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RESOLUTIONS
In its first resolution, the Apache County Board of
Supervisors asserted the Countys exclusive authority
over certain roads, rights-of-way and routes of travel
on lands managed by the U.S. Forest Service or Bureau
of Land Management. Here are a few excerpts:
NOW THEREFORE, hereby be it resolved that
The Board of Supervisors of Apache County hereby
asserts its inherent right to control and manage the
roads, rights-of-way and routes of travel located
within the United States Forest Service land and
Bureau of Land Management land located within
the boundaries of Apache County but not located on
any nationally recognized Indian reservation, tribal
trust land, or otherwise located on Indian Country;
and ...
BE IT FUTHER RESOLVED that any existing
physical obstructions, gates or other impediments
on any roads, rights-of-way or routes of travel
located on National Forest Service or Bureau of
Land Management lands be immediately removed.
The Apache County Sheriff is directed to ensure the
removal of such obstructions or to execute such
removals at the expense of the persons or agencies
responsible for their placement or maintenance.
Placing or maintaining any unauthorized physical
obstruction, gate or other impediment on, in or
around any road, route of travel or right-of way in
Apache County as described herein so as to prevent
or impede the free use of that road, route of travel
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SUCCESS!!!
The County was not bluffing. It acted upon its
resolutions. Here are information and photos about the
first project, and a related press release. The program
was a huge success, one in which the entire community
participated and benefitted. The number of sawmills,
for example, increased from zero to six. A second,
much larger project is underway.
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Sovereignty
We Are A Federation,
Not A Nation
We The People, as sovereigns, established a
federation of States (nations, countries, if you will) that
would jointly work together on certain enumerated
matters of mutual concern. A congress was established
wherein representatives from these sovereign nations
could come together to discuss and resolve these issues.
We are a federation, not a nation. The proper use is
the United States of America are not the United
States of America is. This is a critical distinction,
because it defines the war that has been waged since
our nation was founded: decentralized government and
personal freedom, or a centralized and ultimately
totalitarian government.
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Government By
Consent Of The Governed
Ours is a constitutional government, that is to say, a
government of the People, by the People, and for the
People.
The Constitution For The United States was a
declaration by The People, not a two-party contract. It
did not require the consent of the federal government
which it created. We gave the federal government life,
and it has no authority or legitimacy beyond that which
we delegated to it. These limitations are affirmed by
the Ninth and Tenth articles of the Bill of Rights. We
reserved the right to amend or abolish our central
government as we deemed necessary.
Article I of the Constitution defines the legislative
authority of Congress. It is from its legislative
authority that all powers ofand limitations onthe
central government arise. The remaining articles are
there to enforcenot expandthese enumerated and
limited duties.
Articles II and III establish Executive and Judicial
branches to carry out those duties and to protect against
abuse.
Private Property
Prior to our formation, feudalism had been one of the
primary means of control. Land belonged to the king.
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MARXISM
Opposition to freeholds and freemen did not end with
the Revolutionary War. Rather, the tyrants continued
their pursuit of controlling the world and everyone in it
through stealth, deception, and new forms of
weapons that would not be recognized as such.
Karl Marx, for example, published The Communist
Manifesto in 1848. He understood subjugation of the
People required centralized control of the means of
production, most notably land. According to Marx:
...the theory of the Communists may be summed
up in the single sentence: Abolition of private
property.
And the abolition of this state of things is called by
the bourgeois, abolition of individuality and
freedom! And rightly so. The abolition of bourgeois
individuality, bourgeois independence, and
bourgeois freedom is undoubtedly aimed at.
CALIFORNIAS CONSTITUTION
Californias Constitution affirms the right to property.
All people are by nature free and independent and
have inalienable rights. Among these are enjoying
and defending life and liberty; acquiring,
possessing, and protecting property; and pursuing
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ARTICLE IV
Article IV of the Constitution discusses the relationship
of the federal government to the States, the territories,
and U.S. possessions.
Article 4, Section 3, Clause 2 gives the central
government the authority to make needful rules and
regulations over the territories and U.S. possessions.
The territories have been converted to States on an
equal footing, and thus are not of current consideration.
Constitutional Constraints
The Constitution tightly constrained which landsand
for which purposesthe federal government would
control.
ARTICLE I
Article I, Section 8, Clause 17 is one of the most
important, and most abused clauses in the Constitution.
It limits the federal governments control over our
lands to only two purposes.
1) 10 square miles for the seat of government by
cession of the respective States, and
2) the purchase of State lands, with consent of the
respective States, for the construction of facilities
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MUNICIPAL LAW
The term used for legislation that governs the internal
affairs of a sovereign state is called municipal law, as
contrasted to international law that governs the
interrelations of sovereign states. Federal laws that
pertain to the Federal Zone are municipal, not general
laws. Federal laws regarding the protection of person
and property are municipal laws and apply only within
the Federal Zone. In fact, all federal laws are presumed
to be municipal laws unless clearly stated otherwise.
...within any state of this Union the preservation of
the peace and the protection of person and property
are the functions of the state government, and are
not part of the primary duty, at least, of the nation.
The laws of congress in respect to those matters do
not extend into the territorial limits of the states, but
have force only in the District of Columbia, and
other places that are within the exclusive
jurisdiction of the national government.
Caha v. United States, 152 U.S. 211, 215 (1894)
THE DECEPTION
The central government, therefore, wears two hats.
Congress passes general legislation that applies to all
States. These laws must comply with the U.S.
Constitution. Congress also passes municipal
legislation that applies only to the Federal Zone.
Remarkably, the federal courts have adopted the
position that Constitutional limits do not apply to
federal municipal lawthus, creating a Federal Zone
that is not bound by the very Constitution designed to
constrain it. Houdini slipped out of his straight jacket.
By the federal governments interpretation of exclusive
legislation to mean free of Constitutional
constraintsan interpretation continued into the 14th
Amendment that pulled people into the Federal Zone,
not just landa parallel but unconstrained second
nation was created.
Both nations are called the United States. That is
because the term United States is used to describe three
different things: 1) the sovereign 50 States, 2) the
Federal Zone, and 3) the combination of two.
Likewise, both sets of laws are called laws of the
United States, without making a distinction between
the two.
In fact, we have two radically different types of
legislation being intermingled by one Congress, one
President, one Federal Register, one United States
Code, one Code of Federal Regulations, one set of
courts, and one description. It is no wonder the People,
our representatives, and even government agents are
deceived into accepting federal municipal laws as the
law of the land, when they are not.
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Eminent Domain
Next we will discuss eminent domain. This is another
area to be challenged. Federal, State and local
governments are increasingly regulating and otherwise
controllingeven dictatingthe use of private
property as if they had this right under eminent
domain. They even go so far as to assert development
of ones own land is a government-granted privilege,
not an unalienable right.
Who has eminent domain? Consider the following:
Time To Unite
There are at least five different approaches being
pursued to gain control over the management of our
lands. They are divided into two categories.
CATEGORY A
Statehood is the approach being taken by Utah, and
being considered by several other States. This approach
seeks the return of public lands, the premise being
public lands belong to the federal government, not the
People of the respective States.
Separation seeks to create new states from existing
states to insure rural Americans are represented. This
approach is being pursued by certain counties in
Colorado, California, and Oregon.
Coordination is the legally-mandated requirement of
the federal government to conform its plans with those
of the local communities and counties. Those pursuing
this approach seek to force government to comply with
its own laws and regulations, such as the requirements
of the National Environmental Policy Act (NEPA).
Federal Legislation is yet another approach being
pursued. The goal is to amend the harmful and
detrimental sections of the Endangered Species Act,
Equal Access to Justice Act, Clean Air Act, Clear
Water Act, and similar legislation.
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CATEGORY B
A UNIFIED STRATEGY
A unified approach is proposed that requires the
advocates of each approach to study and incorporate
jurisdiction as a fundamental part of their strategy.
Once this is done, I believe others will conclude, as I
have, that jurisdiction by itself accomplishes most of
what is being sought.
In Summary
Step 1: Counties have the authority and the duty to
immediately begin the proper management of the
public lands within their county borders, including the
so-called federal lands. There is no need for the
consent of state legislatures or governors, the federal
government, or the courts. There is no need to file
lawsuits, spend millions of dollars, or wait 10 years for
judicial determination. There is no need for new or
amended legislation. The only requirement is a
Constitutional CountyTM with representatives that
understand the Constitution and uphold their oaths to
protect and defend it.
Step 2: Challenge federal jurisdiction.
Learn More
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