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PostPosted: Thu Apr 17, 2014 10:50 am 
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Stathol wrote:
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If there's a power to dispose of and regulate Federal property, there obviously must be a means to acquire it in the first place, or the power would be utterly superfluous.

Congress is empowered to acquire land for the federal seat, so it does have a means of acquiring land, but only for a narrow case. Additionally (and more importantly), there were considerable territorial holdings from the French and Indian war already in existence at the adoption of the Constitution. The whole thrust of Article IV, Section 3 is determining who gets to decide what should be done with these territories. Short answer: Congress will be in charge in charge of regulating the territories until they decide to either dispose of them or carve new states out of them. None of that implies that they can acquire completely new territories.


As pointed out, conquest is a foreseeable result of war, and Congress is empowered to make treaties. Either could result in the acquisition of new land, and neither contains any restriction in that regard. The power to create treaties necessarily includes the power to purchase or take control of additional land, both as a result of a treaty ending war and because that's one of the major reasons for treaties to exist in general - especially at the time, when conquest did not have the negative connotations of today. Elmo, once again, is imposing his own isolationist libertarian ideals on the thoughts of the founders (as if they all had one unified thought process in the first place) but the simple fact is that A) you can't on the one hand argue linguistic exactness, then flip over to "but this is what they REALLY meant" as soon as its convenient and B) there's no reason to think the Founders had thoughts that magically conform to rose-colored modern views of them whether those views are isolationist, libertarian, or anything else, any more than we should idealize them as paragons of freedom and overlook things like the 3/5 compromise. Elmo, once again, is simply claiming for himself the authority to tell everyone else what the Constitution means, which is exactly what he wants it to mean in any circumstance, then claim he's "not interpreting" it. He's no different from Bery telling everyone else here what the Bible means in that regard.

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And thus have no reason to complain of lack of Constitutional protection. Really, if we're going to interpret the Constitution in such a way as to make almost the entire country illegal, there's no point in even having it, or complaining about it. It's very easy to sit back say "oh yeah, we should definitely go with an interpretation that takes us back to 180#!" knowing full well this isn't going to happen, just to be self-righteous on the internet in one's Constitutional orthodoxy.

Is there a reason you're being so hostile?


Because being hostile to the advocation of a totally untenable position, knowing it isn't going to come about and therefore allowing obstinate denial of the consequences that are clear from even a cursory thought experiment is a problem now?

That wasn't directed at you; my reference to 1803 meant "taking us back to the point right before the purchase you cited was made". I actually found your post to be accurate, insightful, reasonable, and generally remeniscient of the Stathol I remember from several years ago. Is there a reason that particular hostility, which is clearly directed at a position, and not a person is an issue for you as opposed to all the OTHER hostility around here?

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PostPosted: Thu Apr 17, 2014 11:16 am 
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Elmarnieh wrote:
Treaties which cannot trump the Constitution. Since the Federal government was granted no authority to purchase land...

Come on this isn't even hard RD. Its a logical application of the written text (in our shared language even).


Here is some information on the propsed amendment: http://billofrightsinstitute.org/resour ... -purchase/
http://www.monticello.org/site/jefferso ... a-purchase


Your sources don't support your conclusion. Certainly not to the point where "it's not hard".

From your first link, here's the summary:

[quoteThomas Jefferson had always feared the costs of loose construction of the powers delegated to the national government in the Constitution, and the Constitution was silent about acquiring lands from other countries. Jefferson urged bringing the issue to the people to approve with a constitutional amendment, but Congress disregarded his draft amendments. The Senate ratified the Louisiana Purchase Treaty in October of 1803. While Jefferson did his best to follow what he believed was proper constitutional procedure, not enough of his contemporaries agreed with him and he eventually assented.[/quote]

Basically, this says the following:

1) the Constitution is unclear on acquiring lands from other countries.
2) Jefferson believed the authority to make the purchases was questionable (+1 for Elmo)
3) Most everyone else did not believe the authority was questionable (-many for Elmo :()

Therefore, we can, at a minimum, conclude that it's not as straight forward as you claim. We can also see that the issue has been debated for 215 years, and your position has been found lacking at every turn.


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PostPosted: Thu Apr 17, 2014 11:38 am 
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RangerDave wrote:
Elmarnieh wrote:
I doubt they did. Indian "conquest" wasn't really a thing till after the LP when the idea that coast to coast could be the nation. Indian's were sometimes allies sometimes enemies sometimes neighbors in the time period of the founders.

Huh. I guess all the Indians living in the original 13 colonies just gave up their lands willingly then.


Non-sequitor.

Those colonies were already seperate entities claiming ownership of land within their borders when they became states.

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PostPosted: Thu Apr 17, 2014 11:40 am 
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RangerDave wrote:
Elmarnieh wrote:
RangerDave wrote:
Elmarnieh wrote:
Jefferson knew he had no Constitutional authority to make the purchase that he introduced an amendment to allow the purchase. After struggling to get it through he just went and did it because he figured it was an opportunity too good to pass up. He never thought he had the authority to do it legally though.

Citation please. It was a treaty, and he absolutely did have the Constitutional authority to enter into treaties (subject to ratification, of course).

Treaties which cannot trump the Constitution. Since the Federal government was granted no authority to purchase land...

So, your argument is that the Federal government cannot agree to do something by treaty that it is not expressly empowered to do under the Constitution? I'm not sure I agree. Certainly it can't perform treaty actions that violate a provision of the Constitution - e.g., if a treaty required the US to search every house in Cleveland without a warrant, it couldn't carry out that requirement thanks to the 4th Amendment. However, the Constitution doesn't restrict the federal government's actions abroad the same way it does domestically, so if the treaty required the US to search every house in Baghdad without a warrant, that would be fine from a 4th Amendment perspective. Similarly, while the US can't take ownership of a bunch of domestic land pursuant to a treaty without adhering to the takings clause of the 5th amendment, I'm not sure there'd be any such limitation with respect to foreign land.



How can you not agree. It states this very such thing in the Constitution when it talks about treaties.

Logically how can entity that gets authority from 1 source (the states) grant itself additional power from that source without that source's consent?


Look if another nation has X happen and there is part or whole of that nation that petitions to become a territory it can (no land at this point becomes owned by the Federal government) if that territory then wants to become a state it can (no land at this point becomes owned by the Federal government). Doesn't seem complicated to me but heyoooooooooo.

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PostPosted: Thu Apr 17, 2014 11:46 am 
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Because it isn't "granting additional power". It has nothing to do with "trumping" anything; we're not talking about a card game.

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PostPosted: Thu Apr 17, 2014 11:54 am 
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So if the power of land-acquisition and ownership lies with the states as Elmo contends, does that mean Montana can unilaterally annex Canada or another state?

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PostPosted: Thu Apr 17, 2014 11:56 am 
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Arathain Kelvar wrote:
Elmarnieh wrote:
Treaties which cannot trump the Constitution. Since the Federal government was granted no authority to purchase land...

Come on this isn't even hard RD. Its a logical application of the written text (in our shared language even).


Here is some information on the propsed amendment: http://billofrightsinstitute.org/resour ... -purchase/
http://www.monticello.org/site/jefferso ... a-purchase


Your sources don't support your conclusion. Certainly not to the point where "it's not hard".

From your first link, here's the summary:

[quoteThomas Jefferson had always feared the costs of loose construction of the powers delegated to the national government in the Constitution, and the Constitution was silent about acquiring lands from other countries. Jefferson urged bringing the issue to the people to approve with a constitutional amendment, but Congress disregarded his draft amendments. The Senate ratified the Louisiana Purchase Treaty in October of 1803. While Jefferson did his best to follow what he believed was proper constitutional procedure, not enough of his contemporaries agreed with him and he eventually assented.


Basically, this says the following:

1) the Constitution is unclear on acquiring lands from other countries.
2) Jefferson believed the authority to make the purchases was questionable (+1 for Elmo)
3) Most everyone else did not believe the authority was questionable (-many for Elmo :()

Therefore, we can, at a minimum, conclude that it's not as straight forward as you claim. We can also see that the issue has been debated for 215 years, and your position has been found lacking at every turn.[/quote]


So Jefferson one of the fundamental players of the creation of the government who had personal conversations with many many other founders saying the power was not explicit (and thus not there) is trumped by an appeal to popularity of people who all had personal interest in wanting it to happen (legislators and the population)?

Technically the issue was debated until it was bypassed 215 years ago and is now being debated now. It certainly has not been a point of contention throughout 215 years except rarely.

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PostPosted: Thu Apr 17, 2014 12:00 pm 
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Hopwin wrote:
So if the power of land-acquisition and ownership lies with the states as Elmo contends, does that mean Montana can unilaterally annex Canada or another state?



That would be a war which is given until the Federal government.

Ok lets try this again.

We have an expanonistic war that is declared by Congress.

We conquer Quebec. It can then become a territory and then apply to become a state. I assume once conquered that a state could say it is extending itself to take into that place.

I really don't think the Founders ever intended the US to gain states by military might. Thats more of a British Empire thing and we didn't like them at the time.

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PostPosted: Thu Apr 17, 2014 12:46 pm 
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Elmarnieh wrote:
So Jefferson one of the fundamental players of the creation of the government who had personal conversations with many many other founders saying the power was not explicit (and thus not there) is trumped by an appeal to popularity of people who all had personal interest in wanting it to happen (legislators and the population)?

Technically the issue was debated until it was bypassed 215 years ago and is now being debated now. It certainly has not been a point of contention throughout 215 years except rarely.


Disregarding the fact that Jefferson himself was inconsistent.. yes. The Constitution belongs to "We the People" and the States that represent them - which is where those legislators come from. It has notihng to do with it being "trumped", it has to do with Jefferson not being some sort of divine authority on the Constitution. He was one signatory- albeit a prominent one, and your preference for his views does not give him any final authority on how it is to be used.

It isn't "being trumped"; that's a juvenile term to use. It's a matter of recognizing that the writers of the document wrote it for the use and interpretation of those afterwards and have neither divine nor legal authority to tell us how to do so.

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PostPosted: Thu Apr 17, 2014 12:49 pm 
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The ultimate authority is the Constitution and how it doesn't give the power to the Federal government. I was simply using Jefferson as an illustration of an acknowledgment of that fact.

By all means continue to look for the mythical authorization you seek. It isn't my time you'll waste.

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PostPosted: Thu Apr 17, 2014 1:01 pm 
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Elmarnieh wrote:
So Jefferson one of the fundamental players of the creation of the government who had personal conversations with many many other founders saying the power was not explicit (and thus not there) is trumped by an appeal to popularity of people who all had personal interest in wanting it to happen (legislators and the population)?


So, you're saying on constitutional matters you prefer an appeal to authority over an appeal to popularity? "We the people" disagree.


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PostPosted: Thu Apr 17, 2014 1:05 pm 
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Elmarnieh wrote:
The ultimate authority is the Constitution and how it doesn't give the power to the Federal government. I was simply using Jefferson as an illustration of an acknowledgment of that fact.

By all means continue to look for the mythical authorization you seek. It isn't my time you'll waste.


Sorry, bubba, but saying it's the ultimate authority is tautological. Duh. We know that. What's being discussed is the interpretation and application of that. That is driven by the desire and will of the people and states that authority comes from.

Unfortunately for you I have all the authorization I need in the form of what actually happened. You don't; you only have your desire to fit a theoretical model that is only important for its own sake.

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PostPosted: Thu Apr 17, 2014 1:08 pm 
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Elmarnieh wrote:
RangerDave wrote:
So, your argument is that the Federal government cannot agree to do something by treaty that it is not expressly empowered to do under the Constitution? I'm not sure I agree.

How can you not agree. It states this very such thing in the Constitution when it talks about treaties.

It states what thing when it talks about treaties? All the Constitution says is that the President has the power to enter into treaties (with the advice and consent of the Senate). And, incidentally, the Supreme Court rejected your argument in 1920 (See, Missouri v. Holland)

Elmarnieh wrote:
Logically how can entity that gets authority from 1 source (the states) grant itself additional power from that source without that source's consent?

That's not what's happening. The states/people granted to the federal government the power to enter into treaties and to make war, both of which often involve the acquisition and/or loss of territory. The Louisiana Purchase was an exercise of the treaty power, and the acquisition of Nevada was an exercise of both the treaty power and the war-making power.


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PostPosted: Thu Apr 17, 2014 1:08 pm 
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Arathain Kelvar wrote:
So, you're saying on constitutional matters you prefer an appeal to authority over an appeal to popularity? "We the people" disagree.

Zing!


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PostPosted: Thu Apr 17, 2014 1:14 pm 
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Diamondeye wrote:
Elmarnieh wrote:
So Jefferson one of the fundamental players of the creation of the government who had personal conversations with many many other founders saying the power was not explicit (and thus not there) is trumped by an appeal to popularity of people who all had personal interest in wanting it to happen (legislators and the population)?

Technically the issue was debated until it was bypassed 215 years ago and is now being debated now. It certainly has not been a point of contention throughout 215 years except rarely.


Disregarding the fact that Jefferson himself was inconsistent.. yes. The Constitution belongs to "We the People" and the States that represent them - which is where those legislators come from. It has notihng to do with it being "trumped", it has to do with Jefferson not being some sort of divine authority on the Constitution. He was one signatory- albeit a prominent one, and your preference for his views does not give him any final authority on how it is to be used.

It isn't "being trumped"; that's a juvenile term to use. It's a matter of recognizing that the writers of the document wrote it for the use and interpretation of those afterwards and have neither divine nor legal authority to tell us how to do so.

Well plus the fact that he acquired land for the Federal Government personally would tend to indicate he did not believe it was outside the scope of powers established within the Constitution...

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PostPosted: Thu Apr 17, 2014 1:20 pm 
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Elmarnieh wrote:
Hopwin wrote:
So if the power of land-acquisition and ownership lies with the states as Elmo contends, does that mean Montana can unilaterally annex Canada or another state?



That would be a war which is given until the Federal government.

Ok lets try this again.

We have an expanonistic war that is declared by Congress.

We conquer Quebec. It can then become a territory and then apply to become a state. I assume once conquered that a state could say it is extending itself to take into that place.

So you are saying the Federal Government can acquire land through conquest.

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PostPosted: Fri Apr 18, 2014 7:00 am 
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RangerDave wrote:
Elmarnieh wrote:
RangerDave wrote:
So, your argument is that the Federal government cannot agree to do something by treaty that it is not expressly empowered to do under the Constitution? I'm not sure I agree.

How can you not agree. It states this very such thing in the Constitution when it talks about treaties.

It states what thing when it talks about treaties? All the Constitution says is that the President has the power to enter into treaties (with the advice and consent of the Senate). And, incidentally, the Supreme Court rejected your argument in 1920 (See, Missouri v. Holland)

Elmarnieh wrote:
Logically how can entity that gets authority from 1 source (the states) grant itself additional power from that source without that source's consent?

That's not what's happening. The states/people granted to the federal government the power to enter into treaties and to make war, both of which often involve the acquisition and/or loss of territory. The Louisiana Purchase was an exercise of the treaty power, and the acquisition of Nevada was an exercise of both the treaty power and the war-making power.



Again treaties can't have the federal government do anything it isn't already empowered to do so - so sayeth the part of the Constitution that grants the treaty power. If states want the Federal government to be able to own land in their states otherwise than what is currently empowered to it, they can try to pass an amendment to that end.

Wars don't always mean conquered territory. This is like the third time on this merry-go-round.

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PostPosted: Fri Apr 18, 2014 7:02 am 
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Arathain Kelvar wrote:
Elmarnieh wrote:
So Jefferson one of the fundamental players of the creation of the government who had personal conversations with many many other founders saying the power was not explicit (and thus not there) is trumped by an appeal to popularity of people who all had personal interest in wanting it to happen (legislators and the population)?


So, you're saying on constitutional matters you prefer an appeal to authority over an appeal to popularity? "We the people" disagree.



No. I prefer appeal to relevant documentation's words. The actual law. Which happens to be entirely on my side for this, as I said I was simply using Jefferson as an example of people heavily involved in the founding of the nation knowing full well the limits of the powers of the federal government in a case where they were head of one.

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PostPosted: Fri Apr 18, 2014 7:03 am 
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Hopwin wrote:
Elmarnieh wrote:
Hopwin wrote:
So if the power of land-acquisition and ownership lies with the states as Elmo contends, does that mean Montana can unilaterally annex Canada or another state?



That would be a war which is given until the Federal government.

Ok lets try this again.

We have an expanonistic war that is declared by Congress.

We conquer Quebec. It can then become a territory and then apply to become a state. I assume once conquered that a state could say it is extending itself to take into that place.

So you are saying the Federal Government can acquire land through conquest.



No because the Federal government doesn't own states. Do you think the Federal government owns states Hopwin?

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PostPosted: Fri Apr 18, 2014 7:03 am 
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Hopwin wrote:
Diamondeye wrote:
Elmarnieh wrote:
So Jefferson one of the fundamental players of the creation of the government who had personal conversations with many many other founders saying the power was not explicit (and thus not there) is trumped by an appeal to popularity of people who all had personal interest in wanting it to happen (legislators and the population)?

Technically the issue was debated until it was bypassed 215 years ago and is now being debated now. It certainly has not been a point of contention throughout 215 years except rarely.


Disregarding the fact that Jefferson himself was inconsistent.. yes. The Constitution belongs to "We the People" and the States that represent them - which is where those legislators come from. It has notihng to do with it being "trumped", it has to do with Jefferson not being some sort of divine authority on the Constitution. He was one signatory- albeit a prominent one, and your preference for his views does not give him any final authority on how it is to be used.

It isn't "being trumped"; that's a juvenile term to use. It's a matter of recognizing that the writers of the document wrote it for the use and interpretation of those afterwards and have neither divine nor legal authority to tell us how to do so.

Well plus the fact that he acquired land for the Federal Government personally would tend to indicate he did not believe it was outside the scope of powers established within the Constitution...



Read my links. He absolutely did.

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PostPosted: Fri Apr 18, 2014 8:52 am 
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Elmarnieh wrote:
Hopwin wrote:
Diamondeye wrote:
Elmarnieh wrote:
So Jefferson one of the fundamental players of the creation of the government who had personal conversations with many many other founders saying the power was not explicit (and thus not there) is trumped by an appeal to popularity of people who all had personal interest in wanting it to happen (legislators and the population)?

Technically the issue was debated until it was bypassed 215 years ago and is now being debated now. It certainly has not been a point of contention throughout 215 years except rarely.


Disregarding the fact that Jefferson himself was inconsistent.. yes. The Constitution belongs to "We the People" and the States that represent them - which is where those legislators come from. It has notihng to do with it being "trumped", it has to do with Jefferson not being some sort of divine authority on the Constitution. He was one signatory- albeit a prominent one, and your preference for his views does not give him any final authority on how it is to be used.

It isn't "being trumped"; that's a juvenile term to use. It's a matter of recognizing that the writers of the document wrote it for the use and interpretation of those afterwards and have neither divine nor legal authority to tell us how to do so.

Well plus the fact that he acquired land for the Federal Government personally would tend to indicate he did not believe it was outside the scope of powers established within the Constitution...



Read my links. He absolutely did.


We did read your links. His behavior indicates that he did not. Even if he did think this and then just went and blatantly did the opposite, that doesn't help your case because it just indicates that Jefferson talked a good game but wasn't actually all that sure of his convictions. His behavior in other regards, such as slavery tends to reinforce this.

Furthermore, the Constitution is not on your side, especially not the part granting the power to make treaties. The power is granted to the President with no limitation whatsoever other than the consent of the Senate.

The limitation on treaties not superseding or contradicting the Constitution does not mean that any agreement in a treaty must fall under an overtly granted power in Article I; that would render the treaty power useless as the powers in Article I are for the internal management of the nation. Treaties are made with external entities. As long as a treaty does not attempt to explicitly contradict another provision, it is entirely within the government's power. Among the Constitution's greatest assets is its succinctness. Much is left to interpretation, such as what exactly is "reasonable" what is "necessary and proper" and what is "cruel" and your attempts to disregard inconvenient passages or dismiss them as nothing more than decorative are nothing more than proof of your inability to understand that you are the high priest of Constitutional meaning only in your own mind.

Furthermore, your claim to follow the actual wording of the law is hilariously bad seeing as you instantly retreat into appealing to the motivations of people that you mysteriously assume are all in lockstep with each other, and all mysteriously agree exactly with you. The level of historical dishonesty you are willing to engage in would be astonishing were it not for its consistency over the last decade. Your inability to see past human beings as actual human beings with disagreements, ambiguities between them, or any degree of thought that even remotely departs from your own at any point that might be inconvenient to you is testimony to just how utterly worthless your viewpoints really are.

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PostPosted: Fri Apr 18, 2014 9:07 am 
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Elmarnieh wrote:
No because the Federal government doesn't own states. Do you think the Federal government owns states Hopwin?

The Federal Government owns the land until a state is established, at least that is what your post states. You said the Federal Government can acquire terrorities via conquest and those territories can then apply to the Federeal Government for Statehood. So until that territory is approved Stateship it is Federal Land.

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Hopwin wrote:
Elmarnieh wrote:
No because the Federal government doesn't own states. Do you think the Federal government owns states Hopwin?

The Federal Government owns the land until a state is established, at least that is what your post states. You said the Federal Government can acquire terrorities via conquest and those territories can then apply to the Federeal Government for Statehood. So until that territory is approved Stateship it is Federal Land.


Alaska is a perfect example, it was admitted into the union in 1959 (during my lifetime, which is of personal interest) after being purchased in 1867 and incorporated in 1912.

http://dnr.alaska.gov/mlw/factsht/land_own.pdf
Quote:
Alaska became a state in 1959. The federal government granted the new state 28% ownership of its total area. Approximately 103,350,000 acres were selected under three types of grants: Community (400,000 acres), National Forest Community (400,000 acres), and General (102,550,000 acres). Additional territorial grants, for schools, university and mental health trust lands, totaling 1.2 million acres were confirmed with statehood. All grants combined gave the State of Alaska approximately 105 million acres.Alaska became a state in 1959. The federal government granted the new state 28% ownership of its total area. Approximately 103,350,000 acres were selected under three types of grants: Community (400,000 acres), National Forest Community (400,000 acres), and General (102,550,000 acres). Additional territorial grants, for schools, university and mental health trust lands, totaling 1.2 million acres were confirmed with statehood. All grants combined gave the State of Alaska approximately 105 million acres.


http://en.wikipedia.org/wiki/State_of_N ... .281864.29
Quote:
Over 80% of the state's area is owned by the federal government. The primary reason for this is that homesteads were not permitted in large enough sizes to be viable in the arid conditions that prevail throughout desert Nevada. Instead, early settlers would homestead land surrounding a water source, and then graze livestock on the adjacent public land, which is useless for agriculture without access to water (this pattern of ranching still prevails).

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Last edited by Taskiss on Fri Apr 18, 2014 10:00 am, edited 4 times in total.

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PostPosted: Fri Apr 18, 2014 9:46 am 
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Is it my imagination or this a very interesting and controversial thread that has been on the most part civil all-around? High fives to participants.

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PostPosted: Fri Apr 18, 2014 10:01 am 
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Hopwin wrote:
Is it my imagination or this a very interesting and controversial thread that has been on the most part civil all-around? High fives to participants.

Pppppppuuuuuutttttttt!

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