MSNBC talking heads fail to mention it is the state violating the law
April 15, 2014
Joe Scarborough, a former Congressman dubbed a “New Federalist,” argued on the Morning Joe Show today rancher Cliven Bundy has violated federal law and should pay the government a million dollars in grazing fees.
“For some reason this guy thinks that the laws that apply to every other rancher in the United States of America don’t apply to him,” Scarborough said. “Even people on the further boundaries of the right and the conservative movement think that if this guy is going to use federal land, then this guy should actually pay the fees.”
How this attitude conforms to Scarborough’s political philosophy of New Federalism is not clear. New Federalism calls for devolution and a transfer of authority from the federal government to the states.
As we noted last week, the federal government is in violation of Article 1, Section 8, Clause 17 of the Constitution, otherwise known as the Enclave Clause. It authorizes Congress to purchase, own and control land in a state under specific and limited conditions, namely “for the erection of forts, magazines, arsenals, dockyards, and other needful buildings,” and not, as the feds insist, to protect an endangered tortoise.
Washington’s Blog adds an interesting point to this argument. “US land claims… in Nevada and throughout the US Southwest originate in similar crimes to current US lie-started, treaty-violating, unlawful Wars of Aggression. These claims are from violating treaties with Native Americans, and a lie-started, treaty-violating, unlawful invasive war on Mexico.”
Treaties are covered by the Constitution under Article Six: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
The federal government violated the Adams-Onís Treaty with Mexico penned in 1819. The treaty covers all the land of the United States Southwest and Texas with the Sabine River on today’s Texas-Louisiana border as demarcation.
“The two high contracting parties agree to cede and renounce all their rights, claims, and pretensions to the territories described by the said line, that is to say: The United States hereby cede to His Catholic Majesty [of Spain, then colonizer of Mexico], and renounce forever, all their rights, claims, and pretensions, to the territories lying west and south of the above-described line; and, in like manner, His Catholic Majesty cedes to the said United States all his rights, claims, and pretensions to any territories east and north of the said line, and for himself, his heirs, and successors, renounces all claim to the said territories forever.”
The federal government gained the Southwest through treaty violation, the invasion of Mexico and outright annexation. The Treaty of Guadalupe Hidalgo, signed by Mexico at gunpoint, reduced the size of that country by forty percent and set the national boundary at the Rio Grande. The goal of Democrat President James K. Polk was to use the Mexican-American War to expand territory claimed by the United States government. The theft of Mexican land also had a corporatist dimension. During the war surveys were conducted by the U.S. Army demonstrating the feasibility of a railroad stretching from El Paso to San Diego. After the war topographical surveys produced by the U.S. government were used by James Gadsden of the South Carolina Canal and Rail Road Company to argue for new railroads.
“The Mexican-American War is vitally important to understand because it sets the precedent of a US president lying, violating clear treaty, and the US stealing resources at the expense of thousands of deaths of US soldiers, and many multiples of those deaths of the people we attacked,” notes Washington’s Blog.
In short, land the federal government claims to own is stolen territory gained through violence and organized mass murder. This reality is omitted from the ongoing argument over the legality of Cliven Bundy grazing his cattle.
Scarborough’s co-host, the former BBC and Bank of England employee Katty Kay, argues Bundy is not engaged in libertarianism, but rather anarchy. Ms. Kay’s ignorance of political philosophy (including the use of the word “anarchy”) is one shared by a large number of her colleagues working as script readers for the establishment propaganda media. Most are more in tune with video production and the finer points of makeup artistry than political philosophy. In fact, what Bundy is doing – transforming unproductive land into productive use – is wholly libertarian.
Scarborough and Kay are defending something libertarians oppose – land ownership not gained through production, but rather by force of violence. This practice began with the assumed divine right of monarchs who disposed of stolen land at the will of the crown to favorited stock companies who established monopolies defended by state violence. Land theft and corporatist exploitation is an ongoing project, as we learned when it was discovered corrupt Nevada Senator Harry Reid is involved in a solar farm deal in Nevada.