Tuesday, May 17, 2016

Bundy Ranch Prisoner Drops Bombshell from Jail

Reporter and political prisoner Pete Santilli of The Pete Santilli Show dropped a bombshell from jail earlier this week. He claims that the information below, once it comes out in the open in court, will have the US government in a panic. In a recorded statement by Deb Jordan, Pete’s co-host, Santilli said that the information comes from the congressional record 1866. “The dirt at Bundy Ranch is in Clark County,” Santilli began. “Clark County has always been a part of the State of Nevada and is not federal land in any way shape or form, period.” “It is documented and we have the documentation,” he continued. “We will be going through the court system appropriately, but the entire Bundy Ranch debacle and what Cliven Bundy said on that stage to that Sheriff… unfortunately, these buffoon people that the US government’s US Attorney’s Office actually put on the record that Nevada, part of the Hidalgo Treaty and all this stuff is absolute lunacy that they are lining us all up about an incident that took place in Clark County Nevada that has never been part of federal lands since 1866.” Santilli is right too. Even according to Clark County Nevada’s website, it was on May 4, 1866 that Nevada extended southern border into Arizona Territory, covering territory to point where Colorado River meets California Border. However, on January 17, 1867, the Nevada State legislature voted to extend southern border, taking in today’s Clark County. That makes the land of Clark County a legal part of the State of Nevada, not federal land. Prior to that, according to the website, “10/31/1864 Nevada becomes a state during the Civil War. Area now encompassed by Clark County is not part of original state of Nevada but is part of Arizona Territory.” Clark County came into existence on July 1, 1909. In all of the records on the Clark County website, there is no mention of what the Constitution demands for the federal government to acquire land in the state, namely the approval of the State legislature. Article I, Section 8, Clause 17 of the US Constitution is clear about federal control of land.

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and 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, Arsenals, dock-Yards, and other needful Buildings– (Emphasis added)...more

This is the first I've seen this particular twist and it is very interesting.  While I haven't had time to really study this, I do have some questions.

Its my understanding that Article I, Section 8, Clause 17, generally referred to as the enclave clause, is primarily about jurisdiction.  If the feds want "exclusive" jurisdiction over the property then they must have the consent of the state legislature.  Otherwise, jurisdiction is held, or shared, by the state. The clause is silent on the feds owning property as the sole proprietor, and doesn't prevent them from doing so.  It only kicks in when the feds want "exclusive" jurisdiction.

Also, the article says Clark County was in the Arizona Territory before the boundary was changed to make it part of Nevada.  Territorial lands are owned by the feds.  So the question becomes when the lands were transferred to Nevada did they retain their federal ownership status or was the land ceded to the state?  The article is written as if it was the Nevada legislature which acquired the land.  However, I'm pretty sure it would take an act of Congress to modify the boundary of a state.  Key would be the language in that Act.

At first blush, it would appear this may not be the "bombshell" many are hoping for.

1 comment:

Patricia said...

Actually, at first blush, I'd say this is the crux of the entire Bundy case.

The Feds must prove that they purchased Bunkerville Allotment from the state of Nevada. And they must have PURCHASED it with money, not ACQUIRED it by some other means. The only two cases I see of the Feds doing that in Nevada are:


Clark County
NRS 328.210           Sale of real property authorized for site of Hoover Dam reservoir (1933).
NRS 328.220           Sale of real property authorized (1941).