OVERVIEW OF THE SITUATION
- The occupiers are of the religion L.D.S. (IE. Mormon) who are well known for their non-criminal and peaceful nature. While their religious headquarters do not endorse their armed occupation they remain active in the church.
- The occupational protest was ignited by two ranchers (Hammond’s) who were prosecuted, sentenced and then later re-sentenced; upon charges of a back-burn used to save their ranch and home from an on-coming wildfire that burned into federal land.
- The demands of the occupying protesters are that federal land be handed over to the state and the Hammond ranchers are released from prison.
LEGALITY BASIS OF THE LAND DEMANDS
- The protesting occupiers claim federal land ownership for land preservation is not authorized by the U.S. Constitution by any enumerated power (IE. The Constitutional powers granted to the U.S. Government).
- Protesters use Article 1, Section 8, Clause 17
- The Constitutional argument can be reviewed here:
- Which reads, “(5) However, land acquired—through, for example, the Treaty Power—may be held only for enumerated purposes. Land not needed for such purposes must be disposed of within a reasonable time. The federal government should have disposed of BLM grazing land long ago.”
WHICH LEADS TO — HOW THE WEST LOST ITS LAND
- The U.S. conquered the territory and residents joined the U.S. through State Enabling Acts
that state “disclaim right to all unappropriated lands”
- The U.S. under trust was to setup the state republic and extenquish those lands back
to the state.
- http://www.heritage.org/constitution/#!/articles/4/essays/127/claims“to whom of right belonged the vacant territory appertaining to the crown at the time of the revolution, whether to the states, within whose charter territory it was situated, or to the Union in its federative capacity” was “a subject of long and ardent controversy, and…threatened to disturb the peace, if not to overthrow the government of the Union.” To avert a potential crisis, Madison successfully proposed that the Convention should be “neutral and fair” and “ought to go farther and declare that the claims of particular States also should not be affected.”
- The U.S. failed to extinguish those lands and is now blatantly holding them hostage
“WHEREAS, the United States Supreme Court has affirmed that the federal government must honor its trust obligation to extinguish title to the public lands for the sovereignty of the new state to be complete.” (pg 3 line 4)
State Legislature Requesting land that has passed into State Law
State Legislature Requesting land wither passed or failed
NON-LEGISLATIVE SUPPORT OF WEST GETTING THEIR LAND
- Greg Walden R-Oregon Congressional Speeches
- Tennessee passes resolution bill