The Las Vegas Review-Journal quotes the Nevada Constitution in the story today in which Harry Reid calls armed opponents of the BLM’s confiscation of Cliven Bundy’s cattle in the Gold Butte area “domestic terrorists.”
The story states:
“Nevada’s 1864 Constitution, however, cedes rights to the vast stretches of public land to the federal government.
“’The people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States,’ the state Constitution says in the ordinance section.
“Reid noted many of the protesters care deeply about the Constitution, both state and federal.
“’Nevada’s Constitution sets out very clearly the situation,’ Reid said.”
That’s accurate, though incomplete.
The story leaves out a footnote:
” [Amended in 1956 and 1996. The first amendment was proposed and passed by the 1953 legislature; agreed to and passed by the 1955 legislature; approved and ratified by the people at the 1956 general election. See: Statutes of Nevada 1953, p. 718; Statutes of Nevada 1955, p. 926. The second amendment was proposed and passed by the 1993 legislature; agreed to and passed by the 1995 legislature; and approved and ratified by the people at the 1996 general election, effective on the date Congress consents to amendment or a legal determination is made that such consent is not necessary. See: Statutes of Nevada 1993, p. 3136; Statutes of Nevada 1995, p. 2917.]”
The Legislature and the voters — by more than 56 percent in 1996 — repealed the so-called Disclaimer Clause. But for 18 years the Congress and the courts have done nothing to carry out the will of the voters of Nevada.
So, what does the state Constitution really say now?
In reply to Reid, Bundy said it was the armed-to-the-teeth BLM agents who were the terrorists.