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Obama-Appointed Federal Judge Stifles Trump Admin In Opening Land For Coal Mining – Ignores Elephant In The Room

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Published on: April 23, 2019

It is particularly disturbing to read news articles where an elephant in the room is grossly ignored when covering the particulars of the story.  Too many American citizens are illiterate of the Constitution and ignorant of its tenets.  The media, particularly the alternative media, should be pointing out these elephants while covering the main story in order to demonstrate to the people the extent of the violations against the people the various levels of government commit.

The Daily Caller reported:

A federal judge in Montana delayed a Trump administration attempt to open up more federal lands to coal mining Friday, The New York Times reported.

Exactly what “federal lands” does the federal government “own” in Montana?  According to Article I, Section 8, paragraph 16, of the Constitution of the united States of America, “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 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; ….”  Other than land for these purposes, the Constitution prohibits the federal government from owning any land it can open to coal mining, create parks, or hold for any purpose.  Yet, the focus is on the continuing friction between the Obama administration and its appointed federal judges and the Trump administration.

The report continued:

U.S. District Court Judge Brian Morris ruled that the Trump administration illegally overturned a moratorium placed on coal mining on federal lands by former President Barack Obama. Obama instated the policy in 2016 as part of his administration’s environmental agenda to cut coal usage.

Judge Morris overlooked Hussein Soetoro’s illegal moratorium on coal mining under the unconstitutional Environmental Protection Agency on illegally, unconstitutionally held lands in Montana by the central government.  The Constitution denies the federal government authority over “environmental” issues, which falls to the authority of each State;  and, the federal government has zero constitutional authority to limit any resource usage in the republic.  But, the focus is on the product of corruption not the corruption itself, which started long before the Hussein Soetoro administration.  As a reminder, the Hussein Soetoro administration initiated and backed policies surrounding the hoax of “climate change”, detrimental to the united States.  However, the inconclusive science at the least and the totally false conclusion that man has caused “climate change” at best continues to elude the masses, including some in the alternative media.

Morris’s decision states that former Interior Secretary Ryan Zinke did not consider the full environmental effects of overturning the coal mining ban and ordered the Department of the Interior (DOI) to redo and expand environmental studies on the matter. The DOI is looking into the court decision before taking further action, The NYT reported.

“Did not consider the full environmental effects of overturning the coal mining ban ….”  No one said anything about the economic effects of initiating a coal mining ban that destroyed jobs, shut down coal-fired power producing plants that affected the electrical grid infrastructure, and fueled a wasteful subsidy to various individual “green energy” schemes – all done by one Barack Hussein Obama Soetoro Soebarkah.  While the illegal, illegitimate, traitorous #44 engaged in activities designed to destroy this republic, every federal judge, federal employee, and member of both chambers of Congress turned a blind eye, remaining silent.  As the federal government, aka both chambers of Congress, prior to the Hussein Soetoro administration, going back at least 100 years, engaged in violations of the Constitution, federal judges, federal employees and citizens of this republic turned a blind eye, remaining silent.  Yet, a federal judge is going to barf on a consequence of constitutional violation, namely selling coal mining leases on land the federal government cannot own.

“Federal Defendants’ decision not to initiate the [National Environmental Policy Act] process proves arbitrary and capricious,” Morris, who was nominated to the federal bench by Obama in 2013, wrote in his decision.

Somehow, Morris doesn’t consider initiating policies based on “junk” science arbitrary and capricious.  However, since those policies were initiated, it now becomes “arbitrary and capricious” not to initiate an unconstitutional process contained within unconstitutional policies.  So, the wheels of the short bus continue to go ’round and ’round.

The next push to overturn Obama’s moratorium on selling coal mining leases for federal land will fall to Interior Secretary David Bernhardt. Bernhardt took charge of the DOI as acting secretary after Zinke left the department in January. The Senate confirmed Bernhardt’s nomination on April 11.

Consider this – one president issues an executive order to do something, but the next president cannot issue an executive order to undo it, according to this judge.  Executive orders are to be used to ensure the laws are faithfully executed, not to perform an end-run around Congress.  Yet, it appears that executive orders or moratoriums of #44 are considered “law” that cannot be changed per Judge Brian Morris.  However, the bigger issue – the constitutional issue, is the federal government’s holding of land that should belong to the State, in this case Montana, in violation of the Constitution.  This is not even being addressed.  If this issue were addressed and the federal government held to the Constitution, this conflict would not be in existence.

The Daily Caller concluded:

Trump campaigned on reviving America’s faltering coal industry to save jobs in the sector as well as promote U.S. energy independence from foreign sources. Environmental activists and Democrats have hampered the administration’s progress, claiming that emissions from the sector are worsening climate change and may do irreparable harm to the environment.

The US should be independent when it comes to our energy sources, not dependent on foreign sources that could be hostile toward this republic.  Moreover, opposition to the US being energy independent through use of our fossil fuel resources cite climate change, which is based on incomplete, faulty, falsified UN IPCC models and falsified data input into the model by so-called scientists and organizations with an agenda anathema to this republic’s founding.

The courts themselves have put up some of the stiffest resistance to the Trump administration’s policies. A federal judge in Alaska struck down two different Trump administration acts in March.

Another violation of the Constitution lost on the American public is Article III, Section 2.  When any public minister or the federal government is involved, the court holding the original jurisdiction in these cases is the Supreme Court – no other minor court.  As Federalist Paper Number 81 states, “The Supreme Court is to be invested with original jurisdiction, only ‘in cases affecting ambassadors, other public ministers, and consuls, and those in which A STATE shall be a party.’ Public ministers of every class are the immediate representatives of their sovereigns. All questions in which they are concerned are so directly connected with the public peace, that, as well for the preservation of this, as out of respect to the sovereignties they represent, it is both expedient and proper that such questions should be submitted in the first instance to the highest judicatory of the nation. Though consuls have not in strictness a diplomatic character, yet as they are the public agents of the nations to which they belong, the same observation is in a great measure applicable to them. In cases in which a State might happen to be a party, it would ill suit its dignity to be turned over to an inferior tribunal.”

As citizens have witnessed, every minor federal court in this republic has issued some type of ruling/decision against the Trump administration and its government agencies.  What’s even more incredible is the administration bowing to these inferior courts that hold no jurisdiction.  It goes to prove that those holding elected positions are illiterate and ignorant of the Constitution.  It begs the question, “how can one uphold, defend and protect the law when one does not know the law?”

According to The Daily Caller, “In one case, the Trump administration negotiated a land swap with a remote Alaskan community so the village could construct a road to the areas only all-weather airport. The second court ruling struck down an order from Trump to revoke a ban on oil and gas exploration in federal waters in the Arctic and Atlantic Oceans.”

The irony of this should not be lost on the US public.  Unfortunately, it will be because no one is addressing the core issue – federal government violations of the Constitution that have fueled these squabbles.  While the focus is kept on the squabble, the citizens ignore the most important factor.  And, the lack of attention the media draws to the federal government violations of the Constitution keeps the public constitutionally illiterate and ignorant.  Some media outlets are controlled opposition while some outlets do not go far enough to unveil the entire issue at hand.

Unless the root cause of the issue is known and fully understood, correction is not possible.  And, one cannot expect the violating body to correct itself.  It hasn’t worked in the past and it isn’t going to work now.  Only the people, who are sovereign over the various levels of government, can correct it by exerting their lawful authority over those who are elected to government positions.  It will require ditching of paradigms and agendas in order to do so.  Let’s hope the American people are not so entrenched in their thinking patterns they can’t change.

Article posted with permission from Freedom Outpost

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