Back to Basics

Another attack on states rights. Maricopa County is fortunate to have a sheriff willing to do the  job he was ELECTED to do and stand up to the bullying and threats from the Obama administration and the DOJ.

NEWS RELEASE from www.msco.org

Date: April 3, 2012
DOJ TO SHERIFF ARPAIO: “MONITOR ABSOLUTELY MANDATORY”
ARPAIO TO DOJ: “I WILL NOT SURRENDER MY OFFICE TO THE FEDERAL GOVERNMENT”

(Phoenix, AZ) A series of meetings between representatives for Maricopa County Sheriff Joe Arpaio and the U.S. Department of Justice were slated to begin tomorrow to discuss ways to resolve allegations of racial profiling by Sheriff’s employees.

But hours before the first meeting, Deputy Assistant Attorney General Roy Austin of the Department of Justice’s Civil Rights Division called Arpaio’s attorneys with an ultimatum. Austin stated that it was absolutely mandatory for the Sheriff’s Office to agree to have an outside monitor otherwise there is no reason for further meetings.

Appointment of an outside monitor essentially usurps the powers and duties of an elected Sheriff and transfers them to a person or group of persons selected by the federal government. Every policy decision, every operation, every new program in the jails and in enforcement, virtually everything would have to be approved by the monitor, nullifying the authority of the elected Sheriff and eviscerating the will of the citizens of Maricopa County.

“I am the constitutionally and legitimately elected Sheriff and I absolutely refuse to surrender my responsibility to the federal government. And so to the Obama administration, who is attempting to strong arm me into submission only for its political gain, I say, ‘This will not happen, not on my watch!’”

Sheriff’s Deputy Director and Attorney Jack MacIntyre says a federal monitor is the most extreme proposal, particularly in light of the fact that the federal government has refused to provide any details or proof as to how they came to the conclusion that Maricopa County Sheriff’s Office employees engage in patterns and practices of racial profiling as well as other unsupported claims that the DOJ has widely publicized.

MacIntyre stated “We have never agreed to a monitor replacing the duly elected Sheriff. We have always been open to negotiating these issues raised by the DOJ, but never the appointment of a monitor.” END

Writing for World Net Daily, Bob Unruh reports a refreshing story of how individual sovereign states are beginning to push back against federal overreach. Unruh writes, “State and local officials in surging numbers are telling Washington they simply won’t cooperate with any plans to detain Americans the federal government may choose to describe as ‘belligerents.’

“The issue centers on provisions in the National Defense Authorization Act of 2012, signed by President Obama, for the indefinite and rights-free detention of those Washington cites as belligerents, whether American citizens or not.

“WND reported when Rep. Daniel P. Gordon Jr. immediately drafted a resolution in the Rhode Island legislature to express opposition to the sections of the NDAA ‘that suspend habeas corpus and civil liberties.’

“Now the Tenth Amendment Center confirms that the resistance to the federal bureaucracy is catching on.”

Unruh continues, “‘Sources close to the Tenth Amendment Center say as many as 10 states will consider legislation or resolutions in response to the detention provisions in section 1021 and 1022 of the NDAA,’ the organization is reporting. ‘Lawmakers in Rhode Island and Washington will likely introduce resolutions authored by the Rhode Island Liberty Coalition within the next week. Additionally, local governments, including Fremont County, Colo. and El Paso County, Colo., have passed resolution condemning the detention provisions.’

“Tenth Amendment Center executive director Michael Boldin commented that ‘federal politicians never seem to repeal federal law.

“‘It’s going to take “We the People” in our states to stand up and say, “No!” to this unconstitutional monster,’ he said.”

Unruh goes on to report, “Already, Virginia Delegate Bob Marshall, R-Manassas, has introduced HB 1160, which would prevent ‘any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency or the armed forces of the United States in the investigation, prosecution, or detainment of a United States citizen in violation of the Constitution of Virginia.’”

“Mike Maharrey, communications director for the TAC, said the fight is shaping up like the conflict in the 1850s when northern states refused to cooperated with fugitive slave laws that required them to capture and return escaping slaves.

“‘It is clear to me, and I am far from alone in this view, that the detention provisions in the NDAA are vague, overbroad and open to interpretation,’ he said. ‘That leaves me to trust in the good character and moral clarity of Barack Obama, Rick Santorum or whoever happens to reside at the White House, to protect me and my fellow Americans from abuse of his power. No thanks.’

“Maharrey noted that during the latter days of slavery, ‘state and local governments in northern states stepped in and thwarted the enforcement of the Fugitive Slave Acts, which allowed the federal government to arrest and detain black people, and send them back into slavery with little or no due process.

“‘We laud these men and women as heroes,’ he said.

By Larry Pratt

GOA member Dr. Ray Seidel alerted me to the stirring of freedom that is taking place in his village of Ruidoso, New Mexico. I have already reported on the first battle with Mayor Ray Alborn and how he tried to impose an unconstitutional gun ban in the village. To get the full story of what happened in Ruidoso, you can go here and listen to my first debriefing session with Seidel.

I recently interviewed Dr. Seidel a second time on my Gun Owners News Hour weekly radio program and asked him about several acts of local interposition in the surrounding counties — all of which underscores the importance of the office of the sheriff and the militia.

For example, over near Deming, New Mexico is the Gila National Forest. The c wanted to make almost all of it off limits for people — until the militia of Luna County intervened. They told the feds that they would resist any effort by the Forest Service to restrict access to visitors. The result? Visitors have continued to access all of the Gila National Forest!

In the Southeast corner of the state, many landowners have working oil wells on their property. The EPA told the oil operators they would have to stop operating their wells because there was too much risk of harming the environment. At a town hall meeting convened by the EPA, a woman in her 60s rose to address the feds. She pointed out that her land had been in her family for over 200 years, and she was not about to let some official from an unconstitutional bureaucracy tell her what she could or could not do with her land.

The woman ended by warning the feds that her family has many guns and a huge supply of ammunition, and they would use all of it if needed to keep the EPA off of their land. The locals who had packed out the hearing room jumped to their feet with a shout and prolonged applause. That was in August of this year. As of November, oil is still being pumped at full tilt.

In Otero County, villages in the mountains are surrounded by forests. The county commission voted to establish an 80,000 acre plan to manage forest overgrowth. Residents wanted to cut fire breaks to protect their homes in Cloudcroft, but the Forest Service said, “No.” The residents responded that they had to for safety’s sake and were going to construct the fire break in spite of the Forest Service. Residents were told that if they cut down any trees, they would be arrested. But Sheriff Raymond Cobos told the Forest Service that if they made any arrests, they would be arrested for false arrest.

Not only were the trees cut down with no opposition from the feds, the first tree was cut down by Congressman Steve Pearce (R-2ndDistrict). Would that there were many more like Rep. Pearce. The folks in the Second District are blessed with a constitution-supporting congressman and a number of constitutional sheriffs backed by the militias of their counties. This is the way that local governments can push back and help the feds to live within the limitations that have been placed upon them in Article 1, Section 8 of the U.S.

Here’s the truth about Obama’s “jobs bill”.

The Jobs Bill is not about creating jobs, but surrendering States’ Sovereignty.

Under Sec.376, States receiving any Federal funding whether Medicaid, Medicare, Tuition, FEMA, etc. will now surrender its Sovereignty under this new Jobs Bill.

Surrendering Sovereign Immunity allows states to be sued by anyone recognized by the Federal Government.

Interesting that Hilda Solis has been advocating the rights of illegals and now this Jobs plan forces states to yield its sovereignty to be sued. It is also likely Labor Unions could invoke this requirement to supersede Right to Work and force unionization of state agencies and businesses.

Is this a Jobs Bill or a bill to expand Federal power via DOJ, DOL, and others members of the Federal Family?

SEC. 376. FEDERAL AND STATE IMMUNITY.

(a) Abrogation of State Immunity- A State shall not be immune under the 11th Amendment to the Constitution from a suit brought in a Federal court of competent jurisdiction for a violation of this Act.

(b) Waiver of State Immunity-

(1) IN GENERAL-

(A) WAIVER- A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by (123) an employee or applicant for employment of that program or activity under this Act for a remedy authorized under Section 375(c) of this Act.

The Jobs Bill pdf can be read here.

Write your Senator and Representative. Remind them that the U.S. is a republic composed of sovereign and independent republics. It’s called “United” States for a reason. Send this bill to the shredder.