Clay

May 012013
 

Fundamental Principles Related to
 “Extra-Territorial Jurisdiction”

IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America

“… Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government …”

– from the second paragraph of the United States Declaration of Independence –

 

Constitution of the State Of Arkansas of 1874
Declaration of Rights

2. Freedom and independence.

All men are created equally free and independent, and have certain inherent and inalienable rights; amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property, and reputation; and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.

 

22. Property rights – Taking without just compensation prohibited.

The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor.

 

28. Tenure of lands.

All lands in this State are declared to be allodial; and feudal tenures of every description, with all their incidents, are prohibited.

 

(Allodial – Free; not holden of any lord or superior, owned without obligation of vassalage or fealty; the opposite of feudal –Black’s Law Dictionary-Sixth Edition)

 

29. Enumeration of rights of people not exclusive of other rights – Protection against encroachment.

This enumeration of rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government; and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void. 

www.July4.org

 Posted by at 5:00 am
Feb 262013
 

State Representative John T. Vines submitted an AG Opinion request on behalf of Brian Albright, Hot Springs City Attorney, posing five questions related to a petition submitted to the Mayor of Hot Springs calling for an election to vote FOR or AGAINST return to the aldermanic form of government. The AG Opinion (No. 2012-139) is dated January 30, 2012.

Opinion No. 2012-139 (html)
Opinion No. 2012-130 (pdf)

 Posted by at 6:41 pm
Jul 192012
 

Look for this poster & other signage at our booth at the Garland County Fair in September!

Restore Accountaility

Return Hot Springs to Strong Mayor/Aldermanic form of government

Only registered voters who are city residents are eligible to sign the petition.It will mandate an opportunity for city voters to decide “FOR” or “AGAINST” the change.

If sucessful, the city manager and board of directors would be replaced by a strong mayor/aldermanic form of government. Under the “new” system (which would be an abandonment of the city manager experiment and return to the original form of city government) department heads would be directly accountable to a mayor with hiring/firing authority. A directly elected official (the mayor) would be CEO of the city instead of an unelected city manager hired by the city directors, who takes no oath of office, and who cannot be fired by the voters at the polling places.

Clay Herrmann

 Posted by at 2:06 pm
Mar 062012
 

The National Property Rights Alliance  and others assert that Municipal ETJ’s including the Hot Springs ETJ are Unconstitutional. It may feel “un-American” for City officials to control real estate matters infringing on the property rights of citizens outside municipal limits who cannot vote in city elections and are not entitled to city services … and that it surely must therefore be “Unconstitutional”.

Can definite and specific explanations be made with direct reference to the relevant parts of the Constitution? Or else arguments referencing other founding documents that inform understanding the Constitution? What argument could a lawyer make to a judge or a jury in court for ETJ Unconstitutionality?

I hereby invite my readers to take a stab at that question using the “Leave a reply” feature below.

(Make reference to either the U.S Constitution or the Arkansas Constitution for your case regarding ETJ’s being Unconstitutional. ETJ’s are alleged to violate both.)

Clay Herrmann

 Posted by at 8:33 pm