WYOMING’S WILDLIFE:  SF0097 and SJ0007

Wyoming is unable to properly manage its wildlife because of the impact of federally protected species over which we have no control.  This bill and resolution will assert that Wyoming has jurisdiction over its wildlife and will manage them without federal intervention.  Passage of this bill will undoubtedly be challenged in the courts and we welcome the opportunity to plead our case before the US Supreme Court.

 

SUPPORTING EVIDENCE

  1. “This Constitution….shall be the supreme law of the land.”  Article 6 Sec 2. The misconception is that Congress has supreme power over everything, but Congress has only those powers granted by the Constitution;  no more, no less.  (see item 2)
  2. Amendment X says “The powers not delegated to the United States by the Constitution….are reserved to the States…”  In NEW YORK v US (1992) Justice O’Conner said; “It is in this sense that the Tenth Amendment states but a truism that all is retained [by the states] which has not been surrendered [to the federal government]”.  Wyoming has not “surrendered” control of wildlife.
  3. Article 1 Sec 8 of Constitution defines 18 specific powers granted to the federal government.  NONE mention or imply wildlife.
  4. In Supreme Court ruling POLLARD v HAGEN  “No principle is more familiar than this, that whilst a state has granted a portion of its sovereign power to the United States, it remains in the enjoyment of all the sovereignty which it has not voluntarily parted with”  Wyoming has not “voluntarily parted with” jurisdiction over wildlife.
  5. “Territorial jurisdiction does not include the 50 sovereign states.  It is a well established principle of law that all federal legislation applies only within the territorial jurisdiction of the United States….”  Foley Brothers v. Filardo 336 U.S. 281 (1948)
  6. The Endangered Species Act is an “Act of Congress”.  Enforcement authority of an Act of Congress is defined in Title 18 of the United States Code Rule 54 (c);  “Act of Congress includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory, or in an insular possession.”  This is the official US Government definition.  Does not include Wyoming. 
  7. Supreme Court; “It is elementary law that every statute is to be read in the light of the constitution.  However broad and general its language, it cannot be interpreted as extending beyond those matters which it was within the constitutional power of the legislature to reach.”  MCCULLOUGH v COM. OF VIRGINIA, 172 US 102

 

Legislators, the Endangered Species Act CANNOT circumvent the Constitution!  You have sworn to uphold and defend the Constitution from all enemies, foreign and domestic.  Please pass this bill and assert Wyoming’s jurisdiction over wildlife.

 

 

 

 

 

Much more info and supporting Supreme Court rulings are availa

ble upon request.  Go to www.webstar3.com or contact Maury Jones (307)886-3356