Or
not.
A bedrock claim of the small group led by Arizona
businessman Ammon Bundy is that the Constitution limits federal ownership of
land. As a result, they say, the federal government is violating Article 1,
Section 8, Clause 17 by illegally holding about 76 percent of Harney County.
But scholars say Bundy and his followers are misreading the
Constitution.
"You have to read the entire document and not just the
clauses and provisions that you think support your case," said Elizabeth
Wydra, chief counsel of the nonprofit Constitutional Accountability Center,
which monitors legal application of the Constitution.
I've encountered other constitutional scholars in comment threads. It's hard to believe how many are around. Unfortunately, I am not one. I do believe that all land as it was acquired (stolen from Native Americans) became property of the US government.
Bundy told an FBI negotiator Thursday that his group already
is examining land records to identify previous owners. But which records
they're researching isn't clear.
Officials at the Harney County Assessor's Office, which
tracks property ownership, and the Clerk's Office, which keeps the record of
deeds, say no one in recent weeks has approached them to examine the records.
Be careful what you don't wish for.
The wildlife refuge, with headquarters about 30 miles
southeast of Burns, is a symbol of Bundy's overarching demand. He wants the
land turned over to the county.
But Harney County isn't interested in becoming the refuge's
landlord.
"If they gave it to us, where would the money come from
to operate that?" said Steve Grasty, Harney County judge, a non-judicial
position that operates the same as chair of the county commission.
The refuge employs 17 people to handle day-to-day
operations. The entire Harney County county government full-time workforce
numbers 102. Grasty said operating the refuge would cost millions that the
county doesn't have.
The county's options would be limited, he said, including
laying off employees to free up money for refuge management, closing the refuge
or selling off parcels of the refuge to raise money.
Bundy acknowledged this week when talking to an FBI agent
that he didn't know what practical steps he could take to get the refuge land
and buildings out of federal control.
"We could put more thought to that," he said.
That last statement would probably make a great epitaph for pretty much anyone in the Bundy Gang.