There has been much todo about the abuse of the presidential executive order and, perhaps, rightly so. The regular old trustworthy media outlets will let you know it is much todo about nothing.
Executive orders were intended to inform the employees how they are to carry out the laws created by the Legislative branch (Congress). They were not to be used to circumvent those laws or create laws as they have been used by recent presidents.
But how would you feel if the employee of your employee could write their own “executive orders” with full force of law:
“…punishable as a Class B misdemeanor by a fine of not more than $5,000.00 for individuals and $10,000.00 for organizations, or imprisonment for not more than six (6) months, or both.”
Such is the case with Executive Order Number: 04-13-04-R by M. Earl Stewart of the Coconino National Forest, “Done at Flagstaff, Arizona this 13th day of March, 2013..”
The order is to prevent people from “Possessing or using a bicycle off of National Forest System Roads or trails in the restricted areas.” Those new restricted areas are as follows:
1.Schnebly Hill Area: SR89A to the west, Caner Canyon to the north, Schnebly Hill Road to the east and south.
2.Transept Area: Junction of Verde Valley School Road and Forest boundary in Section 11, then north to junction with Templeton Trail, then east to switchbacks next to private property, then further east to SR179, then south along SR179 to Forest boundary, then west to Verde Valley School Road.
3.Scheurman Mt. – Airport Area: Junction of Lower Red Rock Loop Road and Forest boundary in Section 28 west and north along Lower Red Rock Loop Road to SR89A, then east to Sedona High School and then east along boundary with private/Forest boundary north of Carroll Canyon, continuing east along private boundary north of the Sedona Airport to Brewer Road, then southwest generally following Oak Creek along Forest/private boundary to junction of Ridge Trail with Chavez Ranch Road, follow Chavez Ranch Road west to Upper Red Rock Loop Road, and then west to connect with Lower Red Rock Loop Road.
4.Possessing or using a bike is permitted ONLY in the following slickrock locations that are within the restricted areas, adjacent to a designated trail: Cow Pies, upper and lower Hangover saddles, slickrock between Hiline Saddle and “the Hiline chute”, slickrock bench above Yavapai Vista, and slickrock bench at junction of Templeton and Cathedral Rock trails.
Oh, unless you work for the “forest service” in which case you can drive vehicles of any kind throughout the forest or whatever as long as it is in the performance of your duty.
“This order is needed to prevent impacts to the highly erosive soils, Oak Creek water quality, archaeological sites, and the Casner Canyon RNA resulting from bicycle use off of National Forest system roads and trails,” the order claims.
Doggone bicycles! Ruining nature. I knew you were evil.
The fact that this can be done by a bureaucratic employee is disturbing enough. But according to a recent press release concerning HB 2551, Game and Fish Director Larry Voyles said, “[C]urrently state law says that if a federal entity establishes regulations related to roads, trails, routes and closed areas, they are automatically codified by Arizona state law and if a person operates outside the parameters of the federal regulation, that individual is automatically in violation of state law.”
That means that this Executive Order enjoys full coverage of Arizona State Law. This means that an employee of the employee of our national government can willey-nilley make a law completely bypassing that nasty old Tenth Amendment, the rights of the citizens of Arizona with no due interference from our State Legislature—not to mention in complete violation of the Constitution of the United States of America. And the State employee of the national employee of the national employee has to enforce it. And all without having to file one campaign finance report.
Get it?
Senator Chester Crandell and The Arizona Game and Fish Commission support the bill, “…but the commissions support is contingent on changes that will be offered by the commission allowing the State of Arizona to decide which federal rules and regulations will become enforceable by state wildlife officers under state law.”
By the way, we are not referring to any old H.B. 2551,
“Amending title 6, Arizona Revised Statutes, by adding chapter 18; providing for the delayed repeal of title 6, chapter 18, Arizona Revised Statutes, as added by this act; relating to financial institutions.”
We are referring to the new and improved H.B. 2551 “strike all” amendment that would,
“Strike everything after the enacting clause and insert:
“Section 1. Section 28-1174, Arizona Revised Statutes, is amended to read:
28-1174. Operation restrictions; violation; classification
&tc., &tc., ad nauseam.
You’re welcome. If we can confuse you any more, then we should be getting a check from George Soros.