When Michele Fiore hosts her pals from Bundyville on Tuesday, they will be there for a bill that is patently unconstitutional.
That's the finding, attached here, of a Legislative Counsel Bureau opinion on AB 408, which is some lame attempt to TAKE BACK OUR LANDS.
The opinion explains that, contrary to what federal scofflaws Fiore and Bundy may think, the law does matter. To wit:
Based upon these authorities, it clear that Congressional power to prescribe rules and regulations concerning public lands entrusted to Congress is firmly entrenched, and ample authority exists upon which to invalidate state laws which conflict with federal laws concerning the management and control of federal public lands. In addition to the general authority of the Federal Government to regulate and manage the public lands discussed above, several courts have specifically ruled on the issue of whether the Federal Government owns the public lands in Nevada, and at least one court has held that Nevada's current statutory claim of ownership to the Speaker Hambrick March 26, 2015 Page unappropriated public lands in this State set forth in NRS 321.596 to 321.599, inclusive, is unconstitutional and fails as a matter of law.
And: In conclusion, it is the opinion of this office that the provisions of A.B. 408, if enacted, would be constitutionally invalid. The authority of the United States to acquire and control the public lands located in this State is extensive, and ample bases exist upon which court could invalidate any state laws which are in direct conflict with existing federal laws concerning those public lands or which are hostile to or interfere with the exercise of federal authority over public lands.
I am sure they wll cancel the trip and hearing now, right?
(I have also attached a similar opinion on a Senate bill that seems to forget about federal supremacy, etc.)
Yes, folks, there are 15 state lawmakers who have no clue about the Constitution of the United States.
When Michele Fiore hosts her pals from Bundyville on Tuesday, they will be there for a bill that is patently unconstitutional.
That's the finding, attached here, of a Legislative Counsel Bureau opinion on AB 408, which is some lame attempt to TAKE BACK OUR LANDS.
The opinion explains that, contrary to what federal scofflaws Fiore and Bundy may think, the law does matter. To wit:
Based upon these authorities, it clear that Congressional power to prescribe rules and regulations concerning public lands entrusted to Congress is firmly entrenched, and ample authority exists upon which to invalidate state laws which conflict with federal laws concerning the management and control of federal public lands. In addition to the general authority of the Federal Government to regulate and manage the public lands discussed above, several courts have specifically ruled on the issue of whether the Federal Government owns the public lands in Nevada, and at least one court has held that Nevada's current statutory claim of ownership to the Speaker Hambrick March 26, 2015 Page unappropriated public lands in this State set forth in NRS 321.596 to 321.599, inclusive, is unconstitutional and fails as a matter of law.
And: In conclusion, it is the opinion of this office that the provisions of A.B. 408, if enacted, would be constitutionally invalid. The authority of the United States to acquire and control the public lands located in this State is extensive, and ample bases exist upon which court could invalidate any state laws which are in direct conflict with existing federal laws concerning those public lands or which are hostile to or interfere with the exercise of federal authority over public lands.
I am sure they wll cancel the trip and hearing now, right?
(I have also attached a similar opinion on a Senate bill that seems to forget about federal supremacy, etc.)
Yes, folks, there are 15 state lawmakers who have no clue about the Constitution of the United States.
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