S O U N D   O F F

February 5, 2012
Subject: A Few Items For Gingrich By Floyd Rathbun
Here are a few items that can be listed for Gingrich. Each can be documented so ask him if he wants the documentation now or after he is sworn in:

Laws of the US are converted into regulations of US agencies and applied to citizens in direct violation of the US and State Constitutions. Remember that the US has no police power and no general grant of law enforcement but federal Justice Department and other agencies are behaving like policemen and jailing or fining people with no restriction on their behaviour and with complete disregard to Constitutionally protected rights of citizens and States.

Federal officials claim the status of scientists but fail to behave scientifically by limiting their decisions to those that can be defined and justified on a basis of objective factual data. Failing to be objective and impartial means that the agency employees have at best violated the ethical standards of federal scientists and most have distorted data or simply fabricated data in order to get their own way. It is very rare for these dishonest employees to be held personally accountable and rarer still for them to be held liable for the damage they do.

Laws are being enforced for the benefit of bigger federal agency budgets at a real cost to local economies, for example:

Endangered Species Act – not a single species has been “saved” but the cost has been hundreds of billions of dollars, destroyed family businesses, and decimated local economies. Protection under the act involves the process of “listing” a species. It is supposed to be based on the best available scientific data but is more often not based on any data just opinions. The listing process is only another way to justify extravagant budgets; that is why it is called “listing for dollars.”

ESA, as federal municipal law, is applied even when local officials refuse to consent. Hundreds of Billions of dollars in costs and no success can be shown in the form of greater numbers of the protected plants or animals.

Clean Water Act regulations also lack police power support. Agencies have enforced clean water act restrictions on dry water channels that only carry storm water runoff every couple of years. But the agencies receive lots of dollars to enforce the law any where they can imagine it needs enforcement.

National Environmental Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA), Rangelands Improvement Act, and enabling legislation for Forest Service, Park Service, and US Fish and Wildlife Service all contain a “savings clause” that protects existing property rights and all have specific limitations imposed on federal agency actions. None of the agencies recognize the limitations imposed by Congress as applying to them. Of particular concern is the refusal of each of those agencies to “coordinate” federal proposals with local plans and policies for the purpose of resolving inconsistencies between local policy and federal plans. Not only are private rights ignored, but state sovereignty is ignored as well.

Each of the above are supposed to be mitigated by the Congressional goal of strong local economies, particularly agricultural production. The Agricultural sector of Nevada rural counties has been nearly destroyed by the severe reductions in permitted livestock grazing within federally regulated lands and the aggressive demand that water used for agriculture production be converted to non-agricultural uses such as wildlife refuges.

Federal employees are performing activities that are reserved to law enforcement officers when in fact the federal government does not have a general grant of law enforcement authority and federal law enforcement is limited to federal enclaves or locations where a respective state has ceded jurisdiction. In the absence of authority including jurisdiction the federal officials must intimidate citizens to get obedience through fear of being jailed or shot. Health, Safety, and Welfare are functions of state government that are reserved to the states, so any attempt to justify federal law enforcement on the basis of these three issues is usurpation of state sovereignty and in turn the federal actions put the local public officials at risk of liability from damages caused by federal employee.
Land And Water USA
www.LandAndWaterUSA.com (970) 284-6874 LAWUSA@q.com