Monday, February 02, 2026

What would have happened if America’s Founding Fathers had, with something like the “Mining Ordinances for New Spain”, concocted runaway statism?

“The Ordinances of San Lorenzo”, issued in Spain by Felipe II in 1584, incorporated all mines into the royal patrimony. 

These remained in force in America under Spanish dominion until 1783 when they were repealed by the "Mining Ordinances for New Spain", promulgated by King Carlos III. These stipulated that "The mines [including bitumens or earth extracts] belong to my Royal Crown."

1829, Simon Bolívar, Venezuela's “Liberator”, issued a Decree that tacitly established that the mines passed from the Spanish Royal Crown to the domain of the Republic... whose government grants them in ownership and possession to the citizens who request them, under the conditions expressed in the Mining Laws and Ordinances, and with the other provisions contained in this decree." 

As if to reaffirm their origin, the Congress of Venezuela, in the Law of 1832, resolved: "in accordance with the Decree of October 24, 1829, the Ordinance that shall serve as a rule for the Government regarding mines, is that of New Spain of 1783.

And from there, to the Constitution of the Bolivarian Republic of Venezuela of 1999.

Article 12. Mineral and hydrocarbon deposits, whatever their nature, existing in the national territory, under the seabed of the territorial sea, in the exclusive economic zone, and on the continental shelf, belong to the Republic, are public domain assets, and are therefore inalienable and imprescriptible. The seacoasts are public domain assets.

Article 302. The State reserves for itself, through the respective organic law, and for reasons of national interest, the oil industry and other industries, exploitations, services, and assets of public interest and strategic importance. The State shall promote the national manufacturing of raw materials derived from the exploitation of non-renewable natural resources, in order to assimilate, create, and innovate technologies, generate employment and economic growth, and create wealth and well-being for the people.

Article 303. For reasons of economic and political sovereignty and national strategy, the State shall retain all the shares of Petróleos de Venezuela, S.A., PDVSA or of the entity created for the management of the oil industry, with the exception of those of its subsidiaries, strategic alliances, companies, and any other entity that has been or may be established as a result of the business development of Petróleos de Venezuela, S.A. PDVSA.

Since then all Venezuela’s natural resources, oil, gold, rare earths and other, have been owned by Venezuela’s government, de facto empowering whoever are in command of it, to be the redistributors of all the revenues this nation derives from the exploitation of its natural resources.

What would have happened to the United States, if America’s Founding Fathers had concocted similar Statism?