By DR. LARRY MOSES
No one asked me but… America is either a country of laws based on a Constitution or it is a chaotic state that moves on the winds of the day. You may or may not like the law, but without it the country becomes like a football game where everyone gets to decide what the rules are as the game is played. Obviously not all people will like the rules that are established but there is a lawful means to change those rules.
I am not particular fond of the idea of deporting law abiding individuals who have entered the country illegally; however, they have violated the laws of the United States. There are those who demand that only those who are in the country illegally and then commit another felony should be deported. The point is both of these aliens are in the country illegally.
If indeed we don’t, and I agree that we don’t, want to deport those who have been in this country illegally for an extended period and have been contributing members of society, we need to eliminate the law that requires their deportation. We need to establish a means for them to be in the country legally and establish a law that would allow them to become full fledged American citizens if they so desire.
Another point at hand is the issue of BLM and the Bundys. Had the federal government followed the federal Taylor Grazing Act we would not have this situation that has festered in southern Nevada. I really don’t care how you feel about the Bundys or the BLM; the point is that there are laws that deal with the situation. The BLM chose to ignore them and made up their own rules because they thought it was easier that acting within the law. The open range laws are very specific and were openly violated by the BLM.
Had the BLM followed the law, there would have been no need for the feds to violate the First Amendment rights of those who opposed the cattle roundup. They would not have had to pass edicts that restricted free speech and freedom of the press. There would have been no need to arbitrarily shut down the Logandale Trails, fifty miles from the scene. There would have been no need to physically attack citizens who had gathered to protest the illegal roundup and killing of cattle.
If the government is not willing to operate within the law, this is not a country ruled under law based on the Constitution. This is the method of rule of a dictatorship and it little matters if the dictatorship is an elected one or an inherited one. Even Russia holds elections.
If states like Colorado, Nevada, and Oregon, want to make the sale and use of marijuana legal for recreational use they need to get the federal drug laws changed. While I believe any adult who is stupid enough to put drugs in their body should be allowed to do so; I will not champion the cause to legalize or criminalize the use of drugs. I am merely stating that one must get the federal drug laws changed or challenge the law in court and have them declare unconstitutional under the 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
This is not radical thinking; this is merely a plea that we play by the rulebook. What I find interesting is that the Conservatives have for years argued for states rights and the liberals have demand edthat the federal law must supersede state laws. However, now with the conservatives in power at the federal level, the liberals are quickly demanding states rights on issues like sanctuary cities and drug laws. Conservatives conversely are now championing the cause of federalism.
No one asked me but… Two interesting laws have been introduced at the state legislature. Well, there are more than that, but there two I would address today.
First, Senator Don Gustavson has introduced a bill that would require third graders to learn to write cursive. Has anyone told the good Senator that students today don’t write anything? People under the age of forty keyboard. When forced to use a pen, they print.
To lament the fact that new generations cannot write or read cursive is like lamenting that they no longer know how to cook over an open wood fire. The students in CCSD don’t ride their horses to school anymore. Okay, Sandy Valley is an exception they maybe still riding horses and cooking over open fires. For the most part we don’t hunt our own meat and capture our mates by force. We deposit checks with our phones and sign contracts over the Internet. My car doesn’t use a crack to start. It is a new age. Senator, get over it.
The second bill is a proposal presented by Senator Aaron Ford. He claims it is necessary to protect parents who serve on the school advisory committee from liability for decisions they may make in advising principals at their schools.
Senator Ford was instrumental in gutting any meaningful provisions of reform under AB 394 and this is merely an attempt to frighten parents and community members from serving in an advisory role at the schools.
I have read AB 394 and R 142-16, the regulations enforcing AB 394, extensively. Senator Ford was able to remove any decision-making power below the level of School Area Superintendent. The School Organizational Team’s role is advisory only. The local school principal’s role is advisory only.
The decisions that are made for the school are at the School Associate Superintendent level and R 142-16 is specific when it states: “The school associate superintendent must be held accountable for all aspects of the performance of each local school precinct to which he or she is assigned….the school principal shall develop a plan of operation for the local school precinct with the assistance and advice of organization team … submit the proposed plan of operation … to the school associate superintendent for approval.”
The only liability I see here is at the School Associate Superintendent level. I may give someone advice but I am not responsible for whether they take it or not. There is a major difference between advice and decision making.
Thought of the week…The only thing to do with good advice is to pass it on. It is never of any use to oneself.
-Oscar Wilde
