HomeMy WebLinkAbout20241406.tiffRESOLUTION
RE: APPROVE DECLARING WELD COUNTY A "TENTH AMENDMENT SANCTUARY
COUNTY"
(CLERK'S NOTE: Pursuant to the Weld County Home Rule Charter, Article 3,
Section 3-13, the concurrence of three of the members of the Board is
required to approve a Resolution. The motion to approve the Resolution
Re: Approve Declaring Weld County a "Tenth Amendment Sanctuary
County," did not receive a second, therefore, there was no affirmative vote
of three Commissioners to approve the Resolution and it failed to pass.)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Tenth Amendment to the United States Constitution, a part of the Bill of
Rights, ratified on December 15, 1971, protects the inalienable states' rights, by stating that the
federal government has only those powers delegated to it by the Constitution, and that all other
powers not forbidden to the states by the Constitution are reserved to each state, or to the people,
and
WHEREAS, the powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the people, and
WHEREAS, the United States Supreme Court in United States v. Morrison 529 U.S. 598
(2000), in which certain acts were unconstitutional because those acts exceeded the powers
granted to the U.S. Congress under the Commerce Clause and the Fourteenth Amendment's
Equal Protection Clause, and
WHEREAS, United States v. Lopez (1995), was also a part of a series of Rehnquist Court
cases that limited Congress's powers under the Commerce Clause, and the Court again ruled
that a regulation enacted under the Commerce Clause was unconstitutional, and
WHEREAS, the Commerce Clause confers a unique position upon the federal
government in connection with navigable waters: "The power to regulate commerce comprehends
the control for that purpose, and to the extent necessary, of all the navigable waters of the United
States, and
WHEREAS, the state of Colorado does not have 'Navigable' waters as defined in
Art III.S2.C1.12 Admiralty and Maritime Jurisdiction, no Federal Agency has authority over water
in the state of Colorado, and
WHEREAS, Weld County, in the State of Colorado, does not have 'Navigable' waters as
defined in Art III.S2.C1.12, it is the desire of the Board to declare its support of the Ninth and Tenth
Amendment to the United States Constitution and the provisions of the Colorado Constitution
which protects Weld County Citizens' inalienable and individual rights to deny any action by any
Federal Agency that are outside of Federal's enumerated powers, and
2024-1406
BC0058
DECLARING WELD COUNTY A "TENTH AMENDMENT SANCTUARY COUNTY"
PAGE 2
WHEREAS, ARTICLE II, Bill of Rights Section 14, regarding taking private property for
private use states that private property shall not be taken for private use unless by consent of the
owner, except Ar private ways of necessity, and except for reservoirs, drains, flumes or ditches
on or across the lands of others, Ar agricultural, mining, milling, domestic or sanitary purposes,
and
WHEREAS, ARTICLE XVI, Mining and Irrigation Section 5, declares that water of streams
public property. The water of every natural stream, not heretofore appropriated, within the state
of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the
use of the people of the state, subject to appropriation as hereinafter provided, and
WHEREAS, all water of every natural stream in the State of Colorado and the County of
Weld has been appropriated and water rights appropriated to federal government must be
administered by Colorado State Engineers in accordance with Colorado water law, and
WHEREAS, Weld County will accrue significant production loss due to Federal
interference with water and a free market economy is the best carrier for freedom and prosperity
for all people when producers are free to produce, unshackled from the onerous restraints of
Federal agencies acting outside their enumerated powers, and
WHEREAS, Article II Section 3 of the Colorado Constitution provides that all "persons
have certain inalienable rights, among which may be reckoned the right of enjoying and defending
their lives and liberties; of acquiring, processing and protecting property which includes the
beneficial use of water, and
WHEREAS, the Commissioners each took an oath to support and defend the United
States Constitution, the Colorado Constitution, and the laws of the State of Colorado which are
not deemed unconstitutional by a court of competent jurisdiction.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Weld County be, and hereby is, declared to be a 'Tenth Amendment
Sanctuary County' for rights retained by the people of Weld County which have not been
surrendered.
(CLERK'S NOTE: The above and foregoing Resolution was considered
by the Board on the 3rd day of June, A.D., 2024. A motion to approve
the Resolution by Commissioner Saine died for lack of a second. The
Resolution did not pass because there was no concurrence of three
Commissioners to approve as required by Weld County Home Rule
Charter Section 3-13.)
2024-1406
BC0058
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