Taking Back Land from the Feds? Posted as received. — Webmaster   Montana is attempting NOW  to take back their public from the Federal Government.  Help is needed to support state legislation.  Fact sheet attached in this email body.  For interviews and information contact: Casey Emerson 5350 Love Lane Bozeman, MT 59718 Home phone (406) 587-7007 Business phone (406) 586-1541 State Control  The State of Montana must get ownership of what is now erroneously called Federal land in Montana--Federal forests, BLM land, etc.  The Supreme Court has been wrongly interpreting the U.S. Constitution in a way that undermines State rights.  We are trying to correct this by having the Montana Government through Legislative Action order our Attorney General to sue the U.S. Congress for the return of our land.  If we are not successful this year, we plan to continue to get that ownership.  If you read the U.S. Constitution carefully, you will find that the Supreme Court has been wrong in their interpretation and we should be able to change it.  (See enclosure)  And, yes, we could use some help. ï‚· 1. Letters to the editors of Montana newspapers, especially the Independent Record, 317 Cruse Ave., Helena, MT 59601. ï‚· 2. Tell everyone you know about this-especially friends in Montana. ï‚· 3. Be here or send people to the four hearings on this bill. o House of Rep. Committee hearing o House of Rep. Floor hearing o Senate Committee hearing o Senate Floor hearing ï‚· 4. We have a Web page set up that we will update as we find out what is going on and you can look at it to see when these hearings will be held.  There will be other info on that page also.  The Web page address is: http://www.king-tool.com/kingtool/statecontrol.htm. ï‚· 5. Yes, we could use some financial help--travel, phone calls, secretarial time and postage.  So far, three of us, a state senator, a state representative and me, a former state senator have been footing the bills, so please help. ï‚· 6. When we succeed, this will be the biggest thing for Montana since we became a state, and it will be big for many other states as well. o The most helpful thing you can do for us it to see that there are many proponents up at Helena for the various hearings and send financial help--any size contribution will be appreciated. Send to: State Control Casey Emerson 5350 Love Lane Bozeman, MT 59718 Home phone (406) 587-7007 Business phone (406) 586-1541 Thanks, Casey Emerson THE U.S. CONSTITUTION Dealing with the Question of Federal Land Constitution parts are printed in CAPS ARTICLE 1-SECTION1 ALL LEGISLATIVE POWERS HEREIN GRANTED SHALL BE VESTED IN A CONGRESS OF THE U.S. WHICH SHALL CONSIST OF A SENATE AND HOUSE OF REPRESENTATIVES. AMENDMENT X- THE POWERS NOT DELEGATED TO THE UNITED STATES BY THE CONSTITUTION NOR PROHIBITED BY IT TO THE STATE ARE RESERVED TO THE STATES RESPECTIVELY OR TO THE PEOPLE. ARTICLE 1-SECTION 8 THE CONGRESS SHALL HAVE POWER TO ESTABLISH POST OFFICES AND POST ROADS.  TO EXERCISE EXCLUSIVE LEGISLATION IN ALL CASES WHATSOEVER, OVER SUCH DISTRICT (NOT EXCEEDING 10 MILEs SQUARE) AS MAY, BY CESSION OF A PARTICULAR STATE, AND THE ACCEPTANCE OF CONGRESS, BECOME THE SEAT OF GOVERNMENT OF THE UNITED STATES, (DISTRICT OF COLUMBIA) AND TO EXERCISE LIKE AUTHORITY OVER ALL PLACES PURCHASED BY THE CONSENT OF THE LEGISLATURE OF THE STAE IN WHICH THE SAME SHALL BE, FOR THE ERECTION OF FORTS, MAGAZINES, ARSENALS, DOCK YARDS AND OTHER NEEDFUL BUILDINGS. (Notice the three cases mentioned.) As you can see there are just the 3 cases, as listed above, wherein the United States government can own land located within the 50 states.  These 3 are delegated.  Notice "Purchased." ARTICLE IV-SECTION 3 (This mentions property.) [2ND PART] THE CONGRESS SHALL HAVE THE POWER TO DISPOSE OF AND MAKE ALL NEEDFUL RULES AND REGULATIONS RESPECTING THE TERRITORY OR OTHER PROPERTY BELONGING TO THE U.S. AND NOTHING IN THIS CONSTITUTION SHALL BE SO CONSTRUED AS TO PREJUDICE ANY CLAIMS OF THE U.S. OR ANY PARTICULAR STATE. This part of the Constitution-Article IV-Section 3 above has been used to falsely justify the ownership and control of land by the United States government in the states by using the term "other property."  This definitely does not apply to land, because if it did, in the general way use here, there would be no need for the 3 cases of ownership as listed above.  If it applied to land, then the U.S. government could buy, get and obtain land to cover all cases.  Thus the above listed would not have been part of Article 1-Section 8, it would not have been necessary and therefore would not be included in this Constitution.  The U.S. government, however, can own territories and the land in that territory or other land as long as it isn't within any of the 50 states. AMENDMENT V (also mentions private property in last 2 lines) ………NOR SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST HIMSELF, NOR BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY, WITHOUT DUE PROCESS OF LAW; NOR SHALL PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION. Amendment V is aimed mainly against state actions since it is mostly the states that punish criminals.  Also, the property mentioned, if claimed by the U.S. government, would only apply to the property or land as listed in Article 1-Section 8 when taken as part of a punishment it would have to be sold immediately.  This one last line, also, if the U.S. government could obtain land by using some legal action there would be no need for the land part of Article 1-Section 8.  Therefore, this land is the land described in Article 1-Section 8.  ARTICLE VI (last two lines) THE SENATORS AND REPRESENTATIVES BEFORE MENTIONED AND THE MEMBERS OF SEVERAL STATE LEGISLATURES, AND ALL EXECUTIVE AND JUDICIAL OFFICES, BOTH OF THE UNITED STATES AND OF THE SEVERAL STATES, SHALL BE BOUND BY OATH OR AFFIRMATION, TO SUPPORT THE CONSTITUTION:  BUT NO RELIGIOUS TESTS SHALL EVER BE REQUIRED AS A…… Prejudice means: 1. A judgment or opinion formed beforehand or without thoughtful examination of the pertinent facts, issues, or arguments; especially, an unfavorable, irrational opinion. 2. The act or state of holding preconceived, irrational opinions. 3. It denoted an attitude of mind that interferes with a fair judgment. 4. It signifies prejudgment without adequate hearing or consideration. Remember, our first Constitution made the Federal government so weak that they could hardly do anything so:  they drew up a 2nd (present day) Constitution.  It had a stronger Federal government but again, this Constitution kept the Federal government as weak as possible, and yet, made it workable.  This was wanted because these people had lived under strong central government, monarchs and the like, that had mistreated them, thus the weak central government--just strong enough to hold the sovereign states together and provide for a strong common defense. FISCAL NOTE May be necessary 1. __________Bill No.__________ 2.  Introduced by _________________________________________________________________ 3.                                   (Primary Sponsor) 4. A bill for an act entitled:  "AN ACT REQUIRING THE ATTORNEY GENERAL TO BRING 5. ACTION AGAINST THE UNITED STATES TO REQUIRE THE UNITED STATES TO 6. TRANSFER TITLE TO THE STATE OF MONATANA OF ALL FEDERALLY OWNED 7. LAND IN MONTANA THAT IS NOT SUBJECT TO THE RESTRICTIONS OF 8. ARTICLE 1-SECTION 8, OF THE UNITED STATES CONSTITUTION:  AND PROVIDING 9. AN IMMEDIATE EFFECTIVE DATE."    Curtiss, B. Thomas, Allan Walter 10. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 11.   12.         NEW SECTION, Section 1.  Attorney general to sue United States over land ownership. 13. (1) The attorney general shall bring an action against the United States to require the United 14. States to transfer title to the state of Montana of all federally owned land in Montana that is 15. not subject to the restrictions of Article 1-Section 8, of the United States Constitution.  The action 16. must be premised upon the express provisions of Article 1-Section 8; Article IV-Section 3; and 17. the 10th Amendment to the United States Constitution. 18.          (2)  Upon transfer of ownership of the former federal land to the state, the department of 19. natural resources and conservation shall manage the land as provided in Title 77.  The proceeds 20. derived from the land must be used to reduce property taxes and income taxes. 21.   22.           NEW SECTION, Section 2.  Codification Instructions.  (Section 1) is intended to be 23. codified as an integral part of Title 2-Chapter 15, part 5, and the provisions of Title 2-Chapter 24. 15, part 5, apply to (Section 1.) 25.   26.           NEW SECTION, Section 3.  Effective date.  (this act) is effective on passage and approval. 27.                                                                      END