Fifty shades of Big Government
Today’s installment of Shutdown Theater includes the Obama Administration trying to rope off the ocean, as
charter fishing boat captains and tour guides were informed by the
National Park Service shock troops of His Imperial Barricading Majesty
that Florida Bay is closed for the duration of the current “budget
crisis.” (Disclaimer: no actual “budget,” or anything remotely resembling one, will be involved in its resolution.)
Given
that we’re talking about over a thousand square miles of prime fishing
ground, this sounds like one of those shutdown situations where it might
require more manpower and money to close the area than it would to keep
it open. The
World War II memorial in Washington, DC stands as the most visible
symbol of this vindictive lunacy, an open-air monument that isn’t
normally attended by rangers 24 hours a day when it’s open, but requires
squadrons of guards and tons of barricades (now wired shut to hold the
heroes of Normandy and Iwo Jima at bay) to keep it closed. Quite a few
of these Shutdown Theater productions are occurring on sites owned
largely by state governments, or funded with private money.
One
National Park Service employee who didn’t like getting drafted into the
Shutdown Shock Brigade complained, “We’ve been told to make life as
difficult for people as we can. It’s disgusting.” That’s explosive
talk, and you’d think the media would be keenly interested, but they’re
still busy chasing the kid White House aides pointed out to them as a
glowing success story of the ObamaCare launch, even though it turns out
he didn’t actually buy any ObamaCare.
Who’s got time to listen to a park ranger talk about how he was
specifically ordered to make the American people suffer until Obama’s
demands are met?
Comment of Sid Preskitt:
ReplyDeleteThis has prompted me to reply to all on this e-mail with this information: Several years ago when the Fedgov/Canaveral National Seashore Park started requiring several permits and licenses that ran to around $500 for fishing guides I looked into the issue of how they claimed jurisdiction over the water areas of the Mosquito Lagoon. Well,it seems that in 1980 the State Board of Trustees dedicated the land areas for the park to the Fedgov and in that Dedication they ALSO dedicated the water areas of the State.
The problem with this is that the Florida Constitution is very clear in that ownership of all the all navigable waters in the State is in the people as individual State Citizens in their united Sovereignty. The State only holds title to these waters in trust for its citizens and it can't be alienated from them.
The Florida Supreme Court spoke to this by ruling:
"It is clearly established as the law in this jurisdiction that by virtue of its statehood, Florida holds title to the waters, shores and beds of all navigable waters in trust for the people for the purposes of navigation,commerce,fishing,bathing and other easements allowed by law in the water. Such trust is governmental and cannot be wholly alienated". Odom v. Deltona Corp. and Board of Trustees of the Internal Trust Fund v. Deltona Corp.
There are more supportive cases to this in the U.S.Supreme Court as well.
It appears to me that the Board of Trustees erred when they gave our navigable water areas to the Fedgov. My opinion is that ownership of these water areas should rightfully be returned to the State of Florida.
I sent a letter on this issue to Gov. Jeb Bush and Board of Trustees in 2001. They did not reply.
I am sure that the same water area transfer was done with Florida Bay and any other similar areas in the State
I think it deserves to be pursued.
Cheers
Sid
Besides the Florida Constitution there are several Supreme Court cases that are supportive. "...the States own the tide-waters themselves and the fish in them...for this purpose the State represents its people and the ownership is that of the people in their united sovereignty...The right which the people of the State acquires comes not from their citizenship alone, but from their citizenship and property combined. It is in fact a property right..." McCready v. State of VA. 94 U.S. 391