Jurisdiction

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Jurisdiction

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Wrong Impressions

Jurisdiction is one of the most important things to understand in defense of Rural America.

Many people, including many federal agents, mistakenly believe the federal government owns, or at least has exclusive control over, approximately two-thirds of the lands in the Western United States. Indeed, most people believe public lands are federal lands.

These impressions, though prevalent, are absolutely false. It is the States, not the federal government, that have authority over approximately 95% of public lands.

U.S. Constitution

Jurisdiction is the lawfully delegated authority of a government entity to act upon matters delegated to it by the People. Both subject matter and authority are limited to only that which is delegated. The term “jurisdiction” is also used to describe the geographic or subject area to which the authority applies.

Founding Principles

The Constitution delegated to the federal government exclusive legislation over certain small portions of land for the limited purposes of housing the federal government and defending the nation, but even in these cases required State consent. The federal government was not delegated unilateral authority to take or control lands. Despite its ambitions, the federal government is not an empire, nor is it a country unto itself created to conquer the sovereign States or subjugate everyone to its rule.

Here is the applicable clause from the Constitution. Note there is only one form of jurisdiction: exclusive legislation, and only two methods for obtaining it: cession and purchase.

1. “The Congress shall have power 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” ― Article I, Section 8 of the United States Constitution

According to the Constitution, the federal government has jurisdiction only over those lands wherein it possesses exclusive legislation.

1. The Court established a principle that federal jurisdiction extends only over the areas wherein it possesses the power of exclusive legislation, and this is a principle incorporated into all subsequent decisions regarding the extent of federal jurisdiction. To hold otherwise would destroy the purpose, intent and meaning of the entire U.S. Constitution. ― United States v. Bevans 16 U.S. (3Wheat.) 366 (1818)

The Supreme Court confirmed the purpose for acquiring land within the States was limited to defense:

1. “Special provision is made in the Constitution for the cession of jurisdiction from the States over places where the federal government shall establish forts or other military works. And it is only in these places, or in the territories of the United States, where it can exercise a general jurisdiction.” ― New Orleans v. United States, 35 U.S. (10 Pet.) 662, 737 (1836)

The Supreme Court also ruled federal authority cannot be expanded by the consent of state officials. State officials do not have the authority to defeat the Constitution.

1. “Where Congress exceeds its authority relative to the States, therefore, the departure from the constitutional plan cannot be ratified by the ‘consent’ of state officials. ... The constitutional authority of Congress cannot be expanded by the ‘consent’ of the governmental unit whose domain is thereby narrowed, whether that unit is the Executive Branch or the States.” ― New York v. United States, 505 U.S. 144, 182.

Territories

At the time the Constitution was ratified, our nation controlled western lands that were territories, not yet States. Accordingly, the Constitution delegated to the federal government custodial authority these lands. This authority lasted only until statehood was granted, at which time the respective State acquired that authority.

1. “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.” ― Article IV, Section 3 of the United States Constitution
2. “We think a proper examination of this subject will show that the United States never held any municipal sovereignty, jurisdiction, or right of soil in and to the territory, of which Alabama or any of the new States were formed ... because the United States have no constitutional capacity to exercise municipal jurisdiction, sovereignty, or eminent domain, within the limits of a State or elsewhere, except in the cases in which it is expressly granted.” ― Pollard v. Hagan, 44 U.S. (3 How.) 212 (1845)

Only one form of jurisdiction existed: exclusive jurisdiction. Either the federal government had it or the State. In either case, no federal land jurisdiction could be obtained without State consent.

Shared Jurisdiction

Following the Civil War, federal agents, including U.S. Supreme Court justices, began expanding federal authority without constitutional amendment, i.e., without the consent of The People. Since the federal government is wholly the creation of The People, who designated unto the federal government only certain, limited powers, these usurpations of power were and are without legal authority. A glimpse into when and how this was done can be found in Wikipedia’s entries for federal enclave and enclave.

Eisenhower Document

A study conducted in 1956-1957, called the Eisenhower Document, constitutionally or not, added three new types of jurisdiction, plus a catch-all category. The resulting five categories were numbered 1 through 5.

1. 1.exclusive jurisdiction ― The federal government has total control.

2. 2.concurrent jurisdiction ― The State has full and equal jurisdiction.

3. 3.partial jurisdiction ― The federal government has partial jurisdiction, the State having reserved unto itself certain concurrent or exclusive jurisdiction.

4. 4.proprietorial jurisdiction ― The State has all authority. The federal government has some right or title over an area, but no measure of the State’s authority. The federal government operates in a governmental rather that proprietary capacity.

5. 5.unknown ― No data or record exists to establish agency.

The report’s authors, with the concurrence of President Dwight Eisenhower, concluded and recommended, in part:

1. 3.2 “With respect to the large bulk of federally owned or operated real property in the several States and outside of the District of Columbia it is desirable that the Federal Government not receive, or retain, any measure whatever of legislative jurisdiction, but that it hold the installations and areas in a proprietorial interest status only, with legislative jurisdiction remaining in the several States.

▶ According to a government report, 728,489,393.3 (or 95%) of the total 770,735,115.3 acres reported fall into the proprietorial jurisdiction category. This is very important to understand.

Coordination

The Constitutional right of local communities to require federal agencies to conform to local plans is the process known as coordination.

Learn More

Understanding and enforcing jurisdiction is one of the most powerful tools available to local communities to regain a voice in the destinies of their counties. Learn all that you can about jurisdiction, and share the information with every one and every organization you can think of, including your county representatives.

Related Pages

1. •Public Lands
2. •Coordination
3. •Apache County: How Apace County, New Mexico used this knowledge to take back control of forests that threaten its communities.

Watch- on WEBSITE- Video..  Jurisdiction of Public Lands

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