by Sarah Foster
Two months ago Gil Gilbertson, the sheriff of this rural county in southern Oregon, drafted a 10-page report exploring the origins and extent of federal power within a state and emailed his findings to various parties, asking for comment. Since the report was in rough-draft form he was somewhat surprised that it went viral, but it shows there are a lot of people hungry for information about how much power (particularly law-enforcement power) the federal government actually wields within a state, where that power comes from, and the limits to that power. Gilbertson continued his research and recently completed a 13-page revised and updated version, retitled: Unraveling Federal Jurisdiction within a State. It is highly footnoted with references to statutes and court decisions. This a “must read” for anyone concerned about infringements against the 10th Amendment and federal encroachments in general – like road closures, Wild Lands and Monument designations, mining and other resource uses. In other words, this is for anyone and everybody with an interest – no matter how casual -- in accessing the public lands, either as a “resource user” (a rancher or miner) or simply a casual vacationer who enjoys weekend camping. “If you’d told me two years ago that I would be writing such a document, I would have probably walked away from you shaking my head,” the sheriff notes in the introduction. “This paper is a result of a clash with the federal [U.S. Forest Service] law enforcement in this county, from citizens complaining of what can only be described as harassment and violations of their rights,” he explains. “The first time I approached the USFS the door closed regarding any discussion. The USFS advised me to file a Freedom of Information (FOI) request. “ Eventually Gilbertson was able to discuss the issue with the Forest Service. “Most of my questions were answered except for one: Where does the USFS’s authority come from? (bold-face in original). The answer(s) were surprising.”...
No comments:
Post a Comment