Resolution demanding equal footing.

25LSO-0331
2025
State of Wyoming
25LSO-0331
Numbered
2.0

Senate JOINT RESOLUTION NO. SJ0002

Resolution demanding equal footing.

Sponsored by: Senator(s) Ide, Biteman, French, Hutchings, Laursen, D, McKeown, Smith, D and Steinmetz and Representative(s) Allemand, Banks, Bear, Neiman, Smith, S and Winter

A JOINT RESOLUTION

for

A JOINT RESOLUTION demanding that the United States Congress, in consultation with the legislature of the state of Wyoming, extinguish the federal title in those public lands and subsurface resources in this state that derive from former federal territory, and do so in recognition of the sovereign rights of this state, as set forth in its congressional act of admission into the union, and in recognition of the solemn duties resting upon Congress under the admissions, property, claims, and guarantee clauses of Article IV of the United States constitution so that the state of Wyoming shall, in due course, obtain full admission into the Union of States upon an equal footing with the original states in all respects whatsoever.

WHEREAS, an indispensable element of state sovereignty is the capacity to exercise sovereignty and jurisdiction over the soil within state borders; and

WHEREAS, a constitutional state does not exist in those places where a state's independent sovereignty and legislative jurisdiction do not apply; and

WHEREAS, the original states jealously retained complete sovereignty and jurisdiction over all of the territory within their external boundaries, including unappropriated former British crown lands claimed by the states under both the articles of confederation and the United States constitution; and

WHEREAS, pursuant to the Admissions Clause, article IV, section 3, clause 1 of the United States constitution, new states admitted into the Union of States are admitted upon an equal footing with the original states as to political rights and as to sovereignty, including territorial sovereignty; and

WHEREAS, section 2 of the Wyoming act of admission provides that "The said state shall consist of all the territory included within the following boundaries, to wit: Commencing at the intersection of the twenty-seventh meridian of longitude west from Washington with the forty-fifth degree of north latitude and running thence west to the thirty-fourth meridian of west longitude; thence south to the forty-first degree of north latitude; thence east to the twenty-seventh meridian of west longitude, and thence north to the place of beginning." This section excepts only the lands dedicated to Yellowstone National Park within this border and any lands as may be subsequently added to that park by Congress; and

WHEREAS, under the equal footing doctrine, the new state of Wyoming became entitled to exercise sovereignty and jurisdiction over all of the territory dedicated to its purposes by virtue of Wyoming's act of admission, excepting only Yellowstone National Park and additional lands as Congress may subsequently choose to add to the park; and

WHEREAS, more than forty-six percent (46%) of the surface and more than sixty-nine percent (69%) of the subsurface resources of the state of Wyoming, as described by Wyoming's act of admission, remains under federal "title"; and

WHEREAS, lands and subsurface resources under federal title in the state of Wyoming are subject to a supreme and complete federal political jurisdiction without limitation, analogous to the municipal powers of the state itself, including police power, and also special maritime and territorial jurisdiction under 18 U.S.C. § 7(3); and

WHEREAS, as a consequence of supreme and complete federal political jurisdiction without limitation over the aforementioned forty-six percent (46%) of the territorial extent of the state of Wyoming and over sixty-nine percent (69%) of its subsurface resources, the state can exercise no jurisdiction in those places in a sovereign and independent capacity and, for this reason, this land and these resources cannot be, and have never been, part of the sovereign and jurisdictional state of Wyoming despite the fact that this land and these resources were included, under Wyoming's act of admission, as being lands committed to the purpose of the new state; and

WHEREAS, in order that the sovereign and jurisdictional state of Wyoming may obtain equal footing as to political rights and sovereignty with the original states, to which it is entitled under the Admissions, Claims and Guarantee Clauses of the United States constitution, the federal title in the aforementioned land and resources must be extinguished by Congress in compliance with its constitutional mandate to dispose property under the Property Clause; and

WHEREAS, continued failure on the part of Congress to fulfill its duty to dispose of the aforementioned land and resources has resulted in two constitutional violations including: 1. Congress has admitted into the Union of States an entity that is less than and different in dignity or power, from those political entities which constitute the Union, and 2. Congress is exercising over the aforementioned land and resources of the state of Wyoming a form of government that the United States Supreme Court has termed "repugnant to the constitution" and that is notoriously denied to the United States under the Tenth Amendment of the Bill of Rights.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:

Section 1.

That the members of the Wyoming legislature commit to upholding article IV, section 3, clause 2 of the United States constitution and Wyoming's act of admission.

Section 2.

That the members of the Wyoming legislature demand that Congress confirm to the Wyoming Legislature, on or before October 1, 2025, its intent to dispose of the federal title in the aforementioned land and resources and its intent to do so in a manner as to subserve the long withheld sovereign interests of the people of the state of Wyoming.

Section 3.

That the members of the Wyoming legislature recognize this state's firmly established and popularly supported public land culture and economy that are integral to the state of Wyoming and therefore propose that the lands above mentioned be disposed of to the state of Wyoming and, thereby, be maintained as state public lands.

Section 4.

That the members of the Wyoming legislature recognize that the state of Wyoming has authority to absolve Congress of its constitutional duty to dispose of any portion or all of the former territorial lands remaining within this state's borders.

Accordingly, this legislature expresses its willingness to negotiate cession to Congress of the state's sovereign jurisdiction over any lands that may be mutually recognized as of national interest.

Section 5.

That the secretary of state of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to each member of the Wyoming Congressional Delegation.

(END)

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