Please remember that the Supreme Court has reversed more than 150 of earlier Supreme Court decisions on natural law. Is that what you would consider as someone being consistent and reliable in interpreting the Constitution?
The Resolution of 1780, "the federal trust respecting public lands obligated the united States to extinguish both their governmental jurisdiction and their title to land that achieved statehood."
In the Constitutional Convention of 1787, The Charter of Liberty contained these words, "The new Federal Government is an agent serving the states.", "The delegated powers are few and defined", "All powers not listed are retained by the states or the people", "The Resolution of 1780 formed the basis upon which Congress was required to dispose of territorial and public lands", "All laws shall be made by the Congress of the United States". (not agency bureaucrats!)
That should be sufficient for you to determine who all public lands belong to, hint - NOT the Federal Government!
"The Constitution is a written instrument. As such, it's meaning does not alter. That which it meant when adopted. it means now". So said the Supreme Court in South Carolina v United States in 1905
Articles of Confederation, Article VI, clause 1 All engagements entered into before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. In Article IX "... no State shall be deprived of territory for the benefit of the United States."
Formation of a "more perfect union" does not absolve that union of prior engagements, including those obligations establish by the resolution of 1780 and the Articles of Confederation.
Our government system is established by compact, not between the Government and the State Governments but between the States as Sovereign Communities. By James Madison 1821 (This is what make the County Sheriffs the highest law enforcement officer in that County and gives him/her the authority to tell the BLM, the FBI or any other Federal Agency to get out of the County or they will be arrested and jailed.)
What I have written here is but a short piece of the process that the Founder went through to establish our Constitution and system of government.
Please view these videos and see if they don't change your mind about whether or not Cliven Bundy is in the wrong by defying the BLM.
1of3 Stephen Pratt speaking to Sheriffs at WSSA conference
2of3 Stephen Pratt speaking to Sheriffs at WSSA conference
3of3 Stephen Pratt speaking to Sheriffs at WSSA conference
Here's one that shows why the Sheriff of Clark County is duty bound to keep the BLM and all Federal agents from arresting Cliven Bundy.
Oh...I understand all that.
My comment though was to provoke the idea that the BLM (federal government) is behaving way outside the scope of court law and instead opting to use ‘the point of a gun.’
Whether one is an armchair lawyer like Reid or an active Patriot, it should be abhorrent to all citizens that the government is opting to use ‘the gun’ to ‘collect fee’s/taxes.’
What I do think many conservatives are missing in regards to these confiscations in Nevada and New Mexico etc. is the progressive control of the food chain. History teaches us that communists, fascists etc. exert control over the food chain. Historically it has been by collectivization of farms and ranches. But, you cannot get away with that here in America, so what do they think they can control...access to grazing land and confiscation of cattle due to trespass. Now, consider for a moment the sky rocketing prices of beef and pork due to the harsh winter and porcine disease. Why in heaven’s name would a benevolent government confiscate cattle and destroy them in a mass grave? Why would grazing be outlawed? Why would all this be done at the point of a gun?
I contend this is being done to begin to exert control over the food supply. Recall last summer the odd bill passed in congress and signed into law regarding farming and how the federal government can control farming down to your backyard garden! Do not dare share your food with a neighbor or sell it at a local farm market unless you meet the government standards.
Control over access to healthcare...done.
We’ve seen incremental and progressive control all these decades over the ranchers, now the are pushing.
Are we arriving too late to this fight, now that many of us have our eyes wide open let’s hope not. But one cannot argue the law with a government that doesn’t recognize their very own law and instead chooses to use ‘the point of a gun,’ to get what they want.
Mao Zedong: Every Communist must grasp the truth: Political power grows out of the barrel of a gun.