Federal judge: Acting* Bureau of Land Management Dir.* Pendley has served unlawfully for 400+ days

essentialsaltes

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I love the fact that you guys are all up in arms that the BLM guy has served too long, but you're perfectly fine with the fact that the Constitution never gives the federal government the authority to have a BLM in the first place.

No, you've convinced me. It was twice as illegal for Trump to appoint him.
 
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MIDutch

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I love the fact that you guys are all up in arms that the BLM guy has served too long, but you're perfectly fine with the fact that the Constitution never gives the federal government the authority to have a BLM in the first place.
US Constitution, Article IV, Section 3;

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.
 
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MIDutch

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I guess you missed the part where it says "Congress shall have power...", not a federal agency that is not authorized and circumvents the Enclave Clause
So Congress doesn't have the power to make federal agencies?

Also, the Enclave Clause is relevant to properties purchased by the Federal Government from states for the purpose of building Federal Government offices (such as Washington DC). Since BLM lands were never state lands to begin with, the Enclave Clause does not apply.

Example: the Territory of Nevada was an unincorporated part of the United States after it's division from the Utah Territory in 1861 (IOW it was Federal lands BEFORE it was ever a state, meaning those lands were never state lands to begin with since the state didn't exist). It was granted statehood in 1864, but with the acknowledgment that US Federal Lands would remain under US Federal jurisdiction. It says so right in the Constitution of the State of Nevada:

THE CONSTITUTION OF THE STATE OF NEVADA
ORDINANCE Disclaimer of Public Lands; Third. 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;

If you look at the Constitutions of the (western) states with lots of BLM lands, you will find similar, if not the exact same, Disclaimer of Public Lands.
 
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DaisyDay

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MIDutch

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Not agencies that violate the Constitution, no.
You haven't demonstrated that the BLM does that.
For "the erection of forts, magazines, arsenals, dockyards and other needful buildings;", not for massive tracts of land.
On land that the Federal Govevernment purchases from the states for those purposes.

The massive tracts of land belonged to the Federal government LONG before the states even existed.
 
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MIDutch

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I did. I cited both Article I, Section 8 of the Constitution and the Enclave Clause of the Constitution.

Since I've shown the evidence to back up what I've said, and since you appear to be here only to troll, I think it's time to invoke Proverbs 26:4 and let you get back to eating your Tide Pods.
Thanks. And I'll have an ice cold glass of Clorox to go with that. I hear it does wonders for Cornavirus.
 
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Pommer

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I did. I cited both Article I, Section 8 of the Constitution and the Enclave Clause of the Constitution.

Since I've shown the evidence to back up what I've said, and since you appear to be here only to troll, I think it's time to invoke Proverbs 26:4.
Then what’re you doing here in a small Internet forum?
Get ye to a Federal Court and sue, sue, sue!
 
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Arcangl86

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I did. I cited both Article I, Section 8 of the Constitution and the Enclave Clause of the Constitution.

Since I've shown the evidence to back up what I've said, and since you appear to be here only to troll, I think it's time to invoke Proverbs 26:4.
The Enclave clause doesn't apply here because the land managed by the bLM never belonged to the states in the first place, as has been pointed out several times.
 
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Arcangl86

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And, as I pointed out, the Enclave Clause does not make that distinction.
"All Places purchased by the Consent of the Legislature of the State in which the same shall be"
You can't consent to the purchase of something if you don't own it.The states have never exercised jurisdiction over the lands in question, which makes them subject to the Article IV, not Article I.
 
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