Federal's KILLING America with regulations that are way outside its Enumerated Powers.
Imagine the GNP if America's Domestic Resource Providers were free to "produce" lawfully again, without accruing that unnecessary burden called COST of "doing business with government."
Here's our Solution
WELD COUNTY TO BE A “TENTH AMENDMENT SANCTUARY COUNTY”
Tenth
Amendment Sanctuary County reconfirms County Commissioners authority to deny any
action by Federal that is outside of Federal’s Enumerated Powers.
Actions by Federal outside of its Enumerated Powers include: Education, Wolves, ESA (except migratory
fowl), EPA, FEMA, historical/most precious jewel land/water designations,
WOTUS, Water and Feral Horses.
WHEREAS, the Board of the County Commissioners of Weld County, Colorado,
is vested with the authority of administering the affairs of Weld County,
including Planning and Zoning and the Economic Development,
WHEREAS, Federal jeopardizes the Economic Development of Weld County through its repeated trespass and overreach
attempts to enforce unconstitutional demands on Water Rights in Weld County,
this Resolution addresses Water in particular,
WHEREAS Board has a duty to use its Constitutional Authority to
not enforce any Federal action as pertains to Water.
WHEREAS, the Tenth Amendment to the United States Constitution a part of the
Bill of Rights, ratified on December 15, 1791, protects the inalienable states’
rights, by stating that the federal government has only those powers
delegated to it by the Constitution, and that all other powers not forbidden to
the states by the Constitution are reserved to each state, or to the people.
WHEREAS, the powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people
WHEREAS, example: United States v.
Lopez (1995), was also a part of a
series of Rehnquist Court cases that limited Congress's powers under the
Commerce Clause the Court again ruled that a regulation enacted under the Commerce
Clause was unconstitutional.
WHEREAS the Commerce Clause confers a unique position upon the federal
government in connection with navigable waters: "The power to regulate
commerce comprehends the control for that purpose, and to the extent necessary,
of all the navigable waters of the United States...
WHEREAS the state of Colorado does not have ‘Navigable’ Waters as defined in
Artlll.S2.C1.12 Admiralty and Maritime Jurisdiction, no Federal Agency has
authority over Water in the state of Colorado, and
WHEREAS Weld County in the State of Colorado does not have ‘Navigable’ Waters
as defined in Artlll.S2.C1.12, it is the desire of the Board to declare its
support of the Tenth Amendment to the United States Constitution and its
provisions of that protect the inalienable and individual rights of Weld County
Citizens to deny any Federal Agency action that is outside of Federal’s
Enumerated Powers, and
WHEREAS, no waters in Weld County meets
the definition of WOTUS, therefore let it be known that no ditch company or
individual Water Rights owner need apply for a federal water permit to exercise
their right to “beneficial use of water.” This includes the maintenance of old or
building of new projects and utilization of Allotment Quantities as
historically dated and appropriated,
WHEREAS all Water of every natural stream in the State of Colorado and the
County of Weld has been appropriated, and
WHEREAS, Article ll Section 3 of the U.S. Constitution provides that all
“persons have certain inalienable rights, among which may be reckoned the right
of enjoying and defending their lives and liberties; of acquiring, processing
and protecting property which includes the beneficial use of Water,
WHEREAS, the Commissioners each took an oath to support and defend the United
States Constitution and the laws of the State of Colorado which are not deemed
unconstitutional by a court of competent jurisdiction.
BE IT FURTHER RESOLVED that the board reconfirms its authority to not enforce any
Federal law not delegated to the United States by the Constitution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County be, and hereby is, declared to be a “Tenth Amendment Sanctuary
County.”
The above and foregoing Resolution was,
on motion duly made and seconded, adopted by the following vote on ________________________________________
BOARD OF COUNTY
COMMISSIONERS
______________________________________________________________________________
History Chronology
May 8th I, Roni Sylvester (RMS) testified and asked WCC to “kick
FEMA out of county.” Commissioner Scott said he knew Milliken Mayor and would
talk to him. Commissioner Buck asked for Ditch Company exemption. Saine asked
for a resolution.
Dear Weld County Commissioners, May
15, 2014 RMS notes
As promised, here's the main statute
(attached) that exempts Irrigation Ditch Companies from federal
authority.
Declarations/laws/reminders in various
forms back up the fact that no town/county/state/federal has authority over a
non-profit irrigation ditch company. The only entities ditch companies are
beholden to are their shareholders.
I've also attached my questions to Town
of Milliken...
Thank you for seeking to correct FEMA's
gross overreach.
Should Weld County Commissioners draft
a resolution that denies Federal overreach, the thought occurred that you'll be
presenting a Stop Federal Overreach template that every county in the U.S.
could use! That's HUGE!
Imagine the millions Weld County
Commissioners will save producers by giving them the opportunity to produce
products instead of fighting Federal overreach. Thank YOU!
May 20th
RMS first testimony.
County Commissioners authority to stop
federal overreach lays in: “…will not enforce against any citizen any
Federal law that unconstitutionally infringes upon the right of People…
State of Colorado
Constitution Section 16. County home rule. (3) A home rule county shall provide
all mandatory county functions, services, and facilities and shall exercise
all mandatory powers as may be required by statute.
Mandatory powers
include “will not enforce against any citizen any Federal law that
unconstitutionally infringes upon the right of People.”
Weld County Commissioners, you have the authority and duty to pass the Tenth
Amendment Sanctuary County resolution. You will be proud to know that you
started a national action that will enable America’s approximate 3,244 counties
to prosper.
Rough draft resolution:
Resolution: Water Actions Outside of Federal’s
Enumerated Powers
Whereas the state of Colorado does not have 'Navigable'
Waters, as defined in ArtIII.S2.C1.12
Admiralty and Maritime Jurisdiction, no
Federal Agency has authority over Water in the state of Colorado.
Whereas the Weld County Commissioners, as trustees of
the people we serve in the Colorado County of Weld we stand to ensure that the
county complies with the applicable Federal, state, and local laws and that
Federal complies within its Enumerated Powers.
Whereas Weld County Commissioners find that any action by
Federal Agency -including Environmental
Protection Agency (EPA), Federal Emergency
Management Agency (FEMA), United States Department of Agriculture (USDA),
Department of the Interior (DOI), Army Corps of Engineers, Endangered Species
Act (ESA) - that is outside
Federal’s Enumerated Powers as pertains to Water will be denied.
Whereas With the exception of physical structures like dams,
the Army Corps of Engineers is to vacate any forms as pertains to Water on
Private Property.
Commissioners James, Buck, Freeman, Ross voted NO, Saine voted YES.
JUNE 5, 2024
- TENTH AMENDMENT SANCTUARY COUNTY RMS notes
Resolution sponsor
Commissioner Lori Saine
If all five Weld
County Commissioners vote YAY on this Tenth Amendment Sanctuary County
resolution, they will become a critical part of history. How? By helping Weld
County realize millions of $'s otherwise lost trying to keep Federal within its
Enumerated Powers.
We need an audit
that shows the millions a county/state/nation loses, being forced to do
business with a federal government that overreaches its authority.
Today America's
Fuel and Food Providers are strapped down into countless hours testifying,
doing paperwork and more, just because the federal government makes
demands outside of its enumerated powers.
Imagine our
Producers being unshackled from Federal and free to return to their fields
where they will produce essential products!
Why
not tailor this Tenth Amendment Sanctury County to your county? Imagine the
significant boost in our nation's GNP when producers are free to produce,
instead of going to federal overreach meetings.
Commissioners James, Buck, Freeman, Ross voted NO – declaring “we don’t have
the authority,” Saine voted YES.
JUNE 10, 2024 - - TENTH AMENDMENT
SANCTUARY COUNTY RMS Notes
The Tenth Amendment Sanctuary County is
all about prosperity for Weld County residents.
Weld County residents cannot “prosper”
when a significant amount of production dollars are lost by producers having to
fend off federal overreach.
To help Weld County residents prosper,
it is critical that Weld County Commissioners protect producers by taking the
legal, constitutional action of “not enforcing federal dictates that are
outside of federal’s authority.” The Tenth Amendment Sanctuary County
resolution will satisfy this right so Weld County can thrive.
Here are some stats from 2022. Notice the population increase while the GDP
decreases.
2022: Farm
Employment makes up approximately 3% of Weld County’s total employment and
feeds approximately 115, 536 households. Yet many children go to bed
hungry.
Between 2020 and
2022, Weld County’s Gross Domestic Product (GDP) DECREASED 6.7 PERCENT: 2020 Economic Output $19.7 BILLION 2022
Economic Output $18.4 BILLION, mainly due to federal overreach.
Mining, Quarrying & Oil and Gas Extraction
went from $5.9B 2020 $5.8B 2021 to $4.8B 2022, mainly due to federal overreach.
Weld County, home
to 350,176 residents, had a 3.1 percent increase in population between 2021 and
2022.
County Commissioners authority to stop
federal overreach lays in: “…will not enforce against any citizen any
Federal law that unconstitutionally infringes upon the right of People…
State of Colorado
Constitution Section 16. County home rule. (3) A home rule county shall provide
all mandatory county functions, services, and facilities and shall exercise
all mandatory powers as may be required by statute.
Mandatory powers
include “will not enforce against any citizen any Federal law that
unconstitutionally infringes upon the right of People.”
Weld County Commissioners, you have the authority and duty to pass the Tenth
Amendment Sanctuary County resolution. You will be proud to know that you
started a national action that will enable America’s approximate 3,244 counties
to prosper.
Freeman, Ross,
James, Buck NO, Saine YES.
JUNE 12, 2024 - - TENTH AMENDMENT SANCTUARY COUNTY RMS
Notes
The Tenth Amendment Sanctuary County is
all about delivering opportunity for Weld County Residents to enjoy their
rights to acquire and enjoy property - to produce and prosper.
Weld County cannot thrive when a
reckless federal acts outside its enumerated powers.
We are working on an easy to understand
map that shows federal’s enumerated powers. This will help our elected
officials and private sector quickly identify areas they have the right to push
back federal.
To help Weld County flourish, it is
critical that Weld County Commissioners protect producers by taking the
constitutional action: “Not enforce federal dictates that are outside of
federal’s authority.”
Each day Weld County Commissioners
delay passing the Tenth Amendment Sanctuary County, individual Weld County
producers take a loss. I’ve been contacting producers to get a general idea as
to what said delay costs them.
Commissioner Perry Buck asked about a
commissioner’s authority to stop federal overreach: The following answers that
question:
1) Commissioners will not enforce against any citizen any
Federal law that unconstitutionally infringes upon the right of People…
2)
State
of Colorado Constitution Section 16. County home rule. (3) A home rule county
shall provide all mandatory county functions, services, and facilities and shall
exercise all mandatory powers as may be required by statute.
3)
…will not enforce
against any citizen any Federal law that unconstitutionally infringes upon the
right of People of Weld County to keep and use their non-navigable water and
maintain old or build new infrastructure projects as connected to their
non-navigable Water.
Weld County
Commissioners, you have the authority to pass the Tenth Amendment Sanctuary
County resolution. If not you, who then will protect Weld County residents from
onerous actions by federal that run outside its Enumerated Powers?
Other states are
fast becoming aware of the Tenth Amendment Sanctuary County. They are carefully
watching with great interest for they see this as an affirmative, lawful,
doable, constitutional way to push back federal.
Weld County
Commissioners, when you pass the Tenth Amendment Sanctuary County, you’ll be
PROUD to know that you created a template that will be used nationally. YOU
will have started a national action that will empower America’s near 3,244
counties to push back Federal overreach.
Thank
you in advance for passing the Tenth Amendment Sanctuary County resolution!
Freeman, Buck, Ross, James NO, Saine YES.
Time frame chronology:
May 8th, testified on
FEMA
May 20th, presented
first ROUGH draft resolution 4 NAYS 1 YAY
June 5th presented first
Tenth Amendment Sanctuary County 4 NAYS 1 YAY
June 6th Wyoming Stock
Growers, Publisher Wyoming Roundup Dennis Sun requested a Guest Column on Tenth
Amendment. Will send 8/13/24.
JUNE 10TH testified.
JUNE 12th testified.
JUNE 18, 2024 Met Scott James. He
offered to call Ditch Company – Gene Kammerzell.
JUNE 21ST. R-Calf
proposal resolution unanimous yes. Will go to formal all member written vote in
August.
JUNE 21ST Lara Logan wrote
down her phone # re: Federal’s Enumerated.
JUNE 28, 2024 SCOTUS:
By
a vote of 6-3, the justices overruled their landmark 1984 decision in . This
decision helps Tenth Amendment Sanctuary County immensely.
AUGUST 12th, 2024 –9:00 a.m. I intend to testify on the newly
amended Tenth Amendment Sanctuary County - at the office of Weld County
Commissioners - 1150 O Street Greeley, CO 80631
______________________________
August 12th, 2024 I was on the Agenda, but Chairman Ross blocked the resolution and my formal testimony. So I gave my comments in the Public Comment time (of which there's a record). It was contentious. I did summarize by stressing how "disappointed" I was with them.
A bullet point/cheat sheet of Federal's Enumerated Powers is something every County Commissioner in America should have in their hands.
Federal's KILLING America with they regulations that are way outside its Enumerated Powers.
Imagine the GNP if America's Domestic Resource Providers were free to "produce" lawfully again, without accruing that unnecessary burden called COST of "doing business with government."
Every county in America should pass a Tenth Amendment Sanctuary County resolution.