Pretty much.
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Posted on 01/21/2014 8:19:59 AM PST by Rusty0604
Why is the EPA altering state boundaries in Wyoming - and reversing over 100 years of established law? Well, apparently the city of Riverton now falls under the jurisdiction of the Wind River Indian Reservation.
Wyoming Governor Matt Mead warned of the dangers to all Americans of this type of unilateral land redistribution by the EPA: ...My deep concern is about an administrative agency of the federal government altering a state's boundary and going against over 100 years of history and law.
"This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop?" Governor Matt Mead said in a press release on January 6.
"It is outrageous to me that a regulatory agency has proposed changing jurisdictional boundaries established by history and the Courts. I have asked the Attorney General to challenge this decision and defend the existing boundaries of the reservation.
(Excerpt) Read more at cnsnews.com ...
Wyoming Governor Matt Mead evidently hasn’t studied the Constitution which he swore to protect and defend. Otherwise, he would be able to stop the EPA in its tracks by arguing the following.
To begin with, the Founding States had made the first numbered clauses in the Constitution, Sections 1-3 of Article I, evidently a good place to hide them from politicians like Gov. Mead, to clarify that all federal legislative powers are vested in the elected members of Congress, not nonelected government bureaucrats. So Congress has a monopoly on federal legislative powers whether it wants it or not.
In fact, by unconstitutionally delegating federal legislative / regulatory powers to nonelected bureaucrats like those running the EPA, corrupt Congress is wrongly protecting federal legislative powers from the wrath of the voters in blatant defiance of the statutes referenced above.
And even if Congress had the constitutonal authority to delegate federal legislative powers to nonelected bureaucrats, it remains that the states have never delegated to Congress, via the Constitution, the specific power to regulate environmental issues. So EPA is exercising regulatory powers that Congress doesn’t even have.
What a mess! :^(
So politicians like Gov. Mead deserve to tremble in their boots as a consequence of not taking the responsibility to find out what the under 30 pages of the Constitution actually says about the federal government’s constitutionally limited powers.
The issue has been percolating for decades, and there are conflicting state supreme court decisions. In one case on water rights the city was ruled to be on the reservation and in a criminal case the city was ruled to be off the reservation.
These are both state laws/regs and the decision ultimately needs to be resolved by the federal courts, but they had no way of getting it into federal court.
Now, EPA, DOI, and the Justice dept make a decision revolving around air pollution and the Clean Air Act is federal, which allows them to take it into federal court.
The irony is that the Wyoming politicians didn't have any objections with this until the story went national and the right wing media picks it up, and now the politicians have to change their tune, or they might get unelected by a tea partier. Cheney's daughter might run for their office.
That’s right, thanks for the reminder. So many things happening it’s hard to remember it all.
See post 39
That’s the DC court of appeals, the case is headed for the supreme court. The tribal water rights were established by the supreme court. Just a few months ago the supremes accepted parts of the CO2 pollution case on appeal from the DC court of appeals decision.
My belief is that the Governor’s of these states need to just say no right up front and let the DOJ file a lawsuit. That way only the SCOTUS has jurisdiction not a Federal judge. The Governor tells the EPA and Holder “see you at the Supremes.”
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Thanks for the info.
The day after a state succeeds, it must turn off power and utilities to all Federal buildings in that state. Don’t give the bastards the opportunity.
EPA, HHS, etc are all now the permanent Politburo. Those you vote to send to DC now represent the Party interests instead of the citizens’ of their states.
Time for Wyoming state police to start rounding up fedgov RATZ and putting them in the can.
Pending trials of course.
No bail.
Its da Federal gubmint and they can do whatever they damn well please, be damned what Wyoming law or any other law says.
The governor could refuse, citing that as Treason:
Wyoming Constitution, Article 1, Section 26. Treason.
Treason against the state shall consist only in levying war against it, or in adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court; nor shall any person be attained of treason by the legislature.
You are assuming that the federal government has the authority to alter the borders of the states, it does not:
Art 4, Section. 3.So then, a treaty made not under the authority of the United States is not [nor can it be] the supreme law of the land.
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Treaties that violate the Constitution are invalid
if at first you don’t secede, try try again.
Right; which is what I said.
Pretty much.
| IN THE GRIM DARKNESS OF THE FAR FUTURE THERE IS ONLY GOVERNMENT.
|
|
| The Tao of Republican Orthodoxy [Direct Link] |
The Modern Democratic Party & You [Direct Link] |
As I said, I’m not familiar with the specifics of this case.
But the borders of WY are exactly as they were. As I understand it, the EPA has ruled that certain territory within those boundaries is within, rather than outside, an Indian reservation. I believe this is an issue of sovereignty, not private property rights.
Reservation boundaries have been changed in the past, as a result of lawsuits and otherwise, and no doubt will also be changed in the future. I have no idea whether this particular decision was made properly.
Your Constitution quote isn’t even relevant. Nobody has tried to create a new state or split up an old one.
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