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?

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Supreme Court gets the Constitution right, for once

In an overwhelming 8-1 decision, the Supreme Court has ruled in favor of the odious Westboro Baptist Church and the First Amendment. That is, the amendment which protects ALL speech, not just politically-correct, state-approved speech. Bravo. The nine highest-paid federal judges in the land have proved themselves capable of comprehending the plain language of the Constitution. Why then,  we…

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VA Intrastate Commerce Act up for key vote tomorrow

If we choose to exercise it, the Tenth Amendment explicitly gives us the power to enforce the Constitution’s letter and spirit through political action, regardless of the opinions and preferences of the ruling class.

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It’s Time to Nullify Federal Court Decisions

As a supporter of laws like SB1070 and other state and local efforts to curb illegal immigration I am disturbed by the trend that federal courts are now weeding through state laws and deciding if they are constitutional or not. Whether or not you support state efforts to curb illegal immigration you have to agree that the courts have lost all prudence in this matter. They now want to chop through state laws and decide what is permissible for them to have and not have.

Pardon me but don’t the courts only have one function and that is to weigh the facts and punish those who break the law. The way a court system works is that the government brings the accused before it where they weigh the facts presented by the state in order to decide if the accused broke the law. They then meet out punishment based on what the law says.

Notice I said they don’t decide punishment because that has already been decided by the law. In fact, everything the court does is decided by law. The courts have this power because of the constitution and the same constitution gives them the power to judge the law as well as the facts. This is stated in Article III section 2 of the constitution.

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The Supreme Court as Ultimate Arbiters?

“To consider the Judges of the Superior Court as the ultimate Arbiters of Constitutional questions would be a dangerous doctrine which would place us under the despotism of an oligarchy. They have with others, the same passion for party, for power, and for the privileges of their corps – and their power is the more dangerous as they are in the office for life, and not responsible, as the other functionaries are to the Elective control. The Constitution has elected no single Tribunal. I know no safe depositary of the ultimate powers of society but the people themselves”
~ Thomas Jefferson

As We the People approach our responsibilities regarding Elective control, it would serve us well to spend some time to study, listen, research and ask some deeper, perhaps, constitutional questions of the candidates that are offering to represent us. If we ever hope to begin to reverse the madness of out of control, tax and spend, corrupt and dishonest state and federal governments, it is indeed our duty to do our best to insure that we are not repeating the same process and expecting different results.

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Supreme Court of the United States or The World?

The United States Supreme Court leftists have once again decided to crush the Constitution and the 10th Amendment by striking down a juvenile sentencing law simply because they don’t like it personally and–the most outrageous reason–because they cited the fact that other countries have long since abandoned this practice. And this despite the fact that…

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The Case Against Case Law

Today when you hear the term Constitutional Scholar or Constitutional Expert you get the image of someone who has studied the Constitution and perhaps the Ratification Debates as well as the federalist papers. Someone who has studied the philosophers whose opinions were crucial to how our nation was to be governed like Blackstone, Cicero and…

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We need to reclaim the Constitution from the Supreme Court

Dr. Robert Lowry Clinton has a fantastic article in the National Review this week. (h/t Mike Rogers) Here’s an excerpt: Many Americans are puzzled and angry about the judicial assault on religion, morality, and common sense that has been going on for the past few decades. People wonder, for example, how the First Amendment (which…

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