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May 24, 2013

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Letter to the editor:

Don’t let feds tread on Nevada

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Sen. James Settelmeyer, R-Minden, recently submitted Senate Joint Resolution 3, which is before the Legislative Operations and Elections Committee. SJR3 asserts Nevada’s state sovereignty and would put elected U.S. officials on notice that Nevada will not enact federal mandates unsupported by the Constitution.

The 10th Amendment limits the federal government’s powers to those specified in the Constitution and reserves all other powers to the state.

Settelmeyer cited recent examples of the federal government issuing expensive, scientifically unsupported regulations regarding arsenic levels in drinking water and rezoning land that has never been flooded into a flood plain.

The Senate should pass SJR3.

Discussion: 10 comments so far…

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  1. Our Constitution very clearly mandates that the Supreme Court of the United States is the final arbiter of what is constitutional and what is not.

    Senator Settlemeyer is an agriculturist who apparently believes the seeds of constitutional scholarship were planted in Minden. Who knew?

  2. Since the Feds own about 80% of the land in Nevada they pretty much call the shots. This bill is another "mouse that roared" POS that will not pass.

  3. I'm with my peers Jim and Gary on this one. Feds are supreme. Nevada's Senate and Sen. Settelmeyer beliefs and actions are an exercise in futility.

    CarmineD

  4. Here is the actual text (after the whereas's). It looks like the republican who wrote this spent the night doing bongs and cow tipping:

    "15 RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF 16 NEVADA, JOINTLY, That the 77th Session of the Nevada Legislature 17 hereby claims sovereignty under the Tenth Amendment to the 18 Constitution of the United States over all powers not otherwise 19 enumerated and granted to the Federal Government by the 20 Constitution of the United States; and be it further
    21 RESOLVED, That this resolution serves as notice and demand to 22 the Federal Government to cease and desist, effective immediately, 23 mandates that are beyond the scope of these constitutionally 24 delegated powers; and be it further
    25 RESOLVED, That all compulsory federal legislation which 26 directs states to comply under threat of civil or criminal penalties or 27 sanctions or which requires states to pass legislation or lose federal 28 funding be prohibited or repealed; and be it further
    29 RESOLVED, That the Secretary of the Senate prepare and 30 transmit a copy of this resolution to the President of the United 31 States, the Vice President of the United States as the presiding 32 officer of the Senate and the Speaker of the House of 33 Representatives, and each member of the Nevada Congressional 34 Delegation with the request that this resolution be officially entered 35 in the Congressional Record as a memorial to the Congress of the 36 United States of America; and be it further
    37 RESOLVED, That this resolution becomes effective upon passage."

  5. There is currently a movement in the western states pushed by county Republican and Tea Party groups to have the county sheriff swear a specific oath to reject unconstitutional mandates and refuse enforcement. Much of the impetus comes from internet hysteria about UN troops coming in and confiscating firearms. Settlemeyer's resolution is a bit more formal but the same delusions drive it. I'm not sure that I want the local sheriff or some councilman deciding what's constitutional and what's not. SCOTUS gets it wrong sometimes that's where the authority rests.

  6. Can't argue with Mr. Settelmeyer's opposition to the federal government issuing regulations regarding arsenic levels in drinking water as long as that opposition pertains to Minden only.

  7. "The 10th Amendment limits the federal government's powers to those specified in the Constitution and reserves all other powers to the state."

    Muzzy -- you are obviously ignorant of our state's history and Constitution. For Nevada's unique allegiance to the federal government check out http://www.leg.state.nv.us/Const/NVConst...

    "Senator Settlemeyer is an agriculturist..."

    "Since the Feds own about 80% of the land in Nevada they pretty much call the shots."

    "I'm with my peers Jim and Gary on this one. Feds are supreme."

    pisces, ressince, CarmineD -- good call. I'm with you guys on this one.

    "There is currently a movement in the western states pushed by county Republican and Tea Party groups to have the county sheriff swear a specific oath to reject unconstitutional mandates and refuse enforcement."

    wharfrat -- your ignorance is showing again. First, like all public officials, their duty is to support, protect and defend the Constitutions. Second, sheriffs are historically the chief law enforcement in their counties, even federal agents are submissive to that authority. Last, much of what you mock is in line with the U.S. Supremes' decision in Printz v. U.S. Former sheriff Richard Mack was a co-plaintiff with Printz.

    "I think you all know that I've always felt the nine most terrifying words in the English language are 'I'm from the government and I'm here to help.'" -- the late President Ronald Reagan on YouTube @ http://youtu.be/xhYJS80MgYA

  8. Congress has made an almost complete mockery of the Tenth Amendment by means of the Commerce Clause. It is the weakening and disregard of the Tenth that allows Congress to attempt to trample over the rest of the Bill of Rights.

    The new pot laws in Oregon and Colorado are going to be very interesting test cases in the months/years to come in the battle between the Tenth Amendment, the Supremacy Clause and the Commerce Clause.

  9. The U.S. out of Minden !

  10. Title of Letter "Don't led feds tread on Nevada"

    "led" or "let"??

    example "Don't let feds tread on Nevada"

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