by Norman E. Hooben
Years ago I was a military instructor in the United States
Air Force and during one of the breaks between classes a young student from somewhere in Appalachia approached me and asked, “How do you get to know all
that stuff?” I replied that I really
don’t know all that “stuff”, I just know where to look it up…then I would add
it to my lesson plan before my scheduled classes.
Not a lawyer but I believe that I’m well-read enough to make
the claim that the federal government is overstepping its authority in the
Ferguson, Missouri shooting incident (not to mention the obvious 10th
Amendment implications). Obviously I
must have read something along those lines that would make me so brazen. In other words, I really don’t know all that
“stuff”, I just know where to look it up.
So let’s see what I looked up.
In November of 2011, Sheriff Gil Gilbertson of Josephine
County, Oregon wrote a 13 page dissertation titled, “Unraveling Federal
Jurisdiction Within a State” and rather than having you read the entire
document I extracted enough for my lesson plan that hopefully brings you, the
student, to the same conclusion…The federal government has no jurisdiction in
Ferguson, Missouri! Here’s Sheriff Gilbertson:
“…In the United States of America,
there are two separate and distinct jurisdictions, such being the jurisdiction
of the states within their own state boundaries, and the other being federal
jurisdiction (central government), which is limited to the District of Columbia,
the U.S. territories, and federal enclaves within the states, under Article 1,
Section 8, Clause 17.” “The article which describes the judicial power of the
United States is not intended for the cession of territory or of general
jurisdiction… Congress has power to exercise exclusive jurisdiction over this
district, and 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.”
“Special provision is made in the Constitution for the cession of jurisdiction
from the States over places where the federal government shall establish forts
or other military works. And it is only in these places, or in the territories
of the United States, where it can exercise a general jurisdiction.”
Reflected in United States v Alphonzo Lopez, April 26, 1991 Case #93-1265:
“Under our federal system, the “States possess primary authority for defining
and enforcing the criminal law” Brecht v Abrahamson , 507 U.S., 1993 (Slip op.,
at 14) quoting Engle v Isaac , 456 U.s. 107, 128 (1982); see also Screws v
United States , 325 U.S. 91, 109 (1945): “Our National government is one of
delegated powers alone. Under our federal system the administration of criminal
justice rests with the States except as Congress, acting within the scope of
those delegated powers, has created offenses against the United States. …
… In summation, the Supreme Court
has declared the federal government has no authority or jurisdiction over
individuals or issues not involving interstate commerce or issues not involving
federal territory. Neither Congress, nor the President, can pass laws that
govern life or activities within the boundaries of the several States. “Police”
powers are not explicitly granted to the central (federal) government and
thereby fall within the purview of the 10th Amendment Clause of the Bill of
Rights. …
…
It is my hope; this letter will serve as an awakening to the
public and for elected officials to exercise the proper conduct to stop this runaway government. It is also my hope that
Sheriffs throughout the United States will join to bring our Republic form of government back to the people. Currently there is a
memorandum of understanding (MOU) in the developmental stage by several
Western State Sheriffs for consideration.
Respectfully,
Sheriff Gil Gilbertson Josephine County, Oregon ”
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