During the partial shutdown of the federal government, the local weekly newspaper published a photo of protesters, one of whom had a sign saying that national parks are essential. Living where I do, within a day’s drive of the Grand Canyon, Bryce Canyon, Zion, Monument Valley and so on, there is a large National Park Service contingent. It was some of these who were apparently furloughed during the shutdown and killed time by protesting the shutdown, and made a sign asserting that the national parks are essential, and should not have been shut down.
National parks, essential? Nonsense. national parks are not even constitutional.
The Constitution authorizes FedGov to own land for a “seat of government” (the District of Columbia), and for “Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.” This would include “Post Offices and post Roads”. That’s it; the sum-total of the lands the Constitution empowers FedGov to own.
The Constitution does not authorize FedGov to own vast areas of land for wilderness, national forests, national parks, national recreation areas or for any purpose not listed above.
Like it or not, national parks, recreation areas and forests are all unconstitutional.
Thomas Jefferson, when contemplating the Louisiana Purchase, believed it was necessary to rush through a constitutional amendment to authorize FedGov to make the purchase. He feared, however, that the French would change their minds if he didn’t act quickly and so, at the urging of advisors, never brought up the amendment. He urged the legislature to authorize the purchase quickly and no one protested that the legislature is not authorized by the Constitution to make such a purchase.
It was clear. even to President Jefferson, that FedGov was not empowered by the Constitution to make the purchase. But because he felt it was urgent, and it was immensely popular, he didn’t bother with seeking legitimate power to make the purchase by proposing a constitutional amendment. In making the Louisiana Purchase, Jefferson knew he was violating the Constitution.
And so it goes. In the long history of the United States, FedGov has exercised powers not granted to it with increasing frequency to the point where, when then Speaker of the House Nancy Pelosi (D-CA) was asked by a reporter where in the Constitution Congress is empowered to force Americans to buy health insurance, she responded, “Are you serious? Are you serious?!?”
Speaker Pelosi was incredulous. How could anyone doubt the power of Congress to do whatever it likes? A spokesman for the Speaker later explained that this was not a “serious question” deserving of a response.
Thus, so much of what FedGov does is believed not only constitutional, but essential, though it is in fact neither.
It is time for the States to Take Back The Powers usurped by FedGov.