Congress has no authority over desert
This is in answer to Susan Cyzopek’s March 26 mailbox in the Nevada Appeal in regard to Bryan’s Black Rock preservation or usurpation bill.
Susan, I don’t want to pick on your apparent ignorance of the Constitution of the States United (that’s the one written by the people of the new world while fighting King George, totalitarianist, dictator, total governmental control). But I, just like your Sen. Bryan, share in your concern. And just like Bryan, I will ask a small favor (not a vote).
Please find a copy of the Constitution of the States United (Blacks Law Dictionary has a fine one right in the back, and they ‘re available in almost all public libraries free of charge,) and if its not too much trouble, would you start with Article I, Sec. 8, Clause 1-16, the enumerated supreme powers granted to Congress by the people of this republic and discover that the resources are conspicuous by their absence and were never put under the hobnailed boot of the Congress of the United States.
Next, if you will look at the ninth article of the Bill of Rights, you will discover that if a particular thing like the air, water, trees, soil minerals, fish, wilfdlife, grass is not listed in the 16 enumerated powers given Congress, legislative jurisdiction was retained by the people (and not to be confused with the representatives of the people.)
Art. 1 Sec. 8 Clause 17 says Congress can be given exclusive legislative jurisdiction for limited and defined purposes, over land for the seat of the government and military purposes, with the consent of the state legislature within which the same does lie and the acceptance of Congress.
While you’re in Blacks Law, look up war powers and discover that Congress has legislative jurisdiction over whatever resources it takes to fight and prepare for war, but only in time of actual war or imminent danger of attack. (Maybe you believe Clinton’s war on the West qualifies. I don’t.)
I have no problem with the people of a country voting to protect natural wonders like Yellowstone, Yosemite or even the Black Rock Desert, because this local decision making authority is a local responsibility and was retained by the local people under the ninth article of the Bill of Rights, which are constitutional guarantees, just like the one you and I used to write these letters.
So, this is why I say Sen. Bryan’s bill is a usurpation or assumption of power, that the senator was never given, under the Constitution, and the framers warned us about.
I will send him a copy of this letter so that he may respond, and I suggest you do the same. In the meantime, if you want to protect the Black Rock Desert, do it constitutionally correct.