Western States Sheriff's Association Position Paper

[bebe]

This is a MUST READ!!

This refers to the "New Forest Plan" Proposed Rules Changes by the U.S. Forest Service Law Enforcement

WESTERN STATES
SHERIFFS ASSOCIATION
P.O. Box 151169
Lakewood, CO 80215
Telephone: 303-233-1565

www.westernsheriffs.org

Western States Sheriffs Association
Public Lands Committee

Position Paper

Re: Proposed Rules Changes by the U.S. Forest Service Law Enforcement

The members of the Western States Sheriffs Association received official notice of the U.S. Forest Service Law Enforcement proposed rule changes to the code of federal regulation 36 (CFR) 262, 261 and 212 on July 15, 2011
“Issue: The proposed revisions to 36 CFRs 262, 261, and 212 make the Forest Service (FS) regulations more consistent with other land management agencies; clarify the agency’s authority and give it enforcement measures and means commensurate with state law;and update regulations regarding payments for evidence, rewards, and impounding abandoned property.”

The membership of the Western States Sheriffs Association has reviewed the proposed rule changes and believes they exhibit the following:

An absolute disregard for the sovereignty of the individual States.

A disregard for the authority of the Office of Sheriff

A continued inability of the Forest Service to understand the mission and function of its Law Enforcement component.

The impetus behind the rule changes appear grounded in the belief they will create consistency in enforcement across National Forest Lands, provide for greater protection of the public, Forest Service employees and natural resources. This reflects a belief among the Forest Service that they have a greater ability to provide a law enforcement function in the rural and remote areas of our nations counties than is constitutionally apparent.

Leaving the constitutional authority for Forest Service Law Enforcement aside, it is concerning that it believes these rule changes will “clarify the agency’s authority.” This statement is concerning in that the Forest Service is unclear what law enforcement authority they have and yet are attempting to expand that authority to create a modern federal police agency.

This effort is viewed as an unnecessary and unauthorized expansion of federal police powers. The ultimate legal and constitutional authority for the protection of the public and the land within an individual county is vested in the Office of Sheriff. The Roles and responsibilities for the Office of Sheriff are well enumerated within the laws of each State, and the Sheriff possesses the authority to extend enforcement powers as appropriate.

This expansion of powers is also viewed as usurpation on the authority of Office of Sheriff.

It is the position of this committee that the membership of the Western States Sheriffs Association utilizes all appropriate methods and resources to oppose this effort.

Sheriff Dave Brown
Skamania County Washington
Chair, Public Lands Committee
Western States Sheriffs Association
September 21, 2011

This is HUGE!!!

In earlier article it has been uncovered that by recent Court Rulings the Feds are unconstitutionally imposing Laws on the people of these United States without proper Authority!!!

Read: Unraveling of Federal Jusridiction

Snippets from the Document

POLICE POWERS

Getting back to the original issue of the federal government bodies engaging in “police powers” within the States – one of the more important cases, “the court ruled that forest reserves were not federal enclaves subject to the doctrine of exclusive legislative jurisdiction of the United States. Local peace officers were to exercise civil and criminal process over these lands. Forest Service rangers were not law enforcement officers unless designated as such by state authority. The USFS had no general grant of law enforcement authority within a sovereign State.” 19

CONCLUSION

In summation, the Supreme Court has declared the federal government has no authority or jurisdiction over individuals or issues not involving interstate commerce or issues not involving federal territory. Neither Congress, nor the President, can pass laws that govern life or activities within the boundaries of the several States. “Police” powers are not explicitly granted to the central (federal) government and thereby fall within the purview of the 10th Amendment Clause of the Bill of Rights.

As time has passed, Presidents have issued “Executive Orders” (mission creep?) with full intention and expectation they become law. Most recently, President Obama has publicly boasted about “circumventing” Congress to push his agendas to completion. Our Constitution clearly states “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”35
In my humble opinion, this goes to the heart of the problems we face today. Not only has the President ignored the Constitution, but also passed along law making authority to the many federal agencies created over the years. Most of these agencies are writing “Regulations” (without legal authority to do so) and further, enforcing them as law.

The points addressed in this document are not all that require redress, but rather presented to identify violations and disjointed (often overbearing) management of our public lands. The lack of federal “Coordination” and the inaccurate scientific studies to mention two, must also be addressed, as the federal agencies seem to blatantly ignore.

The Moral of the Story - if you live in a Western State, and your Elected County Sheriff is not a part of this action - VOTE THEM OUT!! Get one who will!!!

 

[DJinCO]

Many folks don't understand that the County Sheriff is has jurisdiction over state and city law enforcement authority.

Ever wonder how many LEA's (Law Enforcement Agencies) are attached to the Federal Govt?
We all know about FBI, DEA, etc... Google it... well over 100 agencies with arrest and firearm authority associated with Uncle Sam.
Even in the forest you might have a conflict between Forest Service (Agriculture, USDA) BLM, US Fish & Wildlife and National Park Service (Interior, USDI).

I expect your state has a lot of LEA's also. It's mind boggling.

"We're from the Government and we are here to help..."

:gaah:

 

[bebe]

And it all boils down to the one's we vote in....Imagine, we complain about being sick of our government - and all we need to do is vote in a "Constitutional Sheriff"!!!


[video=youtube_share;_D9_h1NCld4]http://youtu.be/_D9_h1NCld4[/video]

 

[3Hummers]

This has been going on for a long time. Congress and the court system have allowed it to go on. Time for new elected officials and judges.