SCOTUS and the EPA vs Private Property

On March 21, TAC reported that the Supreme Court had ruled in favor of an Idaho couple who had been petitioning the court system to be allowed to make their case concerning EPA administrative heavy handedness. The post, U.S. Supreme Court: Idaho Couple can take EPA to Court, reported that the couple had been directed by the Environmental Protection Agency to restore their newly acquired home construction plot back to its original state or face stiff fines. The EPA would not allow an appeal, or even a hearing.

Article 1 Section 8 of the U.S. Constitution enumerates the main powers delegated to the federal government, specifically those of the Legislative Branch. An original understanding makes it clear that the Constitution does not authorize Congress to form a federal agency which can dictate what people can do with their private property. Just as it has no authority to demand the American people purchase something, Washington D.C. has no power to tell us what to do with personal or real property we own.

Utah, Colorado, Nevada and many other western states are neighbored by separate “federal states” which cannot be utilized for their own taxing purposes or to access the natural resources that reside within them. This is due to the fact that the federal government had either grabbed up the land when the state first entered the union, or had purchased it by some means. Regardless of how it was acquired, the federal land is within the state, and the people of that state cannot utilize it, in most cases.

Federal ownership of the land creates no benefit to the state itself. As U.S. Government Property, it is considered a resource of the U.S. Federal Government. In some instances, such as the Smoky Mountains in North Carolina, the area has been deemed A UNESCO World Heritage Site and is “legally protected pursuant to the Law of War, under the Geneva Convention, its Articles, Protocols and Customs, together with other treaties including the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and international law”. Our Congress had to ratify that UN treaty. “While each World Heritage Site remains part of the legal territory of the state wherein the site is located, UNESCO considers it in the interest of the international community to preserve each site”.

How is that for giving away Sovereignty?

Details

Stopping the EPA and Cap and Trade in Virginia

Two bills, both attempting to reassert state sovereignty over environmental regulations, will be considered in Virginia’s 2011 legislative session. The first, House bill 1357 (HB1357) addresses the regulation of carbon dioxide emissions specifically, while the second, House Bill 1397 (HB1397) seeks to protect Virginia homeowners from potential cap and trade requirements.

Details

Texas and the EPA

Texas vs. EPA update: At this moment, the State of Texas is clashing with the EPA over the EPA’s arbitrary and unconstitutional changes to the Clean Air Act.  (The EPA seems to have forgotten that Congress, not a department of the executive branch, writes our laws.)  The whole story is here: http://www.washingtontimes.com/news/2010/aug/25/texas-fights-global-warming-power-grab/?page=1 Texas Attorney General…

Details

Federal Government Out of Control

Here in Montana we continue to wonder where the tyranny will stop. We continue to get snubbed by our elected officials at all levels of government with arrogance leading the way. Recently Montana Senators Max Baucus and Jon Tester worked overtime to undermine our sovereignty.

They are both part of the eco~tyranny locking up our resources making closed door deals with not only the United States Eco~extremists, but with foreign governments without the approval of the people. Working behind closed doors with Montana Governor Brian Schweitzer they have effectivly bypassed the 1872 mining act providing for the exploration and development of minerals.

The Health Care regulatory takings law is just now starting to show the tyranny that will undue the repbulic of America from the inside. Forcing citizens to purchase into the health care plan will undermine the individual liberties of every American citizen.

Details