Problems in West begin with 'annexation' of public lands

To the Editor:

The 16 western states', (Alaska, Washington, Montana, Nevada,…) problem is the federal government's supposed "annexation" of their public lands, in violation of the Constitution's Article I, Sec. 8, clause 17. "Congress shall have the … to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, dock yards and other needful buildings."

It's been in part by the use of the "Taylor Grazing Act" of 1934 and 10-year leases. The Bureau of Land Management, U.S. Forest Service and National Park Service are the instruments they have used. Nevada and Alaska's so-called federal lands - (80 percent and over 50 percent) - are the extremes.

All of the other 14 states have been deprived of their sovereignty as states. We cite Amendment V: "… nor be deprived of … or property without due process of law; nor shall private property be taken for public use without just compensation."

We cite Amendment IX: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." Further we cite: Amendment X: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or the people."

Nevada, when it came in as a state in 1864, came within the U.S. statutes at large, Chapter XXXXI, "said state - (Nevada), — when formed, shall be admitted into the union, upon an equal footing with the original states. In all respects whatsoever."

All this information tells us this: All states - (47) - upon statehood are on an "equal footing" with the original 13. They and their citizens own all of the lands in their state. The federal government owns only what the state legislature has approved by the Constitution, requirements to transfer, and that must be paid for. All 50 states have a sovereign right!

The last endeavor to take a state's land for a federal forest was against New York - (east of the Mississippi) - in 1993. The Supreme Court ruled for New York State on the basis of the Constitution - (Article I, Section 8, Clause 17).

When will we get a legislature, attorney general and governor with guts and brains to stand up for Montana and take back our lands?

Freeman Johnson

Troy