“I hope we shall crush in its birth the aristocracy of our monied corporations which dare already to challenge our government to a trial by strength, and bid defiance to the laws of our country.” Thomas Jefferson
By Bob Ferris
So much of our attitudes and actions in life are determined by our expectations—some of them true and some of them false. When you look at some of the unrest about wolves in the West, for instance, some of that has to do with folks incorrectly believing that the minimum delisting goals for wolves in the Northern Rockies were maximum acceptable population levels. I can, to a certain extent, understand their anger but it is misdirected at the wolves and wolf advocacy organizations when it should be directed at those promulgating the falsehood and creating the unreal and untrue expectation.
“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, dockyards, and other needful buildings;–And…” US Constitution Article I Section 8
This phenomenon of purposely created false expectations becomes particularly pertinent as we start to hear election rhetoric regarding federal lands and so-called “government overreach.” The most distilled and egregious of these attacks are the ones made by candidates and others shaking a copy of the US Constitution, invoking the founding fathers, and boldly stating that the federal government cannot own any lands within the states greater than 10 square miles. This is usually emphasized by the speaker saying that they are a “student” of the US Constitution. Yep it is right there is black and white. However…
“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….”US Constitution Article IV, Section 3, Clause 2
The problem is that these “students” are extremely good at finding Article I Section 8 that actually deals with the federal government taking or purchasing state lands with the approval of the state legislatures for “needful buildings,” but miss Article IV, Section 3, Clause 2 known as the “property clause” which actually deals with federal ownership of lands (see also here). They also conveniently forget that all this land stuff is settled by an Act of Congress before a state becomes a state in what is essentially a congressionally approved application for statehood that always includes clauses dealing with who owns what (see steps to statehood).
So these folks who bang this 10-square mile drum either do not know or understand the US Constitution;re advocating for ignoring or dissolving what is essentially a legally binding agreement between a state and Congress; or are trying to deceive you and create a schism between you and the governing body of your country. Regardless of which it is, none of these strike me as desirable behaviors or conditions from a person looking to gain elected office or the respect of thinking voters.
I have to admit that I have a deep, probably inbred, sensitivity when it comes to discussions that simultaneously mischaracterize the founding fathers, the US Constitution and federal lands. I come by this honestly as I am the person in my family in this generation who bears the middle name of Morris. This naming honors Lewis Morris (my great5-grandfather) who signed the Declaration of Independence. It also touches on his half-brother Gouverneur Morris who was one of the primary drafters of the US Constitution and widely credited with coining the “We the People” phrase so popular with and so misunderstood by the Tea Party. And it also honors my great3grandfather William Walton Morris who was shipped off to West Point at age 12 and fought with honor in the War with Mexico where many of the western lands were gained and during which his cousin and West Point classmate Lewis N. Morris was killed with a bullet through the heart.
"I'm guess maybe I'm a little bit like the Founding Fathers. I got a job to do, and I'm going to do it the best I can." Rancher Cliven Bundy
This lineage likely also explains some of my tenacity when it comes to matters of principle and rightness. Grandfather Lewis was to-the-manner-born—in this case the Manor of Morrisania –and he and his wife Mary (we have to give credit to founding mothers too, at right above) gave much of that up to push forward this exercise in democracy. And one-legged, withered-armed Gouverneur Morris died a gruesome death while performing a ticklish medical procedure on himself. William died of natural causes while commanding iconic Ft. McHenry during the Civil War but not before he famously pointed the fort’s cannon at the citizenry of Baltimore to make sure they understood that he was serious about quelling any rebellion in the country that his grandfather and great uncle had worked so hard to establish. (I am sure a pattern is emerging here.)