This column presents facts regarding the United States Constitution, the Declaration of Independence, the Wisconsin State Constitution, and various other documents in reference to modern topics. Mark hopes to encourage interest in those works so that others can consider whether our government is practicing within its constitutional limits. In the last category, he may indicate his opinion. Mark is a resident of New Berlin. Readers are encouraged to visit the following sites for more information on the United States Constitution and Thomas Jefferson's views on politics and government.
According to The Hill, 10/4/13
Wisconsin Gov. Scott Walker (R) is defying orders from Washington, D.C., to close down several state parks that receive federal funding.
Despite receiving a closure directive from the National Park Service, Wisconsin's Department of Natural Resources (DNR) has decided instead that parks partly funded by the federal government would stay open to the public.
In the wake of this week's federal government shutdown, the U.S. Fish and Wildlife Service also placed barricades by a boat launch on the Mississippi River because it was on federal land. Wisconsin’s natural resources agency reopened it.
State officials said they had legal authority to remove the barricades at the boat landing because of an agreement Wisconsin has had with the federal government since 1961.
"We respect the magnitude of the process the federal government has had to undertake to close its properties and certain activities on properties they own and manage," Wisconsin's Natural Resources Secretary Cathy Stepp told department employees in an email obtained by The Hill.
"However, after close review and legal consult, DNR has clarified areas where the federal procedures are over-reaching by ordering the closure of properties where the state has management authority through existing agreements."
The boat launch was “the easiest, glaring example of the over-reach to me,” Stepp said in a phone interview to The Hill Friday. “In essence, what they were doing is expecting us to enforce closing the Mississippi River. First of all how do you even implement something as gigantic as that?”
Stepp said the federal funding amounts to just 18 percent of the budget for the state parks affected.
The Federal Government vs. The State Governments and the Constitution
The Constitution, Tenth 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.
We the People:
This is no small matter; land control is paramount. It illustrates another brazen bluff by the federal government to limit us and the states. Some frame this as defiance by Governor Walker, but he is correct to assert his legitimate power on behalf of the state of Wisconsin in order to protect our liberty to use this land. By violating the 10th amendment, it is President Obama who is in defiance.