Comments about ‘Feds fight Utah over measure to curb law enforcement authority’

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Published: Monday, May 13 2013 5:47 p.m. MDT

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mcclark
Salt Lake City, UT

So how much money is the state going to blow on this?

ParkCityAggie
Park City, Ut

"Federal over reach" how about State over reach! And they sure don't mind picking and choosing which Federal agencies they are ok with enforcing laws within the State. I guess the US needs to re-send some troops to Fort Douglas to keep an eye on Utah again? This is more political pucky about the State and local governments trying to usurp bogus “states rights” against the Federal Government on Federal lands. "harassing people at camp sites..." on Federal land no doubt. Remember, it was the Federal Government of the United States of American that purchased that land from Mexico (again, treaty of Hidalgo anyone?). Local police and Sherriff deputies are subject to the political will of local elected officials… I guess they can’t seem to “don’t you know who I am” their way out of a speeding ticket from the Forest Service.

DN Subscriber 2
SLC, UT

In 1776 agents of the government were usurping their powers and imposing unwarranted and unreasonable restrictions on the colonists.

"Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States."

Our Constitution reserves powers to the states and the people except those specifically allowed to the federal government. (10th Amendment)

By allowing the feds to exercise powers beyond those authorized, it is much like the right of adverse possession where a landowner surrenders their property rights by not challenging others who make us of their property and then think they own it, or at least have the right to use it.

Given today's revelations about the repeated abuses by the IRS and the unprecedented intrusions on the Associated Press it is becoming obvious that Obama's administration does not respect Constitutional limitations on their power.

Utah must assert our state's rights and powers!

dwayne
Provo, UT

States and not the federal government have the power to determine the enforcement of state laws within their jurisdiction. States and not the federal government decides who enforces STATE laws. Narrowly limiting the enforcement of state laws to people that are trained law enforcement officers and not a federal employee with no law enforcement training is in the best interest of the state. This law doesn't prevent federal employees or designees of the federal government from enforcing federal laws on federal property or anywhere else in the state for that matter. This law specifically states which federal employees are authorized to enforce laws passed by the elected representatives of Utah and uphold the powers of the elected sheriff to not have rogue vigilantes who work for the federal government roaming a county harassing people and pretending to be cops when they are glorified employees of the federal government.

This law merely states that federal employees who arent certified law enforcement cant enforce state laws unless the offense is a violation of an actual federal law. The crime these federal employees are committing that they are seeking to penalize with this law is impersonation of a peace officer.

cjb
Bountiful, UT

Utah will probably lose this fight. Kansas however just passed a law that guns which are manufactured in Kansas and stay with in Kansas are not subject to federal gun law. this has a good chance of passing the court test because the only reason the federal government should regulate guns is the interstate commerce clause and that doesn't apply here.

With advances such as three dimensional printing perhaps every state that wants to can have its own gun manufacturers and states which would like to be free of federal law when it comes to guns will now have that opportunity

My2Cents
Taylorsville, UT

We have these federal laws for this very reason, to prevent states from abuse and destruction of the open range lands and robber barons from thinking the land they graze their cattle or people on is their private property. The federal laws exist to insure all americans and all citizens have equal share and rights to access these lands with their wagon trains and traveling across roads from state to state without states establishing borders to collect taxes from travelers.

The Utah law is in conflict with the federal laws and its an illegal law. I think the representative of Kanab is exaggerating federal authorities in civil law enforcment with lies. The federal departments do not have speeding laws nor laws to stop access. Federal laws priority is to protect the land from encroachment and exploitation by state greed or corporate land barons.

State like Utah claim to be better care takers is a lie. They have financial motivation to destroy ever bit of the land they can get hold of. The State of Utah has proven not to be reliable or willing to preserve our country from robber barons out for a buck.

Esquire
Springville, UT

Utah officials need to go back and read the Supremacy Clause. Hint: It's in the Constitution. And then they need to read a little Constitutional history, particularly surrounding the principles arising out of the Civil War. I know it's been a while, but go back and read the Gettysburg Address. In the end, I would have to think that Utah is going to lose this one.

one vote
Salt Lake City, UT

Put Swallow on this. He knows Harry Reid.

JWB
Kaysville, UT

John Swallows big campaign issue was the federal land issue and he and the Governor had divergent paths. The Legislature with Mike Noel leading was the same Mike Noel who got the voucher bill passed with his one vote in a legislative district that had no voucher schools. It was a gift to Aaron Tilton, another legislator, who needed votes for his power plant and water from Kane county, where Mike Noel is the legislator.

lket
Bluffdale, UT

look at the ends of the salt lake valley the gravel pits are digging up the mountains, it is just gone. when the wind blows, sand blows from one end of the valley to the other. it is silica and it is bad for your lungs. utah is in charge of theses pits. watch as the very weather paterns could change from digging up the point of the mountain. which is no longer a point. capitalisim at any cost is killing the planet and its people and as long as they want money, more than principles, in their life this is what america will have. people like hatch who got 80% of money from out of state.

dwayne
Provo, UT

My2Cents,

Try to understand that this law DOES NOT limit the authority or prevent any federal law enforcement officer or other federal designee from enforcing federal laws on property of the United States. It instead defines who can enforce STATE laws within the state and it doesnt matter if it is private, public or federal land.

"The Utah law is in conflict with the federal laws and its an illegal law."

Its not an illegal law. Vigilantism isnt right. Federal employees dont get to enforce state law on federal property or anywhere else unless designated by the state.

Thats like security guards impersonating cops on private property.

Esquire,

"Utah officials need to go back and read the Supremacy Clause."

Hint, the federal government is NOT supreme in enforcing our STATE laws. This law clearly states that it isnt a limit on federal designees enforcing federal laws anywhere in Utah but if they want to enforce our state laws passed by our neighbors they need to be actual law enforcement with specific training (ie Obama cant chase speeders because hes not a law enforcement officer for purposes of enforcing state laws). True of any federal employee

dwayne
Provo, UT

cjb,

"Utah will probably lose this fight."

I highly doubt that they will lose the fight since it based on a simple principle. States determine who enforce state laws and the federal government does not have the authority to override a state decision about who may or may not enforce its laws unless Congress passes specific federal laws which those federal employees or federal law enforcement enforce. It is that simple. States decide who enforce state laws. Utah and other states wont go as far as to say federal law enforcement cant enforce any of their state laws instead they choose to define which federal employees/law enforcement can enforce state laws and they do it by defining who is considered federal law enforcement officers for purposes of enforcing laws of the state. This Utah law has nothing to do with being free of federal laws. Instead, it doesnt prevent federal law enforcement officers from enforcing federal law anywhere in our state. That is a separate issue that deals with supremacy of federal laws.

This is a very narrow issue dealing with non-law enforcement federal employees enforcing state laws which is impersonation of our law enforcement officers.

county mom
Monroe, UT

Thank you dwayne.
Having been harassed on Utah state land at a Utah state park, at the Coral Pink Sand Dunes by a federal employee. I can tell you this does happen and needs to stop.
We didn't break any laws. Were we camping in a designated camp area, but a employee of the BLM stopped to check all our bikes for state licencing and registrations.
This is totally wrong and harassment.
Only a Kane County officer, a Utah State Parks officer or a Utah Highway patrol officer should be checking us for current licencing.
If they wrote out a ticket, what county court would the federal officer write the ticket from? He has no authority in the Kane county courts.

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