BLM secession

[Statistikhengst]

File under: "you just can't make this shit up".


BLM Secession

Fresh on the heels of the shooting of a BLM agent near the California/Nevada border by a "sovereign citizen" far right activist, Carbon County, Utah, has, I guess you'd call it, seceded from the BLM.

By a unanimous vote, the County no longer recognizes the BLM's authority and any action within the county's borders will be deemed an "AN IMMINENT THREAT" to its citizens. Of course, the BLM has been in the news of late because of the Bundy Ranch standoff, which the Carbon County resolution appears to be inspired by.

Interestingly, Carbon is known as a pretty Democratic county, as Utah goes. It voted for Bill Clinton twice and Barack Obama managed to get 45% of the vote in 2008.

Here is the other main article:

Utah County Declares BLM's Authority 'Is Not Recognized' There

A Utah county passed a resolution this month asserting that the authority of federal agents, specifically those of the Bureau of Land Management, to enforce state or local laws -- even on federal land -- would not be recognized within its borders.

The Carbon County Commission approved the resolution unanimously on June 4.

"Any such attempted exercise of law enforcement powers by an official of a land management agency IS NOT RECOGNIZED by Carbon County," the resolution stated (caps in original), "and shall be deemed AN IMMINENT THREAT TO THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF CARBON COUNTY."...


...The resolution also demanded that any federal agent intending to take a law enforcement action "shall first declare his presence and intended action to the Sheriff of Carbon County."

Here is a link to the county resolution:


Carbon County BLM Resolution

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I am pretty sure this can make for some lively discussion.




Have fun... rail away.... rage against the, well, whatever....


But in order to gird your loins with the "truth", here are some good sources to look at first:


Supremacy Clause - Wikipedia, the free encyclopedia

State vs. Federal Law: Who Really Holds the Trump Card?*|*Lesley Daunt


The Supremacy Clause and Federal Preemption


https://answers.yahoo.com/question/index?qid=20090122003745AAwR4pW

Does state law supersede federal law



US Constitution, Article VI:

Article Six of the United States Constitution - Wikipedia, the free encyclopedia

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

The bolded text is the core of the argument.


At the wiki, some more explanation:

Clause two provides that the Constitution, federal laws made pursuant to it and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.

The Supreme Court under John Marshall was influential in construing the supremacy clause.

 

[Statistikhengst]

My take:


sure, Carbon County can put out any resolution it feels like putting out. Have at it, Carbon County'ers. But it doesn't mean that the resolution will stick.




[MENTION=20412]JakeStarkey[/MENTION] - what do you think?

 

[RetiredGySgt]

BLM has no law enforcement power. The Supremacy clause does not apply. In fact the Federal Government has limited police power. It is NOT a power granted to it by the Constitution. And what it has comes by the power to enforce laws and regulations as needed.

There is no NEED for BLM to have arrest, detention or police powers.

 

[theDoctorisIn]

Is there actually any BLM land in this county?

That's the real question.

 

[Statistikhengst]

Is there actually any BLM land in this county?

That's the real question.

Would it matter?

Maybe they are just being, uh, preventative!!!

 

[Mr. H.]

They better watch it. The EPA will change their name to Carbon Neutral County.

 

[JakeStarkey]

Federal lands do not belong the states according to the articles of statehood.

The said lands have never belonged to the states.

They belong to We the People, and the BLM governs them.

The fed lands in Carbon County do not belong to the citizen there only.

We in Salt Lake City can tell them morally "we don't want you remember the hell out of property we both own."