Saturday, January 1, 2011

Wolf Wars IV

The latest episode of the Wolf War is heating up in Boise, and locally as well. The state legislature is reportedly working on a “Nullification Resolution” that essentially tells the Feds to take their wolves and stuff it. Nullification is the legal theory that a state has the right to nullify (invalidate) any federal law which that state has deemed to be unconstitutional, and is based on the viewpoint that the Sovereign States formed the Union, and as such have the final authority regarding the power of the Federal government. With this, the states can, and must, refuse to enforce unconstitutional federal laws. Or at least so said Thomas Jefferson, James Madison, and even Patrick Henry among others. I can see where this could become a long and drawn out legal process however. If it can be brought about, it does open the door to eventually dumping the entire endangered species act, and if we’re really lucky we can get rid of the EPA while we’re at it! But… I’m sure that the enviro’s will fight that tooth and nail, with every dollar and shyster lawyer they can drum up. A lot of folks will tell you that attempts at nullification have never been successful, but two dozen American states nullified the REAL ID Act of 2005, and more than a dozen states have successfully defied the federal government over medical marijuana. Nullification initiatives of all kinds, involving ObamaCare legislation, Cap and Trade, and even Second Amendment issues, are popping up in several states including Idaho. We’ve tried just everything else that’s legal, and nothing seems to stop the relentless march of big government, so, we need the mechanism of defense that Jefferson left us, not just the odds and ends that doesn’t offend Katie Couric or the New York Times. (Which I think is even more proof that it’s a good idea.) But… it is a legal means to get something accomplished to control our wolf infestation… which will probably take several years… and I question if our wildlife or even domestic animal populations could survive that long!

On the local front, and of questionable legality, we have the proposal from “The Committee for a Safe and Wolf Free Idaho”, in that we just shoot the darn things and be done with ‘em. Personally I think that’s the best idea to come down the pike in many a year, but I have very serious doubts that we’d get away with it for long. Face it, such action would have the fairly small population of Idaho County (the possibility of Clearwater County joining in was mentioned) going head to head with the federal government. And the feds do have far greater resources that we do, which not only includes the Fish and Wildlife Service, but also the FBI, and if things got bad enough probably the US Army as well! Does anyone really believe that the feds would even hesitate to use every weapon in their arsenal against us “anti-government rednecks” if we were to seriously challenge their authority? I wouldn’t be too concerned about “Black Helicopters”, but we might see a few missile armed reconnaissance drones flying over the Nez Perce! ‘Course if everybody were to agree, we could become the modern version of Ft. Sumter I guess…

Rex Rammell, who unsuccessfully ran for governor last spring, is pushing a plan to take wolf management policy away from the U.S. Fish and Wildlife Service, and give it to the county. Rammell wants the county commission to pass an emergency ordinance giving Sheriff Doug Giddings authority to kill wolves. "The legal vehicle for removing wolves is an emergency ordinance. We already have an emergency declaration, now we need an emergency ordinance to give us the authority to actually start killing them," he said. "We think that is a legal avenue and trumps the Endangered Species Act because it's a county emergency." The Idaho Attorney General's office and the U.S. Fish and Wildlife Service have declined to comment on Rammell's idea (probably too busy sharpening their legal knives), while County Prosecutor Kirk MacGregor said he would give the commission his legal opinion on the matter if (when) asked. County Commission Chairman Skip Brandt said the commission can not pass an ordinance that will give a citizen the ability to go against federal or state law. “Any such action would be misleading to the folks we represent. Outside the 10J rule, if a citizen shoots a wolf, ordinance or not, the shooter is on their own with the federal legal system. The constitution is very clear that there are states’ rights but it doesn’t give county rights. The counties operate under the state, period.” Skip’s quite right I’m afraid, and I certainly don’t advocate anyone’s breaking the law, nor could I afford the long and gory court case were I to do so. (A hundred thousand dollar fine, and five years of making license plates in a federal slammer doesn’t sound like a real good way to spend my remaining years!) With the federal courts in their current shape I certainly couldn’t expect any more justice than the person caught shooting a wolf, and that’s “little to none”. I do ‘spect we’d all be guilty of conspiracy or something. However, if the State of Idaho were to get fed up with the status quo, and adopt Wyoming’s wolf management plan…

But for the moment, the wolf is at the door, and the region is beginning a new and ugly chapter in the reintroduction fight. We just might see a whole new round of civil disobedience where "shoot, shovel and shut-up" is no longer a local joke, but has become the battle cry. Well, I still have my ‘ol musket and a “bad attitude”…

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