[meteorite-list] New BLM Rules - Proposition 120

[Paul H.]

In “New BLM Rules” at
http://six.pairlist.net/pipermail/meteorite-list/2012-September/087388.html
Jim Wooddell wrote,

“In light of these new meteorite rules, the people 
of AZ have Proposition 120 to consider. In a nut 
shell, it's AZ telling the Feds to go pound sand and 
reclaim sovereignty they should have had in the
first place.... which is a states right! Something we 
all should seriously look at and consider. I know 
politics are vodoo here...so I wont state an my 
opinion. It does directly effect meteorite hunting
in the State of AZ. How this plays out will be 
interesting, to say the least.”

There is an article about Proposition 120 in:

Proposition Challenges Control Of Federal Lands
Move to seize 25 million acres divides candidates 
for Legislature by Pete Aleshire, Payson Roundup,
September 23, 2012.

http://www.paysonroundup.com/news/2012/sep/14/proposition-challenges-control-federal-lands/

The article states:

”Many opponents maintain that the whole crusade 
amounts to a waste of time and effort, since federal 
courts have repeatedly ruled that federal law takes 
precedence over state law and that states have no 
power to nullify federal law, including the landmark 
Cooper v. Aaron case in 1958. The federal government 
acquired much of Arizona from Mexico through the 
Treaty of Guadalupe Hidalgo that ended the Mexican-
American War. The federal government acquired the 
rest of the territory through the Gadsen Purchase. By 
contrast, the 13 original colonies entered the union 
with very little public land.

As a result, a number of independent legal scholars 
have concluded that the federal courts would quickly 
overturn the measure even if it passes, according to 
an analysis of the proposition published by the 
Morrison Institute for Public Policy.”

Look at:

Perkins, E. J., 2012, Understanding Arizona's Propositions:
2012 Series. Prop 120 – State Sovereignty Act. Morrison
Institute for Public Policy, Arizona State University, Phoenix, 
Arizona

http://morrisoninstitute.asu.edu/2012-understanding-arizonas-propositions/2012-prop-120-state-sovereignty-act

I would not hold my breathe waiting for proposition
120 to change matters as far as the BLM goes. 

Also, one result of proposition 120 would be to turn 
all national parks, including the Grand Canyon, within
Arizona to the state of Arizona, who could then sell 
this property to private individuals and corporation 
to do what they want with them. Destroying all of the
national park system within Arizona seems to be a 
steep price to pay for getting rid of BLM regulations 
that people do not like.

Also, you may find state officials no different, or even 
worse, than federal officials with which to deal. Be 
careful for what you wish.

Best wishes,

Paul H.