Can we scrounge up some legal counsel for the Bundy Brigade?  Throughout this Bundy occupation in Oregon, they’re railing about the Constitution, that it’s against the Constitution for the federal government to own land.  In defense of this position, they’re citing “Article 1, Section 8, clause 17.”

Just google “Bundy” and “Article 1, Section 8, Clause 17” for examples of this reliance.

Here’s a cut and past of Article 1, Section 8:

Section 8 – The Text
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

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; —And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Ummmmmm, where do they get these ideas?

How do they square that with Article IV, Section 3 (in red below):

Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section. 3.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

And to add a little levity — but as smh inducing — their updated wishlist.  Can someone explain why they’d need “ice chests?”  It’s winter…


One Response to “The Bundy Brigade and the Constitution”

  1. Scott Thorsen Says:

    I am going under the assumption Ammon Bundy has this thought out and is waging a highly unusual tactical campaign against a bloated bureaucracy driven to promote BLM CORP INC. Then again he might be an idiot surrounded with idiots. I haven’t ruled that one out yet.

    First, calling the Hammonds teorrists is absurd. It’s about absurd as imprisoning a litter bug as a terrorist. I believe their arguments of protecting further fires with a backfire. 5 years imprisonment is wrong in my opinion.

    Now, just watching the maneuvers going on now as some sort of grassroots campaign is interesting. The BLM is an iconic bloated bureaucracy. They are slow moving and this offers the group an advantage. Attracting western militia groups looks to be a bit of disadvantage. While they have passion, it probably isn’t playing well to residents in Miami.

    I almost pity the FBI here. Their stuck defending the BLM. Yesterday’s video of 20 out of towers showing up at the FBI command center was almost comical. It was odd to see a mixture of FBI in tactical swat suits and blue jeans and beards. It sure looked like an awkward moment for the FBI.

    Buddy’s use of youth E is interesting. It shows an image but YouTube lacks substance. They desperately need a blog to document the BLM history and humanize their opponents at the BLM and FBI.

    They are praying the media will investigate the BLM. That’s not going to happen. The media is too lazy. They would be better suited to do their own investigative journalism and publish it on the Internet.

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