The States own their own land. Article I, Section 8, Clause 17 of the United States Constitution requires that any authority the federal government wields over such lands must first be approved by the State Legislatures, and the land must be purchased by the federal government. This includes mineral rights.
Based on the Constitution, the federal government, legislatively, or by any other means, cannot legally simply take control of State lands without consent of the States
Obama has decided to expand his powers over the natural resources in the States with a stroke of a pen.
Is this his way to combat what Utah is trying to do to regain control over their lands, or is he doing this to try to stop the States from taking advantage of new found oil reserves?
Regardless of the reason, Obama does not have the Constitutional authority to act in such a tyrannical manner. The federal government has no constitutional authority over the mineral rights in a State, and Obama sure as hell doesn't have the authority to make a power grab like that with the stroke of a pen in an Executive Order.
The real fear here, though, is that if this is the kind of totalitarian actions Obama is willing to take against the States during his first term as President, just imagine what he'd be willing to do in a second term where re-election is no longer a concern. . . should he win in 2012.
-- Political Pistachio Conservative News and Commentary
President Obama signs Executive Order allowing for control over all US resources - Examiner.com
The White House, Office of the Press Secretary, March 16, 2012: Executive Order -- National Defense Resources Preparedness
Obama Executive Order: Peacetime Martial Law! - Before It's News
Because National Parks are Unconstitutional, Utah and Arizona Demanding Land Taken By Federal Government Returned is Constitutional - Political Pistachio
Executive Orders and the Constitution - Political Pistachio
Myth #21: Executive Orders Can Modify Law - Political Pistachio
The Constitution and Executive Orders - Political Pistachio
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