.S. Supreme Court Affordable Care Act Decision (June, 2012)!

State Jurisdiction Checks Federal Power"

“The independent power of the States also serves as a check on the power of the Federal Government: ‘By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power.’” "


State Jurisdiction Checks Federal Power"

JURISDICTION, n. [Fr. L. jurisdictio; jus, juris, law, and dictio, from dico, to prounouce] 1. The legal power or authority of doing justice in cases of complaint; the power of executing the laws and distributing justice. 2. Power of governing or legislating. 3. The power or right of exercising authority. 4. The limit within which power may be exercised. The American Dictionary of the English Language, Noah Webster, 1828

“In the typical case we look to the States to defend their prerogatives by adopting “the simple expedient of not yielding” to federal blandishments when they do not want to embrace the federal policies as their own." "


States Must Act Like Independent Sovereigns"

“The States are separate and independent sovereigns.

""Sometimes they have to act like it." "


States Must Act Like Independent Sovereigns"

SEPARATE, a. [L. separatus] Divided from the rest; being parted from another; disjoined; disconnected; distinct. The American Dictionary of the English Language, Noah Webster, 1828

INDEPENDENT, a. 1. Not dependent; not subject to the control of others; not subordinate. 2. Not holding or enjoying possessions at the will of another. 3. Affording the means of independence. 4. Not subject to bias of influence; not obsequious; self-directing. 5. Not connected with. 6. Commanding; bold; unconstrained. 7. Separate from. The American Dictionary of the English Language, Noah Webster, 1828

SOVEREIGN, n. suv’eran. A supreme lord or ruler; one who possesses the highest authority without control. SOVEREIGN, a. suv’eran. 1. Supreme in power; possessing supreme dominion. 2. Supreme; superior to all others. 3. Supremely efficacious; superior to all others; predominant. 4. Supreme; pertaining to the first magistrate of a nation. The American Dictionary of the English Language, Noah Webster, 1828

The Constitution thus contemplates that a State's government will represent and remain accountable to its own citizens. As Madison expressed it: "[T]he

local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere." The Federalist No. 39, at 245.

"

Printz v. United States 521 U.S. 898 (1997)

States Are Supreme In Their Sphere"

SUPREMACY, n. [See Supreme] The state of being supreme or in the highest station of power; highest authority or power. SUPREME, n. [L. supremus] 1. Highest in authority; holding the highest place in government or power. 2. Highest, greatest or most excellent. The American Dictionary of the English Language, Noah Webster, 1828

“This separation of the two spheres is one of the Constitution's structural protections of liberty. … a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.’” "



“To quote Madison once again:

‘In the compound republic of America,

the power surrendered by the people is first divided between two distinct governments,

… Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.’ The Federalist No. 51, at 323.” "



“If there be No Such Line, the consequence is either that the colonies are vassals of Parliament, or that they are totally independent.” John Adams, Letter to Royal Governor Thomas Hutchinson, 1773

The Line “. . . this Constitution deserves approbation [praise] . . . [for] the accuracy with which the line is drawn between the powers of the general government and those of the particular state governments. . . . the powers are as minutely enumerated and defined as was possible . . .” James Wilson, Pennsylvania Ratifying Convention, 4 Dec. 1787

“State Legislatures will

²  jealously and closely watch the operations of this Government, and

² be able to resist with more effect [better] than any other power on earth can do; and

²  the greatest opponents to a Federal Government admit the State Legislatures to be sure guardians of the people's liberty.”

James Madison, Introduction of the Bill of Rights, The Annals of Congress, House of Representatives, First Congress

Ambitious encroachments of the federal government, on the authority of the State governments, (i)  WOULD NOT EXCITE THE OPPOSITION OF A

SINGLE STATE, OR OF A FEW STATES ONLY. (ii)  They would be SIGNALS OF GENERAL ALARM. (iii)  Every government would ESPOUSE THE COMMON

CAUSE. (iv)  A CORRESPONDENCE WOULD BE OPENED. (v)  PLANS OF RESISTANCE WOULD BE CONCERTED. (vi)  ONE SPIRIT WOULD ANIMATE AND CONDUCT THE

WHOLE. (vii)  unless the projected innovations should be voluntarily

renounced, the same appeal to a trial of force would be made in the one case [foreign invasion] as was made in the other [federal intrusion].

(viii) ONE SET OF REPRESENTATIVES WOULD BE CONTENDING AGAINST THIRTEEN SETS OF REPRESENTATIVES

(ix)  THE WHOLE BODY OF THEIR COMMON CONSTITUENTS ON THE SIDE OF THE LATTER.

James Madison, Federalist 46

“It may safely be received as an axiom in our political

system, that the State governments will, in

all possible contingencies, afford complete security against invasions of the public liberty by the national authority. (i)  The [State] legislatures will have BETTER MEANS OF

INFORMATION. (ii) They can DISCOVER THE DANGER at a distance; and (iii)  POSSESSING ALL THE ORGANS OF CIVIL POWER, and (iv)  the confidence of the people, they can at once (v)  ADOPT A REGULAR PLAN OF OPPOSITION, in which

they can (vi)  COMBINE ALL THE RESOURCES OF THE COMMUNITY. (vii) They can READILY COMMUNICATE WITH EACH OTHER

IN THE DIFFERENT STATES, and (viii)  UNITE THEIR COMMON FORCES FOR THE

PROTECTION OF THEIR COMMON LIBERTY.” – Alexander Hamilton, Federalist 28

“THE STATE GOVERNMENT WILL HAVE THE ADVANTAGE OF THE FEDERAL GOVERNMENT, whether we compare them in respect to the immediate dependence of the one on the other; to the weight of personal influence which each side will possess; TO THE POWERS RESPECTIVELY VESTED IN THEM; TO THE PREDILECTION AND PROBABLE SUPPORT OF THE PEOPLE; TO THE DISPOSITION AND FACULTY OF RESISTING AND FRUSTRATING THE MEASURES OF EACH OTHER.”

James Madison, Federalist 45

Federal Tide Washes Away State Sand Castles

“It will be [our] own faults” If we fail to build an adequate Sea Wall

JURISDICTION, n. [Fr. L. jurisdictio; jus, juris, law, and dictio, from dico, to prounouce] 1. The legal power or authority of doing justice in cases of complaint; the power of executing the laws and distributing justice. 2. Power of governing or legislating. 3. The power or right of exercising authority. 4. The limit within which power may be exercised. The American Dictionary of the English Language, Noah Webster, 1828

The Interdepartmental Committee for The Study of Jurisdiction Over Federal Areas Within The States was made up of:!Ø U.S. Attorney General"

Ø U.S. Comptroller General"Ø All of the States Attorneys General"Ø  33 federal agencies""

The Study Committee reviewed:!more than “1,000 federal and state cases”, “innumerable textbooks and legal periodicals related to legislative jurisdiction.”!!!Jurisdiction over Federal Areas within the States, Vol. I "

“The Committee notes that there has never before been conducted a study of the subject of legislative jurisdiction approaching in comprehensiveness the survey of facts and the law.”Jurisdiction over Federal Areas within the States, Vol. I !

Four Areas of Jurisdiction/Interest:

1.  “Exclusive legislative jurisdiction” 2.  “Concurrent legislative jurisdiction” 3.  “Partial legislative jurisdiction” 4.  “Proprietorial interest only”

Exclusive Legislative Jurisdiction

“refers to the power ‘to exercise exclusive legislation’ granted to the Congress by Article I, sec. 8, cl. 17 of the Constitution, and to the like power which may be acquired by the United States through cession by a State, ... In the exercise of such power as to an area in a State the Federal Government theoretically displaces the State in which the area is contained of all its sovereignty authority, executive and judicial as well as legislative.” Jurisdiction over Federal Areas within the States, Vol. I

Concurrent Legislative Jurisdiction

“This term is applied in those instances wherein in granting to the United States authority which would otherwise amount to exclusive legislative jurisdiction over areas the State concerned has reserved to itself the right to exercise, concurrently with the United States, all of the same authority.” Jurisdiction over Federal Areas within the States, Vol. I

Partial Legislative Jurisdiction

“This term is applied in those instances wherein in the Federal Government has been granted for exercise by it over an area in a State certain of the State’s authority, but when the State concerned has reserved to itself the right to exercise, by itself or concurrently with the

United States, other authority constituting more than merely the right to serve civil or criminal process in the area (e.g. the right to tax private property).” Jurisdiction over Federal Areas within the States, Vol. I

Proprietorial Interest Only

“This term is applied to those instances wherein the Federal Government has acquired some right or title to an area in a State but has not obtained any measure of the State's authority over the area.” Jurisdiction over Federal Areas within the States, Vol. I

Proprietorial Interest Only

“…in the case where the United States acquires only a proprietorial interest the State retains all the jurisdiction over the area which it would have if a private individual rather than the United States owned the land." Jurisdiction over Federal Areas within the States, Vol. I, Page 21-22

"It should be noted that … the so-called public domain, were not affected by the statutes, and legislative jurisdiction with respect to them remained in the several States. Curiously, therefore, the vast areas of land which constitute the Federal public domain generally are held by the United States in a proprietorial statute only." !!Jurisdiction over Federal Areas within the States, Vol. I, Page 9!

"As to the powers reserved by the State for exercise only by itself, administration of the area is as though the United States had no jurisdiction whatever !(i. e., proprietorial interest only ); the reserved powers may not be exercised by the federal government, but continue to be exercised by the State." !!!Jurisdiction over Federal Areas within the States, Vol. I, Page 21!

Extra Slides

“Sometimes they have to Act Like It.”

Hundley and Chamberlain Combine for 52 points ...

"Effects of varying statutes.--To each of the four categories of legislative jurisdictional situations (in which the United States has (a) exclusive, (b) concurrent, (c) or partial legislative jurisdiction, or (d) a proprietorial interest only) differing legal characteristics attach.”!!!!!!!Jurisdiction over Federal Areas within the States, Vol. I, Page 14!

"... agencies which consider that only a proprietorial interest in the !Federal Government, with legislative jurisdiction left in the States, best suits the requirement of their operations." !!!!!!!Jurisdiction over Federal Areas within the States, Vol. I, Page 33 !

"The power to make and enforce the necessary rules and regulations for the management of Federal property does not depend, constitutionally, on the acquisition by the Federal Government of legislative jurisdiction. … the regulatory authority which it proposes be granted to all Federal land management agencies should not be made to depend on the acquisition of Federal jurisdiction over the lands concerned. Because of the confusion and other adverse effects which multiplication of Federal police forces well might have on law enforcement,”!!Jurisdiction over Federal Areas within the States, Vol. I, Page 74 !

!"Department of the Interior.—!!This Department proprietorial interest only as most desirable for the great bulk of the vast areas of Federal lands under its supervision." !!!!!!!!Jurisdiction over Federal Areas within the States, Vol. I, Page 63!

"Agencies preferring a proprietorial interest only.--The last and largest group, which desires for its properties only a proprietorial interest in the United States, with legislative jurisdiction left in the States, includes all Federal agencies not mentioned in the two paragraphs above which occupy or supervise real property of the United States" !!!!!Jurisdiction over Federal Areas within the States, Vol. I, Page 34!

Exclusive Legislative Jurisdiction

“refers to the power ‘to exercise exclusive legislation’ granted to the Congress by article I, sec. 8, cl. 17 of the Constitution, and to the like power which may be acquired by the United States through cession by a State, or by a reservation made by the United States in connection with the admission of a State into the Union. In the exercise of such power as to an area in a State the Federal Government theoretically displaces the State in which the area is contained of all its sovereignty authority, executive and judicial as well as legislative.”

"Proprietorial interest only.--Where the Federal Government has no legislative jurisdiction over its land, it holds such land in a proprietorial interest only and has the same rights in the land as does any other landowner. ... in the case where the United States acquires only a proprietorial interest the State retains all the jurisdiction over the area which it would have if a private individual rather than the United States owned the land." !!!

Jurisdiction over Federal Areas within the States, Vol. I, Page 21-22!

Committee Conclusions:!!"With respect to the large bulk of federally owned or operated real property in the several States and outside of the District of Columbia it is desirable that the Federal Government not receive, or retain, any measure whatever of legislative jurisdiction, but that it hold the installations and areas in a proprietorial interest status only, with legislature jurisdictions several States;" !!!Jurisdiction over Federal Areas within the States, Vol. I, Page 70!

"It should be noted that lands already under the proprietorship of the United States when these general consent statutes were enacted, such as the lands of the so-called public domain, were not affected by the statutes, and legislative jurisdiction with respect to them remained in the several States. Curiously, therefore, the vast areas of land which constitute the Federal public domain generally are held by the United States in a proprietorial statute only." !!!Jurisdiction over Federal Areas within the States, Vol. I, Page 9!

In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, . . . Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.

-- James Madison, Federalist 51

How Federalism Matters Today

Government & Nonprofit

Transcript of How Federalism Matters Today