After Statehood in 1959, the federal government retained most of the 375 million acres comprising the former Territory of Alaska. Today, approximately 60% of Alaska is still under federal management and control. By contrast, most of the State’s east of the Mississippi comprise less than 1% of federal lands of the total lands within their state borders.
The recent Jim Wilde case in federal district court brought home the fact that after 51 years of Statehood, the State of Alaska’s citizens are being endangered by the federal government with impunity. In Wilde’s case, he, his wife, and a friend were subjected to a threat of the use of unnecessary deadly force by two U.S. Park Service Rangers. His “crime”? When signaled to heave to and be boarded, he headed his boat to shore where he could deal with the Rangers safely. He was manhandled by two heavily armed young men and removed to jail 100 miles west to Fairbanks. Wilde is 71. He was charged with “resisting arrest”. His boat registration was out of date. The Rangers pointed a shotgun and a pistol at him and his passengers to gain “compliance” for the check of registration.
Why was the federal Park Service enforcing boat registration on the Yukon River?
“AS 38.05.126. Navigable and Public Water: (a) The people of the state have a constitutional right to free access to and use of the navigable or public water of the state. (b) The state has full power and control of all of the navigable or public water of the state, both meandered and unmeandered, and the state holds and controls all navigable or public water in trust for the use of the people of the state.”
Clearly, the Yukon River is a navigable waterway, the enforcement of law on which is arguably a jurisdiction of the State, and not that of the federal government.
The Yukon-Charly River Wildlife Preserve is not a national park. Why were armed Park Service personnel on the Yukon River in the first place?
Is the State of Alaska just the approximately 105 million acres conveyed to date under the Alaska Statehood Compact?
Alaska Statehood Compact: “72 Stat. 339 Public Law 85-508: SEC. 2. The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska.”
Sec. 2 of the Statehood Compact shows that the State of Alaska consists of all of the land mass and waters comprising the Territory of Alaska prior to statehood.
With the passage of ANILCA (1980), the federal Fish and Wildlife Service assumed fish and wildlife management over 380,900 square miles of federal lands in Alaska.
The second Hickel Administration (1991-1994) saw the passage of AS 38.05.500-505. In Alaska v. Babbitt, Gov. Hickel attempted to right the affront to the State’s authority over its lands and management of fish and game. AS 38.05.500 was clearly a nullification of what the Hickel Administration perceived as an overreach by Congress into the State’s ownership and authority over the lands in Alaska.
AS 38.05.500. Electorate Determinations: The people of the State of Alaska determine that: (1) the intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states; (2) the attempted imposition upon the State of Alaska by the Congress of the United States of a requirement in the Statehood Act that the State of Alaska and its people "disclaim all right and title to any land or other property not granted or confirmed to the state or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States," as a condition precedent to acceptance of Alaska into the Union, was an act beyond the power of the Congress of the United States and is thus void; (3) the purported right of ownership and control of the public land in the State of Alaska by the United States is without foundation and violates the clear intent of the Constitution of the United States; and (4) the exercise of that dominion and control of the public land in the State of Alaska by the United States works a severe, continuous and debilitating hardship upon the people of the State of Alaska.”
Miner Carey Mills from Fairbanks normally accesses his mining claims near Eagle using the historic 40 Mile Station-Eagle Trail recognized by the State under RS2477 rights of way. The BLM has closed the road in spite of the State’s recognition and historic use. The State has refused to assert its rights in maintaining the use of the trail.
With Governor Parnell’s silence on the Jim Wilde case, and the State’s refusal assert its rights in the Carey Mills case, there is now a complete and utter abrogation of the State’s sovereignty under the Parnell Administration.
Showing posts with label 10th Amendment. Show all posts
Showing posts with label 10th Amendment. Show all posts
Friday, October 28, 2011
Thursday, September 17, 2009
Sarah’s Sovereignty Sound Bite
In a World Net Daily article, Bob Unruh gave Sarah Palin a lot of credit that is undeserved where any defense of the 10th Amendment is concerned. Sarah's sound bite that HJR 27 is so much hot air.
Alaska HJR 27:
“Be it resolved that the Alaska State Legislature hereby claims sovereignty for the state under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
Be it further resolved that this resolution serves as Notice and Demand to the federal government to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.”
Last year, and after her selection as the Republican Vice President candidate, Alaska’s Governor Sarah Palin signed HJR 27. HJR 27 is a good start, but drops the round short of actually giving the federal government notice by law. A resolution does not carry the weight of law. It is merely a showing of intent. Nice PR ploy, but specious, except as a Palin sound bite.
Alaska has law on the books that give the federal government notice of who does what and who manages what on Alaska lands. Alaska’s Statehood Compact is our law, and we also have that law expressed under statute long before Sarah Palin came upon the State political radar.
AS 38.05.500
“The people of the State of Alaska determine that:
(1) the intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states;
(2) the attempted imposition upon the State of Alaska by the Congress of the United States of a requirement in the Statehood Act that the State of Alaska and its people "disclaim all right and title to any land or other property not granted or confirmed to the state or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States," as a condition precedent to acceptance of Alaska into the Union, was an act beyond the power of the Congress of the United States and is thus void;
(3) the purported right of ownership and control of the public land in the State of Alaska by the United States is without foundation and violates the clear intent of the Constitution of the United States; and
(4) the exercise of that dominion and control of the public land in the State of Alaska by the United States works a severe, continuous and debilitating hardship upon the people of the State of Alaska.”
With AS 38.05.500-505 on the books as statutes, not resolutions, why has no governor since Wally Hickel bothered to enforce the State’s rights and act to limit federal imposition and the breech of our Statehood Compact that is ANILCA and the federal management of fish and game on federal lands?
AS 38.05.501:
“(a) The state has exclusive jurisdiction to enforce the provisions of AS 38.05.500 - 38.05.505.
(b) An individual may institute a civil action to recover damages for injury or loss sustained as the result of a violation of the provisions of AS 38.05.500 - 38.05.505 or for the failure of the state to enforce its trust responsibilities to the people of the state.”
With ANICLA, the federal government under Pres. Carter effectively demonstrated contempt for Alaska’s Statehood Compact.
The reality is, that Alaska has not challenged the federal management in court since the last term of Governor Hickel, something Sara Palin was supposed to do and did not. She left a lot hanging that she promised.
Sarah campaigned as the governor to challenge the feds and to pursue restoration of Alaska’s rights under the Statehood Compact. Her record as governor is one of mediocrity.
Sarah has a nice sound bite for her money machine in HJR 27.
Sarah Palin promised to challenge the feds over Alaska’s rights to manage Alaska lands granted by Congress under the Statehood Compact, including ANILCA provisions barring the State from executing rights of way across ANILCA lands.
Where is the substance in our former Governor’s performance as governor of Alaska? What did she do that OUTSIDERS, who have no real idea of her performance, rant and howl in rage over any legitimate criticism of this woman?
What is it? That Sarah is a pretty face? That she has a nice ass? Looks good in red? Speaks the right words? What?
Sarah is a sound bite, not a leader, and she is raking in the bucks off your backs, when the money needs to go to real Republican candidates in congressional races all over the U.S. Not to RINOs like Sarah.
Yes, I still like to listen to Sarah speak out. She says all the right things to push our buttons. That and her resignation from the Alaska Oil and Gas Commission is what sold me on her and gave me reason to hope for Alaska. Unfortunately, the reality of Sarah Palin is something else.
Look at her record. Look at who she appointed as her commissioners. Look at what she said versus what was done. The record speaks for itself. Sarah abandoned the ship, and Parnell is the guy who will be tried at the polls in 2010 for running the State’s economy aground.
Alaska HJR 27:
“Be it resolved that the Alaska State Legislature hereby claims sovereignty for the state under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
Be it further resolved that this resolution serves as Notice and Demand to the federal government to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.”
Last year, and after her selection as the Republican Vice President candidate, Alaska’s Governor Sarah Palin signed HJR 27. HJR 27 is a good start, but drops the round short of actually giving the federal government notice by law. A resolution does not carry the weight of law. It is merely a showing of intent. Nice PR ploy, but specious, except as a Palin sound bite.
Alaska has law on the books that give the federal government notice of who does what and who manages what on Alaska lands. Alaska’s Statehood Compact is our law, and we also have that law expressed under statute long before Sarah Palin came upon the State political radar.
AS 38.05.500
“The people of the State of Alaska determine that:
(1) the intent of the framers of the Constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states;
(2) the attempted imposition upon the State of Alaska by the Congress of the United States of a requirement in the Statehood Act that the State of Alaska and its people "disclaim all right and title to any land or other property not granted or confirmed to the state or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States," as a condition precedent to acceptance of Alaska into the Union, was an act beyond the power of the Congress of the United States and is thus void;
(3) the purported right of ownership and control of the public land in the State of Alaska by the United States is without foundation and violates the clear intent of the Constitution of the United States; and
(4) the exercise of that dominion and control of the public land in the State of Alaska by the United States works a severe, continuous and debilitating hardship upon the people of the State of Alaska.”
With AS 38.05.500-505 on the books as statutes, not resolutions, why has no governor since Wally Hickel bothered to enforce the State’s rights and act to limit federal imposition and the breech of our Statehood Compact that is ANILCA and the federal management of fish and game on federal lands?
AS 38.05.501:
“(a) The state has exclusive jurisdiction to enforce the provisions of AS 38.05.500 - 38.05.505.
(b) An individual may institute a civil action to recover damages for injury or loss sustained as the result of a violation of the provisions of AS 38.05.500 - 38.05.505 or for the failure of the state to enforce its trust responsibilities to the people of the state.”
With ANICLA, the federal government under Pres. Carter effectively demonstrated contempt for Alaska’s Statehood Compact.
The reality is, that Alaska has not challenged the federal management in court since the last term of Governor Hickel, something Sara Palin was supposed to do and did not. She left a lot hanging that she promised.
Sarah campaigned as the governor to challenge the feds and to pursue restoration of Alaska’s rights under the Statehood Compact. Her record as governor is one of mediocrity.
Sarah has a nice sound bite for her money machine in HJR 27.
Sarah Palin promised to challenge the feds over Alaska’s rights to manage Alaska lands granted by Congress under the Statehood Compact, including ANILCA provisions barring the State from executing rights of way across ANILCA lands.
Where is the substance in our former Governor’s performance as governor of Alaska? What did she do that OUTSIDERS, who have no real idea of her performance, rant and howl in rage over any legitimate criticism of this woman?
What is it? That Sarah is a pretty face? That she has a nice ass? Looks good in red? Speaks the right words? What?
Sarah is a sound bite, not a leader, and she is raking in the bucks off your backs, when the money needs to go to real Republican candidates in congressional races all over the U.S. Not to RINOs like Sarah.
Yes, I still like to listen to Sarah speak out. She says all the right things to push our buttons. That and her resignation from the Alaska Oil and Gas Commission is what sold me on her and gave me reason to hope for Alaska. Unfortunately, the reality of Sarah Palin is something else.
Look at her record. Look at who she appointed as her commissioners. Look at what she said versus what was done. The record speaks for itself. Sarah abandoned the ship, and Parnell is the guy who will be tried at the polls in 2010 for running the State’s economy aground.
Saturday, September 5, 2009
Parnell and Alaska's Sovereignty
Maintaining the sovereignty of Alaska in the face of increasing federal encroachment upon State’s Rights is the paramount mission of the Governor. Any federal regulation, law, or edict needs to be strictly reviewed by Gov. Sean Parnell’s Administration with respect to the duties of the federal government under the Constitution of the United States and with respect to the 10th Amendment.
Alaska is not like the lower-48 States. We are isolated geographically from the United States. Unlike Hawaii, Puerto Rico and the other territories of the U.S., notably Guam and American Samoa and the U.S. Virgin Islands, Alaska is not in a temperate climate. Alaska is also at the end of the logistics highway in priorities of any sort, other than locking up our land to please some moron Outside who believes that a lungful of mosquitoes or no-see-ums is preferable to the specter of Alaskans being able to drive to Nome.
Alaska’s lands are locked up. The last land transfer to the Feds was in their favor by over 1,900 acres so that a road could be built between the communities of Cold Bay and Kings Cove. A long standing and very expensive situation that could have been resolved many years ago, but the liberals would rather people die than have access overland by improving an existing trail that predated a federally mandated wildlife refuge. A solution that would have cost maybe a couple of hundred thousand dollars. The trail was passable by 2 wheel drive pickup in the summer and 4 wheeler year round. Instead, the feds built a $30,000,000 clinic in Kings Cove.
Unfortunately, that did not resolve the problem. Some folks just became too ill and had to be medivaced by air to Anchorage. The problem was that even the Untied States Coast Guard, with its HH60 Huskies, would not fly into Kings Cove. The weather made flying in with these state of the art rescue helicopters too dangerous. Nearby (14 miles) Cold Bay had an all weather runway that could accommodate jets. The only alternative was to move the patient to Cold Bay by boat.
After many years of bureaucratic haggling, tens of millions of dollars wasted, the federal government finally agreed to allow a corridor through the edge of the wildlife refuge using the existing trail. The cost to the State of Alaska for this was over 2,000 acres and tens of years of controversy and hardship for those in Kings Cove needing medical evacuation over 14 acres of incursion upon the wildlife refuge, as most of the trail is outside of the refuge.
Land transfers from the long ago Alaska Native Settlement Claims Act (ANSCA) take many years to accomplish, many of which have yet to be resolved. Affecting this seemingly never ending process is the Alaska National Interest Lands Act (ANILCA).
ANILCA lands were overlaid between ANSCA lands and nearby villages, making it impossible for the village corporations to exercise development of their lands. Costly land transfers had to be effected, some of which are still being worked on yet today. Usually, these land transfers are in the feds favor.
ANILCA lands also stand astride many passes in Alaska, making construction of overland roads impossible. Under ANILCA, motorized transport of any kind is prohibited, except for those Natives living on lands adjacent to ANILCA lands. Modifications to ANILCA allowed them to hunt using motorized vehicles.
ANILCA is so restrictive otherwise, that no rights of way for the State were provided for to build any roads through ANILCA lands to connect communities in the State. Even RS 2744 rights of way are meaningless if they cross ANILCA lands. Lose an engine on your airplane and be forced to put wheels down or floats down on ANILCA lands or waters, and you can lose the aircraft to the feds.
ANILCA, enacted during the Carter Administration, have constituted a major impediment to Alaska being able to do what other States have done in developing a rational surface transportation infrastructure. Alaska, because of ANILCA and the federal government taking over management of federal lands, contrary to the Alaska Statehood Compact, is not equal in the Union of States.
I thought our former Governor Sarah Palin would address this issue. She promised that she would fight the unfairness contained in ANILCA. Instead, she formed the Climate Change Sub-Cabinet now managed by a federal EPA employee. Something Gov. Sean Parnell has decided to continue.
Rep. Harry Crawford (D-Anchorage), who announced his intent to run for the U.S. Congress against Rep. Don Young (R), says that ANILCA is established law and precedent. Of course, Rep. Crawford is from Louisiana. Crawford came to Alaska for the Trans Alaska Pipeline construction in 1975. While he may think he is an Alaskan, he is far from it, given his views on ANILCA.
Rep. Young may have aspersions cast upon him from the Dems, he is still Alaska’s best voice and only voice in the congressional House.
The additional restrictions placed upon 190,000,000 acres of federal land by ANILCA are an affront to the sovereignty and dignity of the State of Alaska. ANILCA is a breach of our Statehood Compact.
It is time Alaska, given its recent resolution regarding sovereignty under the 10th Amendment, challenge the restrictions under ANILCA regarding rights of way and the impediments imposed to the development of the State.
Governor Parnell needs to take the bull in Washington by the horns and either gut the sucker, or throw it out of the way so that Alaska can get on with the business of connecting our communities overland, and accessing the resources Congress recognized were necessary to the development of the State in the Statehood Compact.
---CORRECTION MADE 9/14/2009 Cold Bay, not Icy Bay. As many times as I have harped on that situation, one would think that I would get it right.
Alaska is not like the lower-48 States. We are isolated geographically from the United States. Unlike Hawaii, Puerto Rico and the other territories of the U.S., notably Guam and American Samoa and the U.S. Virgin Islands, Alaska is not in a temperate climate. Alaska is also at the end of the logistics highway in priorities of any sort, other than locking up our land to please some moron Outside who believes that a lungful of mosquitoes or no-see-ums is preferable to the specter of Alaskans being able to drive to Nome.
Alaska’s lands are locked up. The last land transfer to the Feds was in their favor by over 1,900 acres so that a road could be built between the communities of Cold Bay and Kings Cove. A long standing and very expensive situation that could have been resolved many years ago, but the liberals would rather people die than have access overland by improving an existing trail that predated a federally mandated wildlife refuge. A solution that would have cost maybe a couple of hundred thousand dollars. The trail was passable by 2 wheel drive pickup in the summer and 4 wheeler year round. Instead, the feds built a $30,000,000 clinic in Kings Cove.
Unfortunately, that did not resolve the problem. Some folks just became too ill and had to be medivaced by air to Anchorage. The problem was that even the Untied States Coast Guard, with its HH60 Huskies, would not fly into Kings Cove. The weather made flying in with these state of the art rescue helicopters too dangerous. Nearby (14 miles) Cold Bay had an all weather runway that could accommodate jets. The only alternative was to move the patient to Cold Bay by boat.
After many years of bureaucratic haggling, tens of millions of dollars wasted, the federal government finally agreed to allow a corridor through the edge of the wildlife refuge using the existing trail. The cost to the State of Alaska for this was over 2,000 acres and tens of years of controversy and hardship for those in Kings Cove needing medical evacuation over 14 acres of incursion upon the wildlife refuge, as most of the trail is outside of the refuge.
Land transfers from the long ago Alaska Native Settlement Claims Act (ANSCA) take many years to accomplish, many of which have yet to be resolved. Affecting this seemingly never ending process is the Alaska National Interest Lands Act (ANILCA).
ANILCA lands were overlaid between ANSCA lands and nearby villages, making it impossible for the village corporations to exercise development of their lands. Costly land transfers had to be effected, some of which are still being worked on yet today. Usually, these land transfers are in the feds favor.
ANILCA lands also stand astride many passes in Alaska, making construction of overland roads impossible. Under ANILCA, motorized transport of any kind is prohibited, except for those Natives living on lands adjacent to ANILCA lands. Modifications to ANILCA allowed them to hunt using motorized vehicles.
ANILCA is so restrictive otherwise, that no rights of way for the State were provided for to build any roads through ANILCA lands to connect communities in the State. Even RS 2744 rights of way are meaningless if they cross ANILCA lands. Lose an engine on your airplane and be forced to put wheels down or floats down on ANILCA lands or waters, and you can lose the aircraft to the feds.
ANILCA, enacted during the Carter Administration, have constituted a major impediment to Alaska being able to do what other States have done in developing a rational surface transportation infrastructure. Alaska, because of ANILCA and the federal government taking over management of federal lands, contrary to the Alaska Statehood Compact, is not equal in the Union of States.
I thought our former Governor Sarah Palin would address this issue. She promised that she would fight the unfairness contained in ANILCA. Instead, she formed the Climate Change Sub-Cabinet now managed by a federal EPA employee. Something Gov. Sean Parnell has decided to continue.
Rep. Harry Crawford (D-Anchorage), who announced his intent to run for the U.S. Congress against Rep. Don Young (R), says that ANILCA is established law and precedent. Of course, Rep. Crawford is from Louisiana. Crawford came to Alaska for the Trans Alaska Pipeline construction in 1975. While he may think he is an Alaskan, he is far from it, given his views on ANILCA.
Rep. Young may have aspersions cast upon him from the Dems, he is still Alaska’s best voice and only voice in the congressional House.
The additional restrictions placed upon 190,000,000 acres of federal land by ANILCA are an affront to the sovereignty and dignity of the State of Alaska. ANILCA is a breach of our Statehood Compact.
It is time Alaska, given its recent resolution regarding sovereignty under the 10th Amendment, challenge the restrictions under ANILCA regarding rights of way and the impediments imposed to the development of the State.
Governor Parnell needs to take the bull in Washington by the horns and either gut the sucker, or throw it out of the way so that Alaska can get on with the business of connecting our communities overland, and accessing the resources Congress recognized were necessary to the development of the State in the Statehood Compact.
---CORRECTION MADE 9/14/2009 Cold Bay, not Icy Bay. As many times as I have harped on that situation, one would think that I would get it right.
Wednesday, May 6, 2009
HR 1913 and S909 violates the 1st and 10th Amendments
"We also need to protect those potential victims who may be the recipients of hateful words or hateful acts, or even violent acts."
—Rep. Sheila Jackson-Lee (D, TX) in support of The Local Law Enforcement Hate Crimes Prevention Act (HR 1913).
According to Rep. Jackson-Lee, a perceived slight may become a federal felony.
Worse is S 909 by Sen. Edward Kennedy and Sen. Patrick Leahy, both paragons of the left. In this bill, all 547 forms of sexual deviancy, including pedophilia, would become protected under the hate crimes gender identification definition.
Every pastor of a Christian church, or Imam of a Muslim mosque, or anyone in disagreement with the agenda of a protected group are now in jeopardy of federal hate crimes charges by perception of speech—whether written or verbal.
Any parent defending a child from leachery and the unwanted advances of a pervert could face federal charges for a hate crime against a pedophile.
There is nothing so repulsive to a Constitutional Republic as legislation that confers privilege, status, or otherwise sets apart from the body national a group for any reason.
The liberal democrat interpretation of what is constitutional has nothing to do with what is stated in the Constitution. To them, the Constitution must be reinterpreted in the context of the winds of political and social change. In other words, the Constitution is what they say it is when they are in power, not what is written.
Witness the use of the derogatory, colloquial “c” word for the female of the species by Paris Hilton to describe Miss California. For some reason, his offense is minor, but her defense of heterosexual marriage is offensive and of “concern” to the liberal press, and certainly hateful speech to Mr. Hilton, who is openly homosexual. Obviously, if one disagrees with him, he can publically insult in the most base manner without fear of condemnation. Under HR 1913, he may have cause to file criminal charges against Miss California and any who agree with her.
HR 1913 contains the threat to silence any speech not approved or otherwise agreeable to those so privileged to enjoy the benefits of HR 1913. S909 will give federal protection to the sexual deviant.
Only in this case, it is not the feds doing the charging, it will be any political subdivision that wants the money and is willing to act to support the liberal pogrom against free speech, the family, our children, Christianity, and the sanctity of the Constitution.
Once again the feds are suborning local law enforcement priorities to meet federal feel good political payback obligations to their lib supporters.
Will there be any real crime against a child, given S909 being so inclusive?
Crimes against children are just not a high enough priority in the liberal anti-family, pro abortion mind to warrant such focus and additional protection under the law.
Apparently, to the democrat majority in the Senate, and the House, there is no crime of sexual deviancy against children. Children are to be used with impunity as sexual toys.
S909 ensures that all children are now in jeopardy and that those so perverse as to attack a child sexually are protected.
What constitutes “hateful words” in the liberal mind?
Anything positive promoting family, religion, unity, patriotism, the sanctity of life, and the preservation of language, borders and culture--as so eloquently stated by Dr. Michael Savage.
It is not the idea of HR1913 that is disturbing. It is the intent of those who formulated the legislation and their counterparts in the Senate. Rep. Jackson-Lee’s comment should scare the living daylights out of all of us, but S909 should cause you to fear for your children.
This is the “change” promised by Pres. Barrack Obama?
Governor Sarah Palin and the Alaska Legislature should immediately pass a resolution reaffirming the Bill of Rights and firmly asserting the 10th Amendment rights of the State.
The federal government has no standing under the Constitution to foment such perversion of the law upon the States.
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