GDG- Re: NP jurisdiction is Federal not State?

[Clarence W. Hollowell, Jr.]

Van 
 You hit the nail on the head .
 
Clarence Hollowell"Those who come after us will fill up the canvas we begin."Thomas Jefferson> From: vcooper205 at gmail.com> To: gettysburg at arthes.com> Subject: Re: GDG- Re: NP jurisdiction is Federal not State?> Date: Sun, 30 Dec 2007 07:25:27 -0600> > Esteemed GDG Member Contributes:> > > 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.> >>> >>> >>> >>> >>> >> **************************************> >> See AOL's top rated recipes> >> (http://food.aol.com/top-rated-recipes?NCID=aoltop00030000000004)> >>> >> ---------------------------------------------------------------- > >> You may unsubscribe by going to> >> http://mailman.arthes.com/mailman/listinfo/gettysburg> >>> >> You can add yourself to the GDG map at:> >> http://www.frappr.com/gettysburgdiscussiongroup> >>> >> View archived posts from May 2004 - present at> >> http://mailman.arthes.com/pipermail/gettysburg/> > ----------------------------------------------------------------> > You may unsubscribe by going to > > http://mailman.arthes.com/mailman/listinfo/gettysburg> >> > You can add yourself to the GDG map at: > > http://www.frappr.com/gettysburgdiscussiongroup> >> > View archived posts from May 2004 - present at > > http://mailman.arthes.com/pipermail/gettysburg/> >> > ----------------------------------------------------------------> > You may unsubscribe by going to > > http://mailman.arthes.com/mailman/listinfo/gettysburg> >> > You can add yourself to the GDG map at: > > http://www.frappr.com/gettysburgdiscussiongroup> >> > View archived posts from May 2004 - present at > > http://mailman.arthes.com/pipermail/gettysburg/ > > ----------------------------------------------------------------> You may unsubscribe by going to http://mailman.arthes.com/mailman/listinfo/gettysburg> > You can add yourself to the GDG map at: http://www.frappr.com/gettysburgdiscussiongroup> > View archived posts from May 2004 - present at http://mailman.arthes.com/pipermail/gettysburg/
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