[CRNMC] [crnmc-media] [Fwd: RE: [Fwd: Re: Measure "S" into Enforceable Law]]
Baile Oakes
baileoakes at gmail.com
Sat Dec 20 22:37:37 PST 2014
Dear Agnes !
You rock !
thanks for getting the ball going as far as contacting local supervisors to greatly encourage their support. The people have spoken and it is up to them to support the will of the people...that is, if we truly have a representative democracy.
hmmmmm
baile
On Dec 20, 2014, at 4:11 PM, agnes at mcn.org wrote:
> 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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