Saturday, August 30, 2014

The Obama-Holder Over-Reach In Ferguson Missouri

by Norman E. Hooben
Over at The Hill the headline read, “Obama sends Holder to Ferguson” and my first reaction was, “Why?”  According to the article by Amie Parnes, we have to go no further than the first sentence, “Attorney General Eric Holder will travel to Ferguson, Mo., on Wednesday as part of the Justice Department’s investigation of the shooting by police of an unarmed black teenager…  Again, I ask, “Why?”  The federal government has no jurisdiction in Ferguson, Missouri… None whatsoever!  Now how do I know that?  I’m no lawyer. 
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


No comments: