[CRNMC] [crnmc-media] [Fwd: RE: [Fwd: Re: Measure "S" into Enforceable Law]]

Fri Dec 19 20:37:26 PST 2014

Baile,

Great message to Dan Hamburg!! Well done!!

Ed

On Fri, Dec 19, 2014 at 7:50 PM, Baile Oakes <baileoakes at gmail.com> wrote:

> Dear Dan,
>
> Yes, it is not in your power to direct County Council.  At the same time
> it is your right and duty to encourage County Council to write all of
> Measure "S" into the county code.
>
> The Ninth Amendment protects the unalienable rights of the People that
> have not specifically been given to the government.
>
> THE NINTH AMENDMENT
> "The enumeration in the Constitution, of certain rights, shall not be
> construed to deny or disparage others retained by the people"
>
> The Ninth Amendment clarifies that the specific individual rights stated
> in the Constitution, particularly the Bill of Rights, does not constitute
> an explicit and exhaustive listing of all the individual rights possessed
> by the people, and cannot be used by the federal government to increase its
> powers in areas not stated.
>
> I can not find any wording in the United States Constitution nor in the
> Constitution of the state of California that specifically gives the Federal
> and/or State government the  rights to deny the People the right to a
> healthy ecosystem supported by clean water, soil and air.
>
> Measure "S" supports and lawfully confirms these rights for a vibrant
> living ecosystem.
>
> Yes, the "Commerce Clause" in the US Constitution has been twisted by the
> Supreme Court to turn a blind eye to the Ninth Amendment and give
> corporations the power to deny these unalienable rights of the People.
>
> We are presently well past the point of the concept of a sustainable,
> healthy ecosystem.  It is not a matter of whether we are destroying our
> environment for the sake of Commerce...this is a given...now it is only a
> matter of how bad do we really want to make this situation.
>
> We need leaders in your position to have the courage to stand up and fully
> support the wording of Measure "S" and other laws that are supporting a
> healthy life for all Natural Communities.
>
> So, yes, we are asking you to take a stand and encourage and support the
> position that Measure "S" makes that a Healthy Life/Ecosystem is an
> unalienable right that is protected by the Ninth Amendment to the
> Constitution.
>
> We hope you have the wisdom and courage to use your office to fully
> support Measure "S."
>
> Thank you for taking the time to consider your stance in this regard.
>
> Respectfully,
>
> Baile Oakes
>
>
>
> On Dec 19, 2014, at 5:11 PM, agnes at mcn.org wrote:
>
> > ---------------------------- Original Message
> ----------------------------
> > Subject: RE: [Fwd: Re: [CRNMC] Measure "S" into Enforceable Law]
> > From:    "Dan Hamburg" <vote at pacific.net>
> > Date:    Fri, December 19, 2014 7:40 am
> > To:      agnes at mcn.org
> >
> --------------------------------------------------------------------------
> >
> > Dear Agnes,
> >
> > I can't direct County Counsel to do anything.  Only the Board of
> Supervisors
> > can do that (ie, 3 votes).
> >
> > I do not think Measure S is enforceable.  That's why I have advocated
> for at
> > least two years that the County pass an ordinance banning fracking along
> the
> > lines of the Santa Cruz County ordinance.  You will remember that such an
> > ordinance was before the board prior to the Measure S vote and failed by
> a
> > 2-3 vote.
> >
> > The three voting "nay" were McCowen, Brown, and Pinches.  With Pinches
> > retired, perhaps his successor Tom Woodhouse will provide a third vote or
> > perhaps McCowen or Brown will switch their votes now that the
> overwhelming
> > mandate of the voters against fracking has been demonstrated.
> >
> > I don't believe that the critical issue here is whether or not Mendocino
> > County is a charter county.
> >
> > I totally support the movement of which you speak.  We need to change
> > federal and state law such as cities and counties can protect themselves
> > from environmental devastation by outside corporations.
> >
> > Dan
> >
> >
> >
> > -----Original Message-----
> > From: agnes at mcn.org [mailto:agnes at mcn.org]
> > Sent: Thursday, December 18, 2014 8:37 PM
> > To: vote at pacific.net; gjerde at co.mendocino.ca.us
> > Subject: [Fwd: Re: [CRNMC] Measure "S" into Enforceable Law]
> >
> > ---------------------------- Original Message
> ----------------------------
> > Subject: [Fwd: Re: [CRNMC] Measure "S" into Enforceable Law]
> > From:    agnes at mcn.org
> > Date:    Thu, December 18, 2014 8:26 pm
> > To:      vote at pacific.net
> >         gjerde at co.mendocino.ca.us
> >
> --------------------------------------------------------------------------
> >
> > Dear Dan Hamburg,
> >
> > I urge you to direct the County counsel to codify all parts of measure S
> > into law. Due to concerns over whether the County Council could dismiss
> > parts of the law that he sees in conflict with state law. We are in the
> > process of joining a movement with 200 other communities to change the
> > rights that corporations have to disregard health and environment by
> > polluting the aquifers with injection wells with toxins to extract oil
> and
> > gas. Does the CA Constitution gives the people sovrenity to make their
> own
> > laws under a General Law County?
> > Or is it required that we be a Charter County?Please see the concerns
> > below.
> >
> > Agnes
> >
> >
> > Thu, Dec 18, 2014 at 1:20 PM, Baile Oakes <baileoakes at gmail.com> wrote:
> >>
> >>
> >>
> >> Dear all,
> >>
> >> Through my recent conversations with Norman de Vall, I have come to
> >> realize that I am woefully uneducated in the process of manifesting
> >> new laws.
> >>
> >> We have all helped to manifest Measure "S".  At the same time, it has
> >> no real teeth of enforcement until such time as it is written into the
> >> enforcement codes of Mendocino County.  This process takes place
> >> through the office of the county counsel.  The county counsel can
> >> choose to refrain from writing into the codes of law in the county any
> > part of Measure "S"
> >> that the county counsel deems to be unlawful.  Since the State of
> >> California presently does not ban fracking and has passed legislation
> >> clearly stating that the right to frack is solely determined by the
> >> State, than the county counsel could make the decision that no part of
> > Measure "S"
> >> can legally be written into the county enforcement codes.
> >>
> >> Norman has urged us to get busy contacting and lobbying our respective
> >> Supervisors in order to educate them and persuade them to direct the
> >> county counsel to "codify" all parts of Measure "S."
> >>
> >> Passing Measure "S" is only the first step in it becoming the law of
> >> the county.
> >>
> >> It is time for us to get on with the politics of making Measure "S" a
> >> meaningful and enforceable law in our county.
> >>
> >> Sending all the best to all of you'
> >>
> >> with love,
> >>
> >> baile
> >>
> >>
> >> _______________________________________________
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> >> crn at lists.mcn.org
> >> http://lists.mcn.org/mailman/options/crn
> >>
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> >
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>
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