[CRNMC] What Ben Price of CELDF said about the supes not endoding Measure S

[Tim Rice]

On Sun, 28 Dec 2014, agnes at mcn.org wrote:

| Ed and Baile,
|      Should we send Ben's response to Dan Hamburg?

Perhaps start with suggesting Dan review Article 2, Section 1 of
the California Constitution where it states:
"All political power is inherent in the people.  Government is instituted
for their protection, security, and benefit, and they have the right to
alter or reform it when the public good may require." And Article 1,
Section 3.  (a) "The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good."

Note the "instruct their representatives".

Then maybe explain to him that our country was founded on the idea
that the people are sovereign. That the people are born with rights,
and that those rights don't come from any government. Those ideas
were recognized in Article 9 of the Bill of Rights when it said:
"The enumeration in the Constitution of certain rights shall not be
construed to deny or disparage others retained by the people." And
then the original California Constitution of 1849, in Article I, Section
21, stated: "This enumeration of rights shall not be construed to impair or
deny others retained by the people." The current California Constitution,
in Article I, Section 24 states: "Rights guaranteed by this Constitution
are not dependent on those guaranteed by the United States
Constitution.  .... This declaration of rights may not be construed to
impair or deny others retained by the people."

Then point out that Article II, Section 10 of the California Constitution
part a) says "An initiative statute or referendum approved by a
majority of votes thereon takes effect the day after the election
unless the measure provides otherwise."


| 
| Cheers,
| Agnes
| 
| > Sounds like it is getting back to my original email regarding Norman de
| > Vall's recomendation that we need to be proactive to assure the
| > codification of Measure "S" into county law.
| >
| > Norman was a supervisor for a long time and I figured there was
| > justification to his concern.
| >
| > Thoughts ?
| >
| > with love
| >
| > baile
| >
| > On Dec 26, 2014, at 8:53 AM, edward Oberweiser wrote:
| >
| >> edward Oberweiser <edoberweiser at gmail.com>
| >>
| >> Dec 24 (2 days ago)
| >>
| >> Hi Ben,
| >>
| >> Here is what one of our County Board of Supervisors is telling us.
| >>
| >> Ed Oberweiser
| >>
| >> Hi Agnes,
| >>
| >> I didn't mean to imply that three votes will lead to codifying Measure
| >> S.
| >> What I was saying was that three votes could codify a ban on fracking in
| >> the
| >> County.
| >>
| >> I don't believe the broader proscriptions described in "S" can be
| >> codified
| >> since they run so directly against state and federal law.  There is also
| >> the
| >> issue of an initiative addressing more than single subject (which is
| >> apparently a flaw in the drafting of "S").
| >>
| >> Prior to the November election, Sups. McCowen and Brown wanted to send
| >> "S"
| >> to the Superior Court to determine its constitutionality; however, a
| >> Board
| >> majority voted to allow it to go to the ballot regardless of the
| >> potential
| >> for a state and/or federal constitutional challenge.
| >>
| >> Now that "S" has passed overwhelmingly, I would like to see the original
| >> anti-fracking measure come back to the Board.
| >>
| >> I will talk with County Counsel to make sure I'm right about these
| >> matters.
| >>
| >> Dan
| >>
| >> Ben Price
| >> to Shannon, me
| >> Ed,
| >>
| >> I think you need to arrange a conference call with Shannon Biggs - and
| >> I'll join in if it helps --  to discuss why the Supervisors don't have
| >> a legal option to pick and choose what they enter into the code. If
| >> they or another party want to challenge the legality of the community
| >> bill of rights, or any part of it, there are legal avenues to do so.
| >> They may not assume the authority of a judge and jury and in their own
| >> judgement chop up the CBoR to suit their own taste.
| >>
| >> _______________________________________________
| >> crn mailing list
| >> crn at lists.mcn.org
| >> http://lists.mcn.org/mailman/options/crn
| >
| >
| > _______________________________________________
| > crn mailing list
| > crn at lists.mcn.org
| > http://lists.mcn.org/mailman/options/crn
| >
| 
| 
| 
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-- 
Tim Rice				Multitalents	(707) 456-1146
tim at multitalents.net