NWV News -- Oregon Sheriff Gil Gilbertson Continues Stand Against U.S. Forest Service

NWV News -- Oregon Sheriff Gil Gilbertson Continues Stand Against U.S. Forest Service



By Sarah Foster
Posted 1:00 AM Eastern
November 23, 2011
© 2011 NewsWithViews.com

Josephine County, Ore. -- Two months ago Gil Gilbertson, the sheriff of this rural county in southern Oregon, drafted a 10-page report exploring the origins and extent of federal power within a state and emailed his findings to various parties, asking for comment.

Since the report was in rough-draft form he was somewhat surprised that it went viral, but it shows there are a lot of people hungry for information about how much power (particularly law-enforcement power) the federal government actually wields within a state, where that power comes from, and the limits to that power.

Gilbertson continued his research and recently completed a 13-page revised and updated version, retitled: Unraveling Federal Jurisdiction within a State. It is highly footnoted with references to statutes and court decisions.

This a “must read” for anyone concerned about infringements against the 10th Amendment and federal encroachments in general – like road closures, Wild Lands and Monument designations, mining and other resource uses. In other words, this is for anyone and everybody with an interest – no matter how casual -- in accessing the public lands, either as a “resource user” (a rancher or miner) or simply a casual vacationer who enjoys weekend camping.

“If you’d told me two years ago that I would be writing such a document, I would have probably walked away from you shaking my head,” the sheriff notes in the introduction.

“This paper is a result of a clash with the federal [U.S. Forest Service] law enforcement in this county, from citizens complaining of what can only be described as harassment and violations of their rights,” he explains. “The first time I approached the USFS the door closed regarding any discussion. The USFS advised me to file a Freedom of Information (FOI) request. “

Eventually Gilbertson was able to discuss the issue with the Forest Service. “Most of my questions were answered except for one: Where does the USFS’s authority come from? (bold-face in original). The answer(s) were surprising.”

Finding the answer is one of five tasks he set himself, which he lists as follows:

1. Identify true jurisdictional authority of the Federal Government
2. Examine and expose how the reserved powers of the States are usurped by federal agencies writing and enforcing their self-imposed codes and regulations
3. Examine how the health, safety, and welfare of the Citizens within the State are undermined
4. Provide a positive and equitable solution
5. Coordinate with like-minded Sheriffs to take a formal stance on these issues.

Mission Creep

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