Including Original "Paul H. Letters" Copyright © 1996-2017 Paul V. Heinrich - All rights reserved.



Monday, 24 September 2012

New BLM Rules - Proposition 120

New BLM Rules - Proposition 120

In “New BLM Rules” at
http://six.pairlist.net/pipermail/meteorite-list/2012-September/087388.html
Jim Wooddell wrote,

“In light of these new meteorite rules, the people
of AZ have Proposition 120 to consider. In a nut
shell, it's AZ telling the Feds to go pound sand and
reclaim sovereignty they should have had in the
first place.... which is a states right! Something we
all should seriously look at and consider. I know
politics are vodoo here...so I wont state an my
opinion. It does directly effect meteorite hunting
in the State of AZ. How this plays out will be
interesting, to say the least.”

There is an article about Proposition 120 in:

Proposition Challenges Control Of Federal Lands
Move to seize 25 million acres divides candidates
for Legislature by Pete Aleshire, Payson Roundup,
September 23, 2012.

http://www.paysonroundup.com/news/2012/sep/14/proposition-challenges-control-federal-lands/

The article states:

”Many opponents maintain that the whole crusade
amounts to a waste of time and effort, since federal
courts have repeatedly ruled that federal law takes
precedence over state law and that states have no
power to nullify federal law, including the landmark
Cooper v. Aaron case in 1958. The federal government
acquired much of Arizona from Mexico through the
Treaty of Guadalupe Hidalgo that ended the Mexican-
American War. The federal government acquired the
rest of the territory through the Gadsen Purchase. By
contrast, the 13 original colonies entered the union
with very little public land.

As a result, a number of independent legal scholars
have concluded that the federal courts would quickly
overturn the measure even if it passes, according to
an analysis of the proposition published by the
Morrison Institute for Public Policy.”

Look at:

Perkins, E. J., 2012, Understanding Arizona's Propositions:
2012 Series. Prop 120 – State Sovereignty Act. Morrison
Institute for Public Policy, Arizona State University, Phoenix,
Arizona

http://morrisoninstitute.asu.edu/2012-understanding-arizonas-propositions/2012-prop-120-state-sovereignty-act

I would not hold my breathe waiting for proposition
120 to change matters as far as the BLM goes.

Also, one result of proposition 120 would be to turn
all national parks, including the Grand Canyon, within
Arizona to the state of Arizona, who could then sell
this property to private individuals and corporation
to do what they want with them. Destroying all of the
national park system within Arizona seems to be a
steep price to pay for getting rid of BLM regulations
that people do not like.

Also, you may find state officials no different, or even
worse, than federal officials with which to deal. Be
careful for what you wish.

Best wishes,

Paul H.