The resolution requests constitutional
compliance and rejects the BLM's attempt at increasing
its police power beyond the limits of Article 1, Section
8, Clause 17 of the U.S. Constitution.
The clause states that Congress shall have the
power: "to exercise exclusive legislation in all
cases whatsoever, over such district (not exceeding ten
miles square) as may, by cession of particular states,
and the acceptance of Congress, become the seat of
government of the United States, and to exercise like
authority over all places purchased by the consent of the
legislature of the state in which the same shall be, for
the erection of forts, magazines, arsenals, dock-yards
and other needful buildings. "
Public lands activist Ed Presley, who helped
write the resolution, said the constitutional clause
means the federal government only has authority over
lands it purchases with the consent of the states and
that those lands can only be used for federal
"needful buildings. "
The clause limits the federal government
authority to Washington, D.C., and in federal buildings,
such as the post office, Presley said.
The resolution also incorporated a resolution
passed by the county's Public
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Land Use Advisory
Commission, which calls for, among other items, the
arrest of any federal agent attempting to enforce the
proposed rule changes on a charge of impersonating a law
officer.
"No citizen of Elko County, Nevada, may
be subjected to this proposal or final rule now or
ever," says the first resolve of PLUAC's document.
County Commissioner Llee Chapman questioned
the use of the phrase, "now or ever" in the
resolution because of unseen circumstances.
Presley said the county resolution title
statement solves the problem because it prohibits the
"unlawful" conveyance of powers.
Chapman also questioned if the resolution by
itself was enough of a comment, considering a lengthy
document from Eureka County objecting to the proposed
rule changes and advice from BLM officials to make
specific comments.
"There's no reason to comment on over a
hundred pages of gibberish," Presley said.
The resolution also incorporated the theme of
a Jan. 30 Elko Daily Free Press editorial written by Ken
Gray and entitled "Reinventing the Middle
Class"
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