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Show tion and dismantling of our the legislative bodies..." Consider the single issue of federal purchases of private stone to our federalist tem of constitutionally constitutional structure. land Bring up the subject of constitutionalism and you are likely to get one of two inreactions: blurry-eye- within sovereign states. A fundamental THE SAN JUAN RECORD Wednesday November 12, 1997 - Page 3 corner- federal government could conceivably purchase a sup- syslim- posedly sovereign state out of existence. By no means did the authors of the Constitution intend that congress have the power to diminish sovereign state through purchase without the concurrence of the state legisla- ited central government presumed and divided powers is each states right of self governance in the Republican Article IV, sec 4 of the US Constitution states that The United States shall guaran1 form. So important is this tee to every state in this claim that the word guardifference or charges of pounion a Republican form of antee" is used but once in the litical extremism. Yet there government." A RepubliConstitution and it is used to critical more few are can form" of government repose self governance in topics to the citizenry, since our has been defined by the US the republican form with the g Constitution is the states. Supreme Court as a govof our freedom. A ernment wherein the peostates right of igSadly though, through ple choose their own officers sovereign governance over and indifference norance, for governmental adminisits territory may be set aside and lack of both individual tration, and to pass their and replaced by federal societal discipline, we are own laws in virtue of the governance only in accorall complicit in the dissolu legislative power reposed in dance with Article I sec. 8, clause 17. This provision grants to the federal government the power, To exercise exclusive legislation even here in Monticello in all cases whatsoever, that Letters To we would be subjected to (over Washington DC), and The Editor such a personal attack. to exercise like authority The worst part is we have over all places purchased by The Record welcomes letters from readers on no idea who or why anyone the consent of the legislaits any subject of public interest. Letters must be no more would do this to us, or if it ture of the state in which the than 300 words in length. The pubwere a random act of vansame shall be, for the ereclishers reserve the right to edit, dalism. If anyone has any tion of condense or reject any contribuforts, magazines, arinformation regarding who tions Letters must be signed and and senals, include an address and telephone may have done this, please other needful buildings;" number. Thank you. contact myself, my husConsider what Article I band, or the Monticello City sec. 8, clause 17 is saying. It Police. says that the federal govDear Editor: The act seems even more ernment land On the evening of Novemsenseless when you con- within may acquire but states sovereign ber 6, my husband and I sider the fact that our dog 1. by purchase, 2. with were enjoying the piano rarely rides in this car, and only:consent of that state's concert being performed at she is spayed besides! This the legislature, 3. for purposes the Monticello High School. was obviously scratched by consistent with the needs of someone who does not know During the intermission, the federal government in we went to our car to find us, or our dog, very well at prosecuting its enumerated that someone had scratched all. 4. only a word describing a female Thank you for your help, powers and, finally, over lands so purchased Lori Evans dog in the passenger door. shall the federal governNeedless to say, wTe were ment shall exercise shocked and disappointed exclusive legislation." The Constitution gives congress no authority to purchase or own land d tures. Despite this constitutional restriction, however, the central government freely purchases land any where for any purpose, without the concurrence of state legislatures and then it proceeds to exercise exclusive legislative jurisdiction over that land. Recent purchases in Utah include more than eight hundred acres near Monticello, over six hundred acres near Hovenweep and more than five thousand acres in the eastern Book Cliff Mountains. well-sprin- dock-yard- Mark E. Lyman, LCSW Counseling Services Individual, Marriage and Family Counseling Consultation 25 years experience 801-678-26- 17 government could purchase land in states at will from any willing seller and do so without the consent of the state legislature, then the Best Schedule The Only Pressurized Turbo Aircraft Alpine Serves the Main SLC Terminal Convenient Connections to Other Airlines The Only Non-Sto- p Flights l11R3ili0liin US without the consent of the affected state legislature violate the Constitution in at least two ways: 1. They violate the guarantee" that a state shall exercise self governance in the republican form throughout its territory, (Article IV, sec. 4) and, 2. They make mockery of the constraint on federal purchases explicitly written into Article 1, sec. 8 clause s, within sovereign states other than that authority stated in Article I sec. 8, clause 17 and this is for good reason. If the federal Fly Alpine Air to Salt Lake City Federal land purchases 17. What greater prejudice if not cynical contempt can there be toward the constitu-tionall- y guaranteed sovereignty of a state than for the federal government to sweep that sovereignty aside and substitute federal sovereignty in its place without even the most cursory exchange with the state's legislature? Can anyone reasonably believe that the Founders would erect barriers to protect the states sovereign governance in at least two provisions of the U.S. Constitution and then, through some mental lapse or lose V SALT LAKE CITY TO MOAB OR MOAO TO SALT LAKE CITY SCHEDULE: Monday through Friday nnstszmi Vv SLC 202 Moab x Saturday 101 v xxx 302 -- 2:40 pm 4:00 pm x XX SIC 8:10 am Moab 0.40 am SLC - 7:30 pm Moab 8:00 am x Moab -- 9:10 am SLC -- 10:40 am Moab - 3:40 pm SLC - 5:00pm X x ' x Sunday x. 102 301 - 0 v SIC - 8:10 am Moeb - 9:40 am 101 1C2 201 x" mm xX ' ' X " Moab 9:10 am SLC 10:40 am -- SLC 9.00 am ADVANCE PURCHASE 3 days or mors 2 days or less FARE RATES $99 09 9 91 $109 00 $119 09 1191 $131 00 QE7P67 RT ME3P67 RT YE2 RT 7 days or more 3 days or more 2 days or less $149 09 14 91 $189 09 $229 09 r 22 91 18-9- in Salt Lake for reservations On-wa- y standby. No reservations. May be purchased only at Alpine Ticket Counter. Cash or check only. FREIGHT Up TO 67 bs $32 00 pflus tax Over 67 bs $00 48 b. phis tax Space avaSa&e only The fact is, there are no such contradictions in the Constitution. The constitutional chains" that the Founders intended to confine the federal government writhin its enumerated powers and the protections that were intended to safeguard the rights of the sovereign states and of the people to govern themselves in the Republican form have been shattered. The Founders had confidence, misplaced as it turns out, that We, the people" would never allow the federal government to become a plenary legislature exer- cising exclusive legislative powers within sovereign states without the concurrence of state legislatures. They believed that We, the would jealously people protect our freedom and our rights of self governance under our Constitution. Unfortunately, the founder underestimated the capacity of modern society to be distracted, constitutionally ignorant and unwilling to rise in its own defense. Conversely, the founders over estimated the will of our leaders to honor their sworn oaths to defend the Constitution. Too many have conspired to circumvent it. Federal purchases for any conceivable purpose have become politically acceptable and so they occur without consideration for their corrosive effect on that document from which our freedom has emanated for more than two hundred years. Many cheer these federal purchases. But who will stand to warn that no constitution can survive if the people will not defend it. More to the point, who will listen? ftnmftv Gsnai (0t? Al $164 00 $208 00 $252 00 FREIGHT INFORMATION Call Alpine Air at in Moab of that other? Moab8:30pm FARE BASIS M3P67 0W YP67 OW GENERAL. FREIGHT prose, incorporate into that same document authority for the federal government to circumvent those protections? Similarly, can anyone reasonably believe that, in a federalist system dependent upon a balance of power between sovereign states and a federal sovereign, the architects of this system would have permitted a situation where one sovereign could purchase the other out of existence without the consent PRIORITY Up TO 67 bs $64 00 plus tax Over 67 bs $00 96 plus tax Guaranteed on next Bight PAUL R. MACDONALD D.D.S. b RESTRICTIONS Non refundable cancellation fee $67.00 each ticket Baggage allowance 40 lbs. per person maximum Excess baggage $1 5.00 minimum or $0.50 per lb. over Ail Fight schedules and fares are subfect to change without notice 15 EAST CENTER STREET BLANDINQ, UTAH 84511 |