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

Sat Dec 20 16:11:22 PST 2014

Hi Y'All,
I'd appreciate some credit for sending an inquiry to Dan Hamburg as
acknowledged by Baile. Dan always answers promptly.

Agnes

> 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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>> >>
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>> >
>> >
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>>
>>
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