First Conan, Article I, §8, as well as the 16th Amendment make it clear the Federal Government can levy and collect taxes. Including income taxes. So very painfully clear (the no-tax nuts have no leg to stand on).
Bundy is on equally weak legal footing with “Federal Government cannot own land” bit. In bullet points:
- The Federal Government acquired forts, bases, and stockpile locations during the revolutionary war. The easiest example is West Point (Ft. Clinton) which was occupied by Federal Troops in 1778 and never really gave it up. In 1802 that freedom hater Thomas Jefferson established it officially as the US Military Academy.
- The “NW Ordinance” of 1787 establishing territories and selling lands west of the Appalachian mountains (think Northwestern University, in Chicago).
- Washington DC was carved out of existing state land to make an exclusive Federal District in 1790
- 1803 The Federal Government bought the watershed of the Mississippi from Napoleon
All of this was done by the Founding Fathers. They acquired huge amounts of land for the Federal Government. Now, it was their policy to sell off most of that land – but saying they had to or that the Fed cannot own land didn’t hold up even with the Founding Fathers.
Moving on…
- 1848 the US wins the Mexican American war, recognizes Spanish and Mexican land grants, and reserves all royal/Mexican Federal land to the US Government. As each state was established, land was apportioned to the state, sold, or retained by the Federal Government (note the “established” parts of that territory have little Federal land [Texas, coastal California], but the unestablished portions still remain largely Federal as they were never granted to anyone)
- The 1862 Homestead Act gave away huge amounts of Federal Land to anyone who applied and promised to work the land
- The 1863 act of Congress authorizing Nevada to join the Union stipulated the Nevada was to come in without gaining a grant of any Federal land. Citizens could still homestead and could still enter negotiations to buy Federal land in Nevada.
- The 1864 Constitution of Nevada states “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;...”
- Following the civil war, the issue of “States rights” and sovereignty was essentially decided in favor of the Federal Government. The reconstructionist Amendments codified this arrangement.
- In 1867 The Federal Government purchased the entire state of Alaska, and again retained most of the land
This is were Bundy claims his family moved to Nevada, in 1880, and started running cattle for free on land they didn’t buy, rent, or pay any taxes or fees on. AFTER all of the above, and case law supporting it, was well established and universally known. In fact, the presence of Federal land to run cattle on is what prompted many people to move to those areas to start with. NOT the prospect of owning vast tracts of land, the prospect of USING vast tracts of land for little or nothing.
His family never bought the land. Future generations did not homestead additional acreages. They simply exploited the land for free, which worked fine for them.
But Federal Lands were being destroyed. The open access policy led to over exploitation. No one over grazes their own pastures, because your cattle will die next year when the pasture land will not be able to support cattle the next year. But, if it is Federal land with open access – who cares? So the first person in over exploited the land, rendering it fallow for years to come. A poor economic use of the land, which led to
- The Taylor Grazing act of 1934, which required permits to graze on Federal lands, authorized the collection of fees, and gave priority to permits to people with land contiguous with Federal lands.
This benefited the Bundy clan. They had contiguous land, so they got the permits and could now exclude other ranchers from the Federal land. So the Bundy’s used the land for a couple generations paying minimal fees. Much cheaper than buying the land. Much cheaper than homesteading, or any form of ownership that would require paying taxes and/or paying on a loan.
But now he doesn’t want to pay the fees anymore because the Federal Government cannot own land. He claims the land is owned by the State of Nevada – which Nevada denies. He claims any fees should be paid to the State of Nevada, but has paid not fees to the State of Nevada.
It’s a joke.
A great Law Journal article on the subject:
http://www.law.umaryland.edu/marshall/crsreports/crsdocuments/RL34267_12032007.pdfThe most on point excerpt:
The U.S. Constitution addresses the relationship of the federal government to
lands. The Property Clause, Article IV, § 3, Clause 2, gives Congress authority over
the lands, territories, or other property of the United States. It reads:
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.
This provision provides broad authority for Congress to govern the lands
acquired by the federal government as it sees fit, and to exercise exclusive authority
to decide on whether or not to dispose of those lands. The U.S. Supreme Court has
described this power as “without limitation,” stating that:
“…while Congress can acquire exclusive or partial jurisdiction over lands within a
State by the State’s consent or cession, the presence or absence of such
jurisdiction has nothing to do with Congress’ powers under the Property Clause.
Absent consent or cession a State undoubtedly retains jurisdiction over federal
lands within its territory, but Congress equally surely retains the power to enact
legislation respecting those lands pursuant to the Property Clause.... And when
Congress so acts, the federal legislation necessarily overrides conflicting state
laws under the Supremacy Clause.” Kleppe v. New Mexico, 426 U.S. 529, 542-543 (1976).
