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309 lines
19 KiB
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309 lines
19 KiB
Plaintext
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FEDERAL PARKS
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This had been a very long winter and spring for the
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entire family. Our reservations to spend a month sight-
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seeing in Egypt have been confirmed since last October.
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We often talked about special sites we wanted to visit.
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Would we see the Great Pyramid at Cheops or the Aswan Dam?
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Maybe we would go farther down the Nile to visit some of the
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lesser known pyramids at Karnack. We've had discussions on
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what it will be like to ride on a camel. We'd heard that
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camels smell badly and wondered about that. And we were
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looking forward to finding out if Egypt was all sand.
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This trip was the talk of the school which my two
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children attended. Not only were their classmates inter-
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ested, their teachers had became involved.
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One day, my son asked if we were going to visit King
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Tut's Tomb. I replied, "Yes, it's on our list."
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"What about the curse of his tomb? Will we be cursed?"
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"I doubt it Billy." I answered. "That was only a
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story."
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"No it's not!" retorted Susie. "Miss Slone brought a
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special book of Egypt from the library. She read us the
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part about when they opened the tomb and all the people who
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died strangely."
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"I don't believe it." I replied. "People were much
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more superstitious in those days. It was probably a
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coincidence that they all died so soon after they opened the
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tomb."
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"I wouldn't be too sure of that." my wife joined in.
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"Do you remember when the artifacts from his tomb were
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displayed in Los Angeles? I saw one of the curators on TV.
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When asked that very question, he said they didn't know if
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the curse was the reason they died."
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"Weird!" said Billy as he looked at his sister. "Do
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you think it will hurt us if we go in there?"
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Susie shivered a bit as she said, "Wow, I hope not."
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During the past few months, strange happenings began to
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make the headlines. Terrorists shot and killed people at a
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couple of airports we would be going through . . . planes
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had been hijacked . . . hostages were taken. Would it be
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safe for my family to make the trip?
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We finally decided the curse of King Tut didn't scare
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us but the possibility of running into terrorists did bother
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us. We cancelled our trip and decided to visit a national
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park in the northwestern United States. After all, these
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were run by our government so we could feel safe there.
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Yellowstone National Park, Yosemite National Park,
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Grand Canyon National Park, millions of acres of public
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range land, national sea shores, and on and on and on . . .
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Beautiful parks, scenery, wildlife, hiking trails,
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camping sites . . . Just look at all the beautiful places
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our federal government is giving to the people. An ideal
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place to spend an extended summer vacation with the family.
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Let's set the record right now . . . The United States
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government is breaking the law. They have NO power to own
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those lands. It's illegal as hell!
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The ONLY permission for the national government to own
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land is spelled out in Art I, Sect 8, cl 17. It specific-
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ally limits ownership to 10 square miles for the seat of the
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government (Washington, D.C.) and . . .
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". . . over all places purchased by the consent of the
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legislatures of the state in which the same shall be, for
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the erection of forts, magazines, arsenals, dock-yards, and
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other needful buildings."
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That's it. Not one word about range land, national
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parks, presidential or other official hideaways.
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The only other place in our Constitution where the word
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property appears is in Article IV, Section 3, clause 2.
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This permission to "dispose of and make all needful rules
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and regulations respecting the territory or other property
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belonging to the United States; . . . "
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This gives them the right to sell property which
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lawfully belongs to the government. It allows them to
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exercise control over territories which may be awarded to
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the national government as a result of peace treaties, etc.
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Not a word about public lands or parks. In 1891, they
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passed the first act establishing National Forests. This
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came about because people were careless when they went into
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forested areas. They cut down trees and then vacated the
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areas. No attempt was made to plant new trees and rain
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runoff was ruining the lands. Commendable? No argument.
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By act of Congress dated Aug. 25, 1916, they es-
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tablished The National Park Service as a bureau of the
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United States Department of Interior. Purpose was to
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"promote and regulate the use of the federal areas known as
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national parks, monuments, and reservations . . . by such
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means and measures as conform to the fundamental purpose of
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said parks, monuments, and reservations, which purpose is to
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conserve the scenery and the natural and historic objects
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and the wild life therein and to provide for the enjoyment
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of the same in such manner and by such means as will leave
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them unimpaired for the enjoyment of future generations."
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(Encyclopedia Americana) This was a laudable undertaking on
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the part of the Congress. Makes no matter, it's without
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authority in the Constitution.
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Ownership by the individual states involved, if
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permitted by the state constitution concerned, would be
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another story. For the federales to assume such an
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undertaking without specific permission from or by an amend-
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ment to our Constitution is unlawful.
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Back to the naughty word again . . . Deficits! All
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monies spent operating the National Park Service is illegal.
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Some are really disastrous. They will admit that all the
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money collected from overnight lodging does not pay the cost
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of maintaining the buildings. Another chunk to move the
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figures into the red. After all, it's not their money, it's
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YOUR MONEY!
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Reports are that the United States government owns half
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the territory west of the Mississippi. How come? The
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Constitution is specific on land ownership, ". . . for the
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erection of forts, magazines, arsenals, dockyards, and other
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needful buildings." Nothing else!
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Alaska has been in a running battle with Congress over
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the past decade to decide who owns the property in the
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state. How can Congress tell the people of Alaska the
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federal government owns anything other than a military base
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or dockyard, etc.? Even then, the legislature of Alaska is
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mandated to give their permission to purchase the property.
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And to compound the problem, you are subject to jail if
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you go on the property without permission. The charge is
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trespassing. What kind of garbage is this?
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The Founding Fathers knew they couldn't foresee the
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future. They had no idea what problems would arise, so we
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know they included the amendment process. We should never
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look the other way when the government assumes a power for
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which we have not specifically given our permission. It's
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that simple.
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The powers we agreed to convey for government are
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spelled out in no uncertain terms. The way for the govern-
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ment to receive new powers from we the people is also plain.
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We have to make them use the proper and legal means to
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receive justification for any act they intend to undertake.
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Parks, wildlife and historical preserves are desirable.
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They are places of beauty and fun to visit. Many serve the
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purpose of sustaining the heritage of our country. Yet
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allowing politicians to seize power which we have specifi-
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cally denied them is far more dangerous to the survival of
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our country.
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If we are so foolish to allow even the slightest step
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past what we have allowed, the next step is simple. Without
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looking too intently, we can see the result of permitting
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the first step to go unchallenged.
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This is an old and favorite trick of the politicos.
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When they are hell bent on accomplishing a specified goal,
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they take at least two steps toward the goal. If they are
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earnestly challenged, they will take one step backwards to
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disarm the dispute. Then they are one step ahead in
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achieving their intended goal.
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The scenario goes this: "When we passed the National
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Forest Act, we convinced the people it was for their own
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good. They were happy we took the initiative. No one
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checked the constitution or challenged us. Now we can do
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whatever we want. And as long as we convince them it's for
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their own good, they'll thank us." Easy, isn't it?
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As George Washington pointed out, ". . . the constitu-
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tion which at any time exists till changed by an explicit
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and authentic act of the whole people is sacredly obligatory
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upon all."
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Again it is pointed out that we demanded every official
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of government take an oath or affirmation to support the
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supremacy of the Constitution. They cannot exceed what we
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have allowed. We all must obey the Constitution and this
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includes all who work for government at any level!
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A thorough search of The Federalist Papers, shows only
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No. 43 by James Madison speaking of the ownership of
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property by the federal government. One section deals with
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the ownership of the property for the seat of the national
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government.
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Madison says: "The necessity of a like authority over
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forts, magazines, etc., established by the general govern-
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ment, is not less evident. The public money expended on
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such places, and the public property deposited in them,
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require that they should be exempt from the authority of the
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particular State. Nor would it be proper for the places on
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which the security of the entire Union may depend to be in
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any degree dependent on a particular member of it. All
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objections and scruples are here also obviated by requiring
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the concurrence of the States concerned in every such
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establishment."
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That's certainly clear enough. We did not say it was
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okay to own any property other than what was specified.
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Now I'm certain many will say the last clause of Art I,
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Sect 8 conveys special jurisdiction to the government. They
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can own any property they feel necessary, whatever its
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classification. This clause is called the "necessary and
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proper" clause.
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This argument runs into a stone wall immediately. Two
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facts in our Constitution kill that reasoning. One is the
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supremacy clause.
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The other is the "necessary and proper" clause only
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authorizes the exercise of listed powers. This includes
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other powers vested by this Constitution in the government
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of the United States. The document has to show the power.
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NOT whatever THEY think necessary and proper.
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The ownership of property is specific and limited.
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Nowhere in our Constitution can anyone point to as permis-
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sion for ownership of other types of property. This
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includes Camp David and a high official hideout on Jekyll
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Island off the coast of Georgia.
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Have you ever checked to see what these clowns are
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required to pay for a stay at Jekyll Island? There are many
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others, some set aside in 'public parks', exclusive for high
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ranking bureaucrats, members of congress and the justices of
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the Supreme Court. Though they might think otherwise, there
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are no kings or potentiates in our government. They are
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responsible to you and me.
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The Federalist Papers are crystal clear on this aspect.
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In paper No. 34, Hamilton is emphatic that the necessary and
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proper clause pertains only to powers specifically granted.
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He addresses the points in particular we are making.
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"If the federal government should overpass the just
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bounds of its authority and make a tyrannical use of its
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powers, the people, whose creature it is, must appeal to the
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standard they have formed, and take such measures to redress
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the injury done to the Constitution as the exigency may
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suggest and prudence justify. The propriety of a law, in a
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constitutional light, must always be determined by the
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nature of the powers upon which it is founded."
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Madison in paper No. 44 puts it this way: "If it be
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asked what is to be the consequence, in case the Congress
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shall misconstrue this part of the Constitution and exercise
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powers not warranted by its true meaning, I answer the same
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as if they should misconstrue or enlarge any other power
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vested in them; as if the general power had been reduced to
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particulars, and any one of these were to be violated; the
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same, in short, as if the State legislatures should violate
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their respective constitutional authorities. In the first
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instance, the success of the usurpation will depend on the
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executive and judiciary departments, which are to expound
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and give effect to the legislative acts; and in the last
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resort a remedy must be obtained from the people, who can,
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by the election of more faithful representatives, annul the
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acts of the usurpers."
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Usurpers are those who seize and hold a power or
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position without a legal right. This is exactly what we are
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facing in our country today. And how could this occur
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except with the acquiescence and, as Madison said, collusion
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between the executive and judicial branches?
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Remember the Tenth Amendment absolutely prohibits the
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federal government from assuming ANY power which we did not
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delegate. There are no exceptions.
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So how do we straighten out this mess? James Madison
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had the answer when he said the remedy must come from the
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people.
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Hamilton also pointed out the people must take whatever
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measures necessary to redress the injury to the Constitu-
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tion. Call the local office of your Senator or Congressman.
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Ask where they find the authorization to own property beyond
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what is specified in our Constitution.
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A couple more questions would be pertinent. One, have
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you taken an oath to support our Constitution? Second, ask
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where Congress finds the specific justification to establish
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the National Park Service.
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Do not to take their answer at face value. Check their
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answer against the Constitution. Ask them for specifics.
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Point out the two areas in the Constitution which have to do
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with property. You will hear a lot of silence at the other
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end of the phone. They have never had a question before
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like you're asking them now.
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Tell them you are unhappy with the government spending
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money on items which are beyond the lawmaking and spending
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powers of Congress. Ask further what he/she expects to do
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about the problem. Then ask your friends to do the same.
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Letters to the Editor of your local newspapers would alert
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other people of your area.
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Another way to stir the pot would be to send members of
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Congress who represent you a "Petition For Redress of
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Grievances." To refresh our memory, this was a right
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included in the 1st Amendment. It is NOT a privilege as the
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hot shots in government keep insisting.
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The colonists had a great deal of trouble with the King
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of England. They filed these petitions to ask the King to
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correct the wrongs and injustices which had occurred. This
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was the main reason they included this right in the First
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Amendment.
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I strongly suggest you write out the complaint in your
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own words. It shouldn't sound as though you are following
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something out of a book. You don't need a degree in english
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to make your demand understood. Write it as though you were
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talking to a member of your family and those in Congress
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will understand it also.
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There has been no form prescribed for a petition for
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redress. Nor did our Founding Fathers specify which branch
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of government these petitions were restricted to. Any
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branch can be petitioned and I recommend ALL branches
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receive these petitions! This right has fallen into nearly
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complete disuse over the past years. There is an ASCII file
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at the end of this book containing a Petition for Redress of
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Grievances. It can be printed on any printer, filled out
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and mailed.
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A wise man once said, "The more corrupt the state, the
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more numerous the laws." (Cornelius Tacitus, Roman senator
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and historian. A.D. c.56-c.115) It's our sacred duty to
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curb this illegal abuse of our Constitution. We must make
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the government again responsible to WE THE PEOPLE.
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They are making fools of you and me.
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PLEASE READ THE 'SALES PITCH' CHAPTER.
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REGISTER WITH THE AUTHOR.
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