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Author Topic: fwd: Montana Sen. Aubyn Curtiss LEGISLATIVE REPORT  (Read 1941 times)

Basil Fishbone

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fwd: Montana Sen. Aubyn Curtiss LEGISLATIVE REPORT
« on: January 12, 2011, 07:50:27 pm »

Fwd: What a timely report this is by Senator Aubyn Curtiss!.  She reveals the foundation already in place to take on the challenges of dealing with the Federal Government.  I have seen legislation coming out of Helena indicating state legislators are already developing meaningful new State laws to take advantage of the power and authority that our U.S. Constitution has provided.  The upcoming Coordination Workshop, sponsored by American Stewards for Liberty, being held in Hamilton will pave the way for County Commissioners and communities to participate locally in coordinating policy making at equal levels with the Federal government.  This could prove to be the year that Montanans reactivate and strengthen their resolve, get back on their feet and participate in effective governmental management at all levels:  local, state and federal.   
THE COORDINATION workshop this weekend is Sat. Jan. 15, 9 am to 5 pm at the Bitterroot River Inn, Hamilton. 
All who can make it are welcome.  $45 fee

From: Aubyn Curtiss []
Sent: Tuesday, January 11, 2011 8:21 PM
Subject: LEGISLATIVE REPORT 5-17 Mandates


Aubyn Curtiss

May 19, 2010

                       MUST WE WAIT TO BE FINED

                                      OR IS


          In 1995 the Montana Legislature, plagued with what the majority perceived to be undue burdens placed on the state by overly restrictive and unfunded federal mandates, saw fit to pass legislation they anticipated would give them more leverage in dealing with federal agencies.  That legislation, languishing unimplemented for over a decade in Montana Codes, could have been written specifically to deal with challenges we face today. The Federal Mandates Act, written in Montana codes, just may be the instrument which will turn legislators’ frustration to success in dealing with what many believe to be an upcoming constitutional crisis.

          Like other states, Montana has long reached out to seize benevolent handouts to start up and fund attractive programs, only to feel the pinch when the federal funding was phased out and the state left holding the bag for underwriting the entire costs, paying salaries and perks for new full time employees, their workers compensation and their retirement.

          In the nineties, states were also confronted with the actions of a federal landlord, not sympathetic to the rights of fiercely independent property owners, nor the values of those whose lives, customs and culture related to public land use.  The Grand Staircase Escalante land grab, the American Heritage Rivers Initiative, International Biosphere Reserves, and more.  In the late 70’s Montana had previously unsuccessfully tried to pre-empt federal land use dictates by passage of a measure known as the Sage Brush Rebellion.

          Nothing which has gone before, however, can measure the outrage perpetrated by the majority in Washington which has foisted upon Montanans the so-called health care bill.  Nothing warrants a federal mandate which fines citizens for not buying something they cannot afford in the first place!  If unable to afford insurance, how are they expected to underwrite the cost of exorbitant penalties? Is the next move to place liens upon their property? Help themselves to our tax returns?  No injustice we have ever experienced before has cried out so loudly for invocation of Montana’s 10th amendment rights.

                   MONTANA NOW HAS THE TOOLS

          Section 2-1-402 of the Montana Codes Annotated reads:  “(1)(a)  In enacting this part, the legislature employs its legislative authority to establish that the people of the state of Montana, acting through their elected officials in state government, have the responsibility and authority to establish policy in and for Montana pertaining to federal programs mandated in federal statutes.

“(2)(b) “The state government has an obligation to the public to do what is necessary to protect the rights of Montana citizens under federal law while minimizing or eliminating any additional cost or regulatory burden on any citizen of the state.

“(2)(C)The 10th amendment to the United States constitution directs that powers that are not delegated to the United States are reserved to the states or to the people.  Montana, as one of the sovereign states within the union, has constitutional authority to enact laws protecting the environment of the state and safeguarding the public health, safety, and welfare of the citizens of Montana.  However, this authority has too often been ignored by the federal government.  The federal government has intruded more and more into areas that must be left to the states.  It is essential that the dilution of the authority of state and local governments be halted and that the provisions of the 10th amendment be accorded proper respect.”

          It has been reported that as many as thirty-eight states attorneys general are compiling lawsuits to overturn the giant health care bill which many claim violates the first and 5th amendments of the U.S. Constitution.  Still, Montana’s Attorney General and the Governor refuse to take similar action even though Montana’s Federal Mandates Act requires agencies administering federal programs to examine cost-effectiveness of programs, whether they meet Montana’s needs and report to the Governor. The governor’s responsibility is to consider the legality, cost effectiveness, etc. and report to the legislature.  MCA 2-1-407 (2) reads: “If there is a finding that a federal mandate does not meet Montana’s cost-effective needs, does not serve Montana public policy, or does not conform to Montana customs and culture, the governor may issue an executive order declaring the intention of Montana to not implement the mandate and may direct the attorney general to vigorously represent the state of Montana in any action that results from or that is necessary to effect the executive order.”

                          WHY ARE THEY WIMPING OUT

          If Governor Schweitzer and Attorney General Steve Bullock have any inclination to follow Montana law or abide by the expressed wishes of the greatest percentage of Montana’s citizens, why would it not be more expedient and less costly to join other states efforts to defend our mutual interests, rather than a single attempt to go it alone at a later date.

          Steve Bullock’s characterization of Republican legislators’ formal request to join the lawsuit as “politicizing the issue before the 2010 elections” is a lame excuse at best. But one statement made in his attempt to justify his inaction should be taken seriously because it raises very serious questions. 

          “Montana’s decision not to join these law suits leaves these critical questions of national policy in the hands of “We the People” and our elected representatives, where these decisions belong,” the attorney general said. 

          Who are “WE THE PEOPLE? Does the Schweitzer Administration really intend to address this issue?  Whom do Mr. Bullock and the Governor really serve?  And last but not least:  How long must Montana citizens wait until these questions of national policy are addressed?



Elias Alias

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Re: fwd: Montana Sen. Aubyn Curtiss LEGISLATIVE REPORT
« Reply #1 on: January 12, 2011, 08:50:46 pm »

Heh! Got your forward in email and came over here to post it up, and I see that you beat me to it, lol! Thanks for posting, Bro.

It's an awesome indictment on the damned by God federal mechanism, ya think? ;)

I love what's going on in Montana right now.

But Basil, you got that email from "Clarice" (I already know her last name, but won't post it here). Would you be kind enough to email me her return email addy please - I need to talk with her about our Liberty Vanguard 2011 thingy. Thanks!

"Heirs to self-knowledge shed gently their fears..."
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