Jan 29, 2018 | Constitution, Liberty Articles
By Harold Pease, Ph. D
A newspaper editor recently wrote of the difficulty in finding a columnist expressing the constitutional viewpoint. I was impressed that he was making his way through the Federalist Papers and considered it a good read. Probably not one in twenty today can identify what it is or how it came about.
Today the Federalist Papers would be too deep a read for most college students—even many law school pupils. But it houses the thought processes and debates behind the Constitution, the document that caged the natural tendencies of man more than any governing document in world history. An understanding of the Constitution without this resource is not possible. And because the Constitution is based upon natural law, which does not change, it applies in all generations and in all societies.
Constitutional principles were once taught at every level of education and stories of the sacrifice of our Founders frequently recited with admiration. Today few schools teach these principles in grade school and fewer still in high school. In college U.S. History and Political Science classes the Constitution is tucked in the back of textbooks as an appendix, hence few actually read it. The history of the Constitution’s origin is housed in a chapter but constitutional principles seemingly have only informational value.
Some colleges or universities have courses on the Constitution for political science majors but almost without exception, students are not required to actually read it, heavy emphasis is given instead to case law. The same is true in law school. Original intent is hardly mentioned. Law schools provide our attorneys and our judges, most with too little on original intent. One rogue Supreme Court decision can effectively destroy large chunks of the Constitution and almost no one notices or cares. Too few understand that the Supreme Court is not the supreme law of the land over the Constitution. The Founders would have never permitted nine justices to destroy foundation principles.
Sadly, I never met one having a Ph. D in U.S. History or Political Science who, to get the degree, actually was required to read the U.S. Constitution in full. Nor have I met a lawyer having to do so either. Case law yes, loads of it, but not the Constitution in full or natural law upon which it is based.
If colleges give no emphasis to constitutional study how can we expect the student to do so either? Several years ago U.S. News and World Report reported a study showing that most Americans could not pass the constitutional questionnaire for citizenship, so constitutionally illiterate are we. This document is only of minimal value to journalism or communication majors as well. But these professions serve as information filters in our newspapers, magazines, or radio or television news programs.
The media has divided citizens into two warring groups liberals and conservatives, lumping constitutionalists and libertarians with conservatives, traditionally both major groups problem-solve primarily by increasing federal power without specific constitutional authority (if the document is properly understood) and pretends that there exist no other viewpoints. Rarely is original intent allowed into the debate. But the Constitution is the law of the land and all in authority swear an oath to preserve it.
Barack Obama, violated the constitution more than any president in our history with George W. Bush second. The Tea Party movement, primarily constitutionalists, rose up in 2009 as much against George W. Bush, a conservative, as against the incoming president Barack Obama, a liberal. It used to matter if a president did not carefully follow the Constitution. Today both Democrats and Republicans defend their president routinely when he violates it. Donald Trump certainly is no constitutionalist although, thus far, he has followed it more closely than any previous president the last 28 years.
Of the two major political parties the Democrats rarely cite the document and seem almost to have contempt for it. In fact, most of what they propose is easily argued to be outside the Constitution. They used to defend major parts of the Bill of Rights but I do not see much of that anymore. Republicans sometimes carry the document on their person but do not hold to it and thus much of what they propose is also outside of the Constitution but they do use the word Constitution more than do Democrats, if that means much.
This generation knows that the Constitution was a good thing, probably should be revered, at least historically, but they know little of the principles housed therein and have no idea how to vote to get back to it. This they will never get from the media, political party, or, it seems, not even the institutions of learning—only private study. That my new editor would find it difficult to find columnists that express the constitutional viewpoint is easily understood, as is the fact that newer columnists, lacking this understanding, are far more likely to express views in opposition to it.
Constitutional illiteracy is almost universal to the point that those qualified to defend the Constitution as designed are becoming extinct. Students are not likely to defend it if they never experienced it being defended. A real danger exists that if too few know or value its principles we will lose it—perhaps we already have. Some say it is no longer relevant for our times. They are so wrong.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Jan 29, 2018 | Constitution, Economy, Liberty Articles
Harold Pease, Ph. D
We’ve had 19 government “shutdowns” since 1977 according to the Congressional Research Service. Some say the weekend “shutdown” just passed may not be the only one this winter because nothing was resolved in the so-called “Schumer Shutdown,” which only extended funding for three-weeks until February 8, ironically what the Republicans first proposed.
Last year Democrats were going to “shutdown” the government if the budget included any border wall funding so President Donald Trump, to avoid such, removed the funding proposal. But a government shutdown is never as bad as portrayed and, in fact, may be a good thing.
In the spring we normally get a budget, which is always higher than the last budget. In the fall we normally get a debt ceiling increase (74 since March 1962) because we could not stay within the budget increase. We raise it every year to accommodate our need for a “fix.” Congress sadly never says no. Does anyone really believe that our debt-addicted government will ever stop the addiction on its own?
Fully a third of our population do not earn all their bread by the sweat of their brow but vote to get the government to take it from someone else’s labor and give to them. We are told that those receiving food stamps are now a third of our population having doubled under President Obama’s watch.
Yes, we have a two-class society—those primarily taking, others primarily maker. Takers will always vote for the party and politicians who promise them more. When that number exceeds 51 percent we will never escape the takers and will have effectively made the making class the new slaves. Some believe takers are close to becoming the majority. Of course some taking groups are necessary as is the military.
Generally in previous “shutdowns” the political parties often reverse position and trade the speeches used in the previous “shutdown.” But the outcome is always the same. The Federal government put non-essential government workers on furlough and suspends non-essential services. Essentially all went on as before except some paychecks were a few days late. Apparently the federal government does know what non-essential services are after all, and is capable of closing them when it has the will.
But nobody this time is warning us: that the increased expenditures add to the national debt, that interest on it increases $5,849 per second, that interest annually increases it by $184 ½ billion, that debt as a percentage of GDP in 106.48%, that each citizen would have to pay $63,191 today to pay that off, and that we are on a fast track to bankruptcy (nationaldebtclocks.org). Our spending addiction has given our children and grandchildren a 20 ½ trillion dollar debt. I like government “shutdowns” because they lessen the national debt and reduce big government by reducing non-essential governmental employment. I lived through all 19 “shutdowns” and only knew one family affected with a delayed paycheck.
Granted it is painful to curb our appetite, but the longer we wait the more painful, drastic, and life threatening it becomes. Most of the programs cut in the “shutdowns,” were not areas of clear constitutional authority as defined in Article I, Section 8 of the Constitution, so in time such cuts should become permanent or be subjected to the Article V amending process for appropriate authority. With virtually no exceptions getting back to the limits of the Constitution is the only way to deal with our bi-partisan debt addiction.
A budget must always first involve the House of Representatives, as it alone constitutionally must initiate all government spending. “All bills for raising revenue shall originate in the House of Representatives” (Article I, Sec. 7, Clause 1). This places the people in charge of taxation, and thus spending, because the House is designed to represent the people and initially the Senate was to represent only the states view—this is why we have two legislative branches. The Senate cannot initiate a tax bill but can adjust any initiated by the House.
The hysteria peddlers using government shutdown terminology, and the media that purposely play to it, must know this emits an extreme emotional response. Moreover, the phrase becomes a weapon to be used on potential government “shutdowners.” It appears designed to frighten the least informed against the other political party, thus the terminology. This enables the media to have undue influence in spending and undermines the sole power of the House on this issue.
Why then the hysteria? Because the possibility of missed handouts by a “shutdown” sends the largely dependent or ill informed into frenzy as they oppose any proposed government diet that might threaten their daily feed. They worshipfully listen to the party and political leaders that are least likely to disturb the gift giving.
There will never be a government “shutdown” short of an overthrow of the government from within, the collapse of our financial structure (which is becoming ever more likely due to our obsession to live beyond our means), or a successful invasion from without. So cease the media frenzy and subsequent over-reaction.
Thus at worst a government “shutdown” is really only a government slowdown or closure of non-essential services and a delay of payment for some few federal employees. So the federal government goes on a long overdue diet and gets back to the basics, which is what most want.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Jan 15, 2018 | Constitution, Liberty Articles
By Harold Pease, Ph. D
Some think that the Bundy’s got off scot-free when U.S. District Judge Gloria Navarro dismissed cases against Cliven and sons Ammon and Ryan and co-defendant Ryan Payne and accused their prosecutors, the government, of willfully withholding evidence from Bundy lawyers in violation of the federal Brady rule thus denying them due process. She referred to it as “flagrant prosecutorial misconduct” and set the defendants free “with prejudice” preventing the government from trying them again on this case.
Navarro was referring to some 3,300 pages of evidence showing, among other things, government surveillance of the Bundy’s on the ranch days before the standoff and FBI logs documenting their activity at the ranch in the days prior to, both supporting the Bundy claim of self-defense. The governments having tactical teams and multiple video cameras positioned around the ranch certainly justifies this argument. Also excluded were records showing the presence of government snipers (https://www.youtube.com/watch?v=90LtLwXXnp4) during the standoff necessitating some few Bundy supporters, taking positions with their rifles aimed at the snipers should agents open on the Bundy’s.
So what price did the Bundy’s pay for defending the Constitution and freedom? Cliven Bundy certainly felt it high: “I have been a political prisoner for more than 700 days.” Let’s review the story of Bundy justice.
Ranchers throughout the West had been grazing their cattle on open land for centuries before the land was made territories in a process emanating from the Articles of Confederation preparatory for statehood when population requirements, defined by the Northwest Ordinance of 1787, were met. Once met land within a state boundary belonged to the new state. Under the Constitution there exists no provision for federal land within state boundaries outside Article I, Section 8, thus no federal Bureau of Land Management (BLM). This is the constitutional and Bundy position. The federal government found it profitable to withhold 87.7% of Nevada from the state and THEIR federal courts justified this position. The Bundy’s did not, and continued to graze their cattle where their forefathers had always grazed them without paying federal fees.
The BLM began to slaughter and bury Bundy cattle and confiscated hundreds more to sell to pay the federal fees. They also placed numerous FBI and BLM agents on Bundy property without their permission to watch family movements. Word got out and hundreds arrived to aid the Bundy’s in keeping their cattle. Agents created First Amendment areas for those opposing their actions and some few voicing it in non-designated areas were thrown to the ground, Tased, and threatened with arrest. The alarm went out. The cattle were released when armed neighbors and friends, some from out of state, outnumbered agents.
Next Ammon and Ryan Bundy assisted Oregonians in their land issues the federal government claiming 52.6% of their land. In particular the Hammond’s, who also suffered abuse by the BLM when a fire on their property accidentally burned adjacent BLM land. The Hammond’s served time for the fire than a year later were rearrested by federal agents when a federal judge concluded that they had not served enough time—double jeopardy. Bundy boys participated in the 40-day take-over of the then vacant Malheur National Wildlife Refuge facility in protest.
While driving to Burns, Oregon to negotiate with agents with a view of mitigating the occupation the truck driven by Lavoy Finicum was fired upon. Ryan was wounded in the arm, and Finicum exited the truck with his hands up, was shot three times in the back and killed. The three passengers endured almost five minutes of gunfire before they were allowed to exit, believing that agents also would kill them. A recording inside the truck records occupants begging God to save them (https://www.youtube.com/watch?v=pLIUDBrU9Cs).
Eight months later in a Portland jail cell Ryan was awaken at 5:30 a.m. and taken to a “secret” hearing in the basement, no time to contact his lawyer. On the way he was beaten by three guards suffering a dislocated wrist, broken thumb, and head bruised and cut open. Presumably the prosecution wanted the evidence of the bullet received while Ryan was approaching the FBI roadblock removed, with no witnesses other than themselves, they could contest the vehicle being fired upon prior to the roadblock. According to Ryan’s wife Angie, they would not allow pictures of the procedure and no paperwork regarding the removal would be given him. His refusal to agree to the “secret surgery” was the probable reason for the beating. In October 27, 2016 the Bundy boys were acquitted of all charges with respect to the Wildlife Refuge facility occupation but the killing of Finicum remains outstanding.
Finally Bundy justice must include the cost of litigation, presumably thousands, and prison time already served for several of at least a year and a half. The separation from family and friends and the cost of motel, travel, and meals for the family to see their incarcerated husbands and fathers weighs in somewhere. And, how does one put a number on the emotional price all participants paid until January 8 thinking that family members and friends are more likely to be incarcerated the rest of their lives than not. I told Ryan that I am willing to write about freedom and the Constitution, even suffer to some extent, but he was beat up, wounded, and risked being locked up for decades for it.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Jan 1, 2018 | Constitution
By Harold Pease, Ph. D
In jury after jury but few of the hundreds engaged in what has been dubbed the Battle of Bunkerville have been prosecuted in a historic confrontation between the federal government and its citizens over western land. A confrontation which at its peak had government snipers aimed at the unarmed Bundy family, and friends of the Bundy’s, coming from points as far away as New Hampshire and Florida, some few of these had their rifles aimed at the government snipers. Had the government not backed down it could have resulted in a nasty blood bath with many more throughout the West ready to aid the family.
Three trials were held in 2017, the first in April ended in a mistrial, another in July had mostly acquittals, and a third in November on ringleaders Cliven Bundy and his two sons Ammon and Ryan and a co-defendant Ryan Payne, ending in another mistrial. The most recent was complicated by the government’s withholding 3,000 pages of evidence, some showing the involvement of the FBI in the standoff at the ranch and others the disparity between government sources on the threat assessment, one showing the Bundy’s to be nonviolent.
To further complicate the issue Ammon and Ryan Bundy had also been acquitted of federal conspiracy and weapons charges stemming from an armed, 40-day occupation of the Malheur National Wildlife Refuge in Oregon the year before.
Why can’t the government get prosecutions? Bundy arguments brought focus to three concerns: federal land within a sovereign state, the Constitution, and what is known as Jury Nullification.
Juries are made of citizens who have to wonder why the federal government owns 87.7% of Nevada leaving private ownership of the state at but 12.3%. The percentage of land owned by government exceeds fifty percent in Alaska (98.5), Idaho (63.8), Oregon (52.6), and Utah (63.6). Basically the federal government did not give western states all their land when they qualified for statehood. States were so excited to get coveted statehood that they went along with the conditions despite the confiscation of, for most in the West, at least a third of their land. States want their confiscated land returned, so as to be on equal footing with 19 sister states that actually own their land.
The Revolutionary War doubled the size of the country. The federal government under the Articles of Confederation, Northwest Ordinance of 1787, was to manage non-state lands until such lands met the qualifications of statehood thereafter to be managed by the new state. This process was retained under the new Constitution in Article IV, Section 3 and was to be modeled throughout the West.
In Article I, Section 8 of the new Constitution, the federal government was permitted to have but 10 square miles for a federal capital. The only other land that they could acquire had to be for military purposes as specified in the common defense clause of the Constitution, Article I, Section 8, Clause 17 which reads: “and to exercise like Authority over all places purchased by the Consent of the Legislature of the State in which the same shall be for the Erection of Forts, Magazines, Arsenals, dock Yards, and other needful Buildings.”
Any new acquisition, outside the capital, had (1) to be purchased, (2) have the consent of the State Legislature where the land exists, (3) and be for military purposes. None of these constitutional requirements were met with respect to any of the states cited above although some military bases do exist in most of them. Nor have there been any additional amendments to the Constitution authorizing additional federal ownership of land as required for any additional federal power. Constitutionally there exists no federal land or Bureau of Land Management or even federal public land.
Jury nullification is the long-standing practice of ignoring the instructions of the judge when those instructions appear to be one-sided or to be against common sense, sometimes referred to as “lived experience.” When jurists, on their own, even when excluded from “approved” testimony, come to realize that Nevada only owns 12.3% of itself, they realize this is neither reasonable nor common sense. Some may have read the Constitution and know of its clarity on land distribution. Some few know that in the distribution of power between federal and state entities federal judges almost always advocate the extension of federal power—they are the strongest advocates for it—and thus tend to shape the decision by what they allow the juries to consider.
When Judge Gloria M. Navarro, who presided over the two mistrials, refused to allow issues running up to the standoff, or the constitutional arguments, especially defense and free speech issues, to have relevance in this case and was so dictatorial with respect to what jurors could use to base their decision, seemingly favoring the prosecution, she turned jurists off, hence jury nullification. It did not help the federal case when none of the Bundy’s brandished an assault weapon, or themselves appeared threatening to federal officials, or had any history of violence.
Both sides have until December 29 to make their cases for or against a new trial. If reconsideration is favored Judge Navarro has set a new trial date for February 26, 2018. She is advised to let the issue stand as is, lest she risk yet a fourth jury nullification.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
Dec 18, 2017 | Constitution, Liberty Articles
By Harold Pease, Ph. D
According to the media members of Congress of both major political parties are dropping like flies to a fly-swatter in a barn: Senator Al Franken, Congressmen John Conyers, Ruben Kihuen, Blake Farenthold, Joe Barton, Trent Franks, Alcee Hastings, in the last 30 days. All are accused of sexually abusing women, some recent, some years ago. The Constitution deals with misbehaving members of Congress when followed fully.
Unfortunately with the disclosure of these seven also came the exposure of the existence of a secret funding source for members of Congress accused of sexual harassment and other work-place discretions created under the Congressional Review Act of 1995. Since 1997, the fund has paid at least $15 million to settle complaints. Congressman Blake Farenthold is the first member of Congress confirmed to have benefited from it receiving $84,000 in taxpayer dollars in 2014 to settle a sexual harassment lawsuit with a former aide. We will have many other disclosures to rise to the expenditure of $15 million. A fund to potentially hide immoral, possibly illegal, activities is completely unconstitutional. It also removes a deterrent to transgression.
So how does the Constitution deal with misbehaving members of Congress? It begins with the morality of the electorate. John Adams, a Founding Father and 2nd president of the United States, identified the first principle of a republic where a king does not dictate good or evil, but the participants in that government bridle their “human passions” through “morality and religion.” left unbridled, he said, they “would break the strongest cords of our Constitution.” He ended a lengthy paragraph on the topic with, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
At least nine other Founders expressed similar opinions. George Washington in his “Farewell Address” wrote: “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports . . . And let us with caution indulge the supposition that morality can be maintained without religion.”
In their time none denied the relationship between morality, religion, God and justice. When morality is situational, as it seems to be for so many today, this link is broken and one depends upon his own wisdom alone. There is no “appealing to the Father of lights to illuminate our understanding,” as expressed by Benjamin Franklin in the Constitutional Convention. As Washington once said, “Government is like fire, a dangerous servant and a fearful master.” Unprincipled government can do much damage as it has to the Constitution for years.
We expect those we elect to govern to have strong moral fiber and to have their human passions fully bridled. If they are still struggling with the base, hedonistic, animalistic and adulterous elements of themselves, such as is reported of these members of Congress, how can we expect them to make laws for the people based upon righteousness and justice? How can they discern such?
So the first constitutional principle is the election of persons to govern who demonstrate moral fiber. Moral bankruptcy usually starts long before one is a member of Congress. Al Franken demonstrated this by his choice of material as a professional comedian. Women complained of the sexually abusive behavior of John Conyers decades ago. Once this is known and confirmed, he should not be reelected. When the people themselves are morally bankrupt and do not care about the philandering of their favorite, as in the second election of President Bill Clinton, then such, as Adams said, breaks “the strongest cords of our Constitution.” Returning to the principle of electing only those with strong moral fiber, and zero tolerance for those who do not, will eliminate most, if not all, predatory behavior in Congress.
Once manifested two parts of the Constitution come into play to isolate the damage. Each House is to be the judge “of the Elections, Returns and Qualification of its own Members” making certain that it is the will of voters and that will was fairly derived (Article I, Section 5, Clause 1). But neither House can constitutionally rejudge behavior that is known to voters addressed during the campaign after the expression of the people, should any of the seven run and win in 2018.
Also, each House may “punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member” (Article I, Section 5, Clause 2). In this they deal with behavior occurring after being seated such as sexual harassment. So let the Ethics Committee of both houses deal with the accused.
But the Constitution has one more check. At least six of the seven accused of sexual abuse face their constituents in eleven months to be judged by them and reseated or not. Their best behavior is likely pending that outcome. Let these two constitutional filters do their work not media trials that only serve the vengeful and are too politicized to be fair.
If the above does not end predatory sexual behavior in Congress the Constitution can be said to be broken, as Adams said, at least on curbing immorality of its leaders. The disclosures are serious; still, we need to be reminded that there are 535 members of Congress and most bridle their “human passions” but the seven, who presumably do not, are seven too many.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly columns, please visit www.LibertyUnderFire.org.
Dec 11, 2017 | Constitution, Liberty Articles
By Harold Pease, Ph. D
“Some people think that the natural resources of Utah should be controlled by a small handful of very distant bureaucrats located in Washington,” President Donald Trump said, speaking at Utah’s State Capitol Dec 3, 2017. “And guess what? They’re wrong.” He then reduced two national monuments in Utah, one the Grand Staircase-Escalante by 50%, created by Bill Clinton in 1996, the other, The Bears Ears by 85%, created by Barack Obama less than a year ago, both land grabs highly unpopular with Utah congressional delegates.
The cut of two million acres in Utah monuments alone is the largest in the nation’s history. These cuts may open a new era as 27 other monuments may be on the down size agenda in coming months or years reducing the trend of previous presidents to gobble up enormous tracts of largely western land. The Federal government already owns 63.6% of Utah and elected government officials want to manage their own land, like states east of the Mississippi. Indeed, the federal government claims to own a third of all the landmass in the United States (Inventory Report on Real Property Owned by the United States Throughout the World, published by the General Services Administration, page 10).
Presidents designating national monuments for the last 40 years ranked on number follow: Obama 26, Clinton 19, Carter 15, G. W. Bush 6, Reagan and George Bush 0 (Department of the Interior, Quartz). Those restricting land use the most in millions of acres were: Obama 553.5m, G. W. Bush 218.8m, Carter 56m and Clinton 5.7m. All presidents previous to Carter were 3 million or less. In other words, the top three land grabbers: Obama, G. W. Bush and Clinton each set aside more land than all previous presidents before them combined. At this rate of acceleration one can easily see that in a few short decades the president could own or control every acre in America (National Parks Conservation Association). At the very least one can say that Trump has potentially stopped the acceleration.
A big issue is the constitutionality of further restricting land use mostly of campers, bikers and hikers. It also restricts hunting, fishing, horseback riding and off-road vehicle usage, by the signature of one man only. Outside of managing land as a territory until statehood is obtained (Article 4, Section. 3, Clause 2), the Constitution gives little power to the federal government to do so.
The Founders understood that the size of land holding was proportionally related to the perceived size of the federal government and they intentionally wanted that perception small. The federal government was permitted to have but 10 square miles for a federal capital. The only other land that they could acquire had to be for military purposes as specified in the common defense clause of the Constitution, Article I, Section 8, Clause 17 which reads: “and to exercise like Authority over all places purchased by the Consent of the Legislature of the State in which the same shall be for the Erection of Forts, Magazines, Arsenals, dock Yards, and other needful Buildings.” Any new acquisition had (1) to be purchased, (2) have the consent of the State Legislature where the land exists, (3) and be for military purposes.
As all land acquisition powers are in Article I of the Constitution with the legislative branch, the president was left out of the process. None of these constitutional requirements were met with respect to any of the national monuments acquired and Teddy Roosevelt used a mere law, the Antiquities Act of 1903, to trump the Constitution, the supreme law of the land. None were purchased, none received the consent of the State Legislature, and none are used exclusively for military purposes. Nor has there been an additional amendment to the Constitution authorizing additional federal ownership of land as required by Article V for any additional federal power. Constitutionally there exists no federal land, or Bureau of Land Management, or even public land.
One might argue that most, if not all, of the monuments were already on federal land having been acquired when the federal government refused to give to new states all the land that went with statehood when they transitioned from territorial status. That is true. The federal government through this process came to own about a third of the United States. That late 19th Century leaders fraudulently acquired the property in the first place, it does not follow that present leaders should expand on the fraudulency.
Constitutionally all land within state boundaries, unless acquired through the three stipulations noted in the Constitution, belong to the states—no exceptions. That the federal government has created national monuments unconstitutionally on what are state lands, or that both political parties have ignored this part of the Constitution for over a hundred years, does not make federal confiscation now constitutional.
Although President Trump claimed no constitutional grounds for his downsizing precedent, he should. His cited reason, that the natural resources of Utah should not be “controlled by a small handful of very distant bureaucrats located in Washington” is basic to the collective view of the Founding Fathers that federal powers be limited and specifically listed in the Constitution or in an amendment to it, was supported by all signing it. And should be today by all swearing an oath to preserve it.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.
