Remember that big NDAA flap?

[santahog]

I think there's something to the primacy of the Sheriffs, or local/State authority, and I'll tell you why..
First, in principle, there would be no need for local legislatures if Fed law was the end of the discussion.
Second is something that we all saw just a few years ago, which was KELO. That was a State issue that used the Constitution to justify what happened, taking of land for "for profit" commercial use. SCOTUS ruled and States all around the Country made laws to prevent the precedent from being used as law/justification to do it in theirs.
Another is all the States and communities that responded to the gun confiscations after Katrina by changing laws to prevent that from happening again.
Those aren't carbon copy examples but the principle is the same, from the reactions I see in response to it. The same people reacting to the NDAA statutes are the same ones that reacted to the other two examples.
I'm not trying to be snotty with you when I bring this up. I just don't see any cases where restraint has been built into the laws that are meant to "keep us safe". (Read PATRIOT Act, et al.) Police/government are by nature heavy handed. That's the reason that 3rd through 10th Ammendments are there in the first place. It's the reason the 2nd is the last resort check on Government power abuses against the people. It's the reason that this ongoing struggle for Government power over the sovereignty of the individual gets discussed here.
I don't think that acting like Federal legislators are college professors/nobility while VA legislators are a bunch of mongrels/Seventh Graders is realistic.
The Executive Branch is moving daily to criminalize American Liberty, via backdoor "rules and regulations" rather than laws, because we don't have such ready access to that information. We can find it if we know where to look, but do we, and are you personally looking in the right places? You or I aren't there to see and read them. The Congressional record is on top, and total garbage gets passed through there every day with discussion or even unanswered question in the press.
Intentionally vague rules and regulations are intentional license to do wrong. Asking the Government to regulate itself is no different than asking the Union or ACORN to regulate itself. Why are they continually coming after the guns in the first place?
I don't trust them, and State government is a hell of alot more responsive to the concent of the governed that the Federal government is.
The new IRS regs say that if you owe more than 50K, and I don't mean that it is demonstrated, just that youre accused of it, that you lose your Passport and guns. I don't know if you've bene audited but I've been there twice, and my former wife once. All three times, the IRS said that it lost my returns, but that I owed money anyway. I beat them both times on appeals but how does that happen when the Government is required to have proof before making an accusation?
I don't trust the vagueness or intentions of the Government, and neither should you..

(Hit "Post" and get it over with... Grumble, grumble..)

[tombogan03884]

Federal law supersedes State law.  For one idiot proof example where federal troops were used to back that up you need only look at Little Rock in the 50's.
This is very basic civics, this dispute should not be happening.   

[santahog]

Then how can the ATF not have juristiction in Waco? You pointed that out in another thread, and you were right. If the Fed is supreme, then the ATF had every right to do anything they wanted to.

[santahog]

I haven't mentioned this before, though I have admired it, but this is one of the better signature lines I've seen, and maybe even relevent to the conversation..

"Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters."
— Daniel Webster"

[twyacht]

I knew I posted this before here....

The Tree Party....In New Mexico....Fed Agents threatened to arrest a NM Congressman for violating a prohibitive tree cutting order.

The Local Sheriff threatened that if an arrest was made, he would arrest them for kidnapping....The Feds backed down....

http://sangabrielmnts.myfreeforum.org/archive/tree-party-sheriff-trumps-forest-service__o_t__t_4234.html

snip
   
Tree Party - Sheriff Trumps Forest Service
From the Tenth Amendment Center:

"...Otero County [New Mexico] decided to put the State law to thin out the forests to the test and notified the feds.  The US Forest Service threatened to ARREST Congressman Steve Pearce and Otero County Commissioners!  Otero County Sheriff Benny House reportedly advised the feds that if they made any arrests, he would then arrest the feds on kidnapping charges.

On September 17th, keeping his Oath of Office to the Constitution and the People, Sheriff Benny House and his SWAT Team protected the tree cutters.  The feds backed down!  The feds were absent from the Tree Party Rebellion.  This is because within the county, the sheriff is the highest law enforcement authority in the land.

Cheers, New Mexico!!  The model that New Mexico and Sheriff House established can be replicated in other states when the feds overreach their authority."

From Townhall dot com:

"Communities all over the country feel that their hands are tied with one-size-fits-all DC Brand Red Tape. The rules and regulations prevent them from doing what is best for their specific circumstances. The situation has escalated to the point where elected officials are now taking charge to do what is local and logical.

What took place this weekend in the rural New Mexico town of Cloudcroft could become the model for all who want to cut the red tape. Hundreds of people were at what is being called the “Otero County Tree Party” in support of realigning the federal government and putting them back where they belong.

Ten years ago, the New Mexico State Legislature passed SB1, which was signed into law by then-governor Gary Johnson. The legislature overwhelmingly voted for it, believing that it was a necessity borne out of “Uncontrollable, but preventable wildfires, and unresponsive federal agencies.” The Forest Service’s (USFS) inaction to reduce or remove the fuel buildup put “the lives and property of the citizens of New Mexico” at risk. 

SB1 exerted local sovereignty over public lands. But it had never been tested.

Then, in 2011, the Wallow and the Las Conchas Fires left severe economic and social impacts—much like the 2000 Los Alamos Fire that prompted SB1.

For the past decade, the folks in Otero County have been trying to work with the USFS to solve the problem of the Lincoln National Forest. It was unhealthy, like a tinderbox. Each time the county leadership thought the members were making progress with the Forest Service officials, the officials were transferred. The stall tactics worked until the summer of 2011, when the county declared a state of emergency.

[Sponsor]

[tombogan03884]

That is only a "dept. policy" or "regulation", not a "Law" properly passed by Congress.

[jnevis]

It all boils down to jurisdiction.  Just because it's Federal land doesn't mean that Federal LEOs have authority over everyone on it.  A Navy base is a good example, since I did this everyday for three years.  As Military Police we only had arrest powers over military members, not dependants or civilians, partly due to Posse Comitatus. When a construction worker was found to have a large stash of weed, we couldn't arrest him.  We had to detain him and wait for the local Sheriffs dept to take him. Same thing with a 18 y/o dependant DUI.  On the other hand Kings Co SO and CA Highway Patrol could come on base and run radar if they wanteed to since our base was considered "concurrent jurisdiction".  Other bases (San Diego) had "exclusive jurisdiction" on certain parts that ONLY a DoD (who do not fall under Posse Comitatus) or Military LEO could arrest on. Federal LE agencies have VERY tightly delineated arrest powers.  That's why you will fiind a lot of the big arrests are actually Task Forces of multiple agencies, including locals.  FBI, ATF, DEA et al can only arrest under certain conditions and for certain crimes.  Surprisingly enough a local Sheriff Deputy has more leeway in arresting you than the Feds.