oped: First and foremost:
The Supremacy Clause does not declare that all laws passed by the federal government are the supreme law of the land. Here is the entire clause: “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”
Notice the part that reads, “laws of the United States made in pursuance" of the Constitution. This basically says that all laws and treaties must first be constitutional in order for them to be valid and the supreme law of the land, in pursuance thereof, not in violation thereof.
So does the constitution permit the federal government to own land? Yes it does, but there are very strict limitations. Our founding fathers were very specific concerning federal ownership and control of land. Article I, section 8, clause 17 of the U.S. Constitution gives the feds control of 10 square miles of Washington DC. It further states that land within the boundaries of a state may only be acquired if they first have the consent of the state legislature. The federal government is limited in it’s acquisition of land to four purposes, military forts, arsenals, dock-yards, and other needful buildings. Nowhere in the constitution does it grant the federal government the power to “own” millions of acres. The so called "public lands" that they currently control must be returned to the states.
In reality under the US Constitution the US Government/ Congress/POTUS has zero authority to declare carte' blanche state lands to be under control/ownership of the US government with the exceptions stated above... the clue being limited! Can the POTUS declare National Monuments? Yes he can, but that is only by EO and the placing of a monument declaring the area is recognized as a Historical Monument, but by know means gives the federal government ownership nor control of same unless the states legislature gives it to them with the approval of the electorate via a state bill!
President Barack Obama decreed two more national monuments from his vacation home in Hawaii on Wednesday, taking 1.65 million more acres of Western land for management by the federal government.
The new Bear Ears Buttes monument includes 1.35 million acres of Utah and the Gold Butte monument includes about 300,000 acres in Nevada.
That makes a total of 553 million acres of national lands and waters that Obama has repurposed for conservation and protection using the 1906 Antiquities act, more than any other president, according to the New York Times. More than 80 percent of Nevada and about 65 percent or Utah is owned by the federal government, according to National Public Radio.
Utah Republican leaders in Congress were furious after Obama decided to designate the controversial Bear Ears monument.
“This arrogant act by a lame duck president will not stand,” Utah Republican Sen. Mike Lee responded in a statement. “I will work tirelessly with Congress and the incoming Trump administration to honor the will of the people of Utah and undo this designation.”
A November poll of Utah residents showed that 60 percent were opposed to the idea and only 33 percent supported it.
Congressman Jason Chaffetz was also furious.
“The midnight move is a slap in the face to the people of Utah, attempting to silence the voices of those who will bear the heavy burden it imposes,” he wrote, calling Obama’s actions a “major break with protocol” because it did not have the support of Utah’s Governor, the state’s Congressional delegation, nor local elected officials or state legislators who represented the area.
Obama has used his power to create 29 separate national monuments, using the Antiquities Act, but the Washington Post reports that he is expected to create one or two more in order to match or beat Franklin D. Roosevelt’s record of 30 designations.