First let’s start at the beginning. It all starts with a little ol’ document called the United States Constitution. In the Sixth Article of the Constitution it states:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
This basically means this…
The states’ constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state.
Federal law trumps State Law, including the State of Oregon.
The 14th Amendment to the United States Constitution reads like this:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
For our sake let’s remove the word immunities from the above passage. I am sure it is important, but I am trying to get at something. Let’s now take another look at it.
No State shall make or enforce any law which shall abridge the privileges of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
We have already established that federal law is the supreme law of the land and that State judges have to honor federal law over State laws. Privileges are grants given from the federal government, usually in the form of laws, such as the Bill of Rights, but equally important is the Federal Mining Act of 1872. See some of those laws HERE. This was a previously written piece submitted by Old Gold Miner.
Environmental groups are hell bent on repealing our rights and are right now trying to find a way to repeal the Mining Act of 1872. There main complaint that minerals taken from federal land is untaxable. However, this part of the liberties that our forefathers gave to us. It is hard work to find and extract minerals. Living wages are hard to find in this field. Yet the environmentalist like to conjure up an image of a fat cat sitting back behind a desk racking in millions of tax free dollars. That’s a joke! When in reality they just want the masses to donate to their “so called” non profit organizations. Anybody who knows anything, knows that these organizations have their ways to profit.
They also claim that hundreds of thousands of mines need to be cleaned up and will cost the government billions of dollars to CLEAN. These so called hundreds of thousands of mines include placer claims (surface mining) where prospectors would take dirt, run it through a pan or sluice box (Long Tom), and return that dirt and rocks to the ground. So in other words they are saying that they want to clean the dirt and make it cleaner? In the end you still have “just dirt”.
Countless scientific studies have been done (as to the impact of sluicing, highbanking and suction gold dredging), but environmental groups still want to spread lies and evil propaganda to feed their own pockets and money making schemes under the guise of “non-profit.” Evil politicians making shady deals behind closed doors with these radical anti-American groups; try to bend the law and try enforce unlawful permits and unlawful regulations under the guise of a State government that has no lawful say in the matter.
Mining is the first step of American Industry, productivity and economic stability. In case, you haven’t seen the unemployment numbers, we could use some productivity in the State of Oregon.
Remember Federal Law supersedes State Law!
Including unlawful fraudulent permits fee’s and forms!
If federal law grants a privilege, no State shall make nor enforce a law to abridge or deny your privileges!
Don’t be fooled and know your rights!