GDG- Re: NP jurisdiction is Federal not State?

[Van Cooper]

Coming out of a long lurker status- I am not intending to start a new 
discussion on causes, but if my failing memory serves me, there was a war 
fought over this very issue, without which war this group would not exist.


----- Original Message ----- 
From: "Richard M Kadas" <rkadas at sbcglobal.net>
To: "GDG" <gettysburg at arthes.com>
Sent: Sunday, December 30, 2007 6:17 AM
Subject: Re: GDG- Re: NP jurisdiction is Federal not State?


> Esteemed GDG Member Contributes:
>
>
> The general rule in federal v. state regulatory issues seems to be that 
> federal rules and regs are superior to state ones except where no fed regs 
> exist.  A general caveat is that if state regs were drafted based on a 
> federal template as a condition of federal funding then state regs more 
> stringent than federal regs are allowed to take precedence over them.
>  Dick
> "Margaret D. Blough" <mdblough1 at comcast.net> wrote:
>  Esteemed GDG Member Contributes:
>
>
> It was an analogy, Dave. I wasn't saying that the state has jurisdiction 
> over federal property, only that a governmental unit, regardless of the 
> level, that requires a license to engage in an activity will take action 
> if someone engages in that activity without a license.
>
> Regards,
>
> Margaret
>
> -------------- Original message -------------- 
> From: DShultz180 at aol.com
>
>> Esteemed GDG Member Contributes:
>>
>>
>> > <> > I engaged in the practice of law or a doctor engaged in the 
>> > practice of
>> > medicine without a license.>>
>> >
>> I'm curious to know why the state of Pennsylvania would prosecute someone 
>> for
>> allegedly breaking Federal law on Federal property? I am a (part time)
>> California Sate Park Ranger working Huntington and Bolsa Chica State 
>> Beaches. We
>> are
>> west of Pacific Coast Highway. We have no jurisdiction whatsoever on the
>> Federal Preserve directly east of and across the highway from us, just as 
>> the
>> NPS officers do not on state land. The state takes care of state issues 
>> only.
>> The Feds, however, can intercede on their own behalf if Federal law, or 
>> one's
>> civil rights, is in question.
>>
>> We had major issues out here when the terrible fire storms jumped from 
>> state
>> to federal lands then into city, then repeated the process. Talk about
>> jurisdiction? Would you believe that Federal fire fighters received fines 
>> in
>> the
>> mail for passing through state and city toll booths while not on duty 
>> (rolling
>> to find some R&R). The lower courts upheld the fines, the state smartly 
>> waved
>> them.
>>
>> I can't help but think that conducting unlicensed tours within Gettysburg
>> National Battlefield Park would be a Federal issue and not state. I could 
>> be
>> wrong. The issue here is simple, there has to be rules and regs otherwise
>> there
>> would be anarchy and chaos. The NPS, in my opinion, has the right to set 
>> their
>> own rules and licenses process on their property. Why would the state of
>> Pennsylvania interfere? The state has no jurisdiction in any NP within 
>> it's
>> boundaries in California unless it is a capitol crime. I have to disagree 
>> about
>> the state taking any action on what should be considered a misdemeanor.
>>
>> Dave S.
>>
>>
>>
>>
>>
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