The county supremacy and militia movements: Federalism as an issue on the radical right

Publius: The Journal of Federalism

Volumn 26, Issue 3, 1996, Pages 161-175

  Chaloupka, William ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0030171016     PISSN: 00485950     EISSN: None     Source Type: Journal    
DOI: 10.1093/oxfordjournals.pubjof.a029861     Document Type: Article

References (85)

1. 1 "Distrust of Government," ABC News/Washington Post Poll, 17 May 1995, Posted to America Online (keywords ABC/NEWS/POLLS), transcript ab5np036-7.
2. 2 For a comprehensive Wise Use review, see Phil Brick, "Determined Opposition: The Wise Use Movement Challenges Environmentalism," Environment 37 (October 1995): 16-28.
3. 3 Daniel Junas, "Rise of Citizen Militias," Covert Action Quarterly 52 (Spring 1995): 14-20. See Netscape version: http//www.worldmedia.com/caq/militia.html (27 January 1996).
4. 4 Kenneth S. Stern, A Force Upon the Plain: The American Militia Movement and the Politics of Hated (New York: Simon & Schuster, 1996), pp. 122-123. The first legal test of a county supremacy ordinance occurred in Lincoln County (NM) v. United States, 1992, which was dropped when the Bureau of Land Management issued a letter promising to cooperate with the county. See Jim Carrier, "Rebels Ride Again: Nevadans Take On Federal Sovereignty," Denver Post, 21 January 1996, pp. A1, A16.
5. 4 Kenneth S. Stern, A Force Upon the Plain: The American Militia Movement and the Politics of Hated (New York: Simon & Schuster, 1996), pp. 122-123. The first legal test of a county supremacy ordinance occurred in Lincoln County (NM) v. United States, 1992, which was dropped when the Bureau of Land Management issued a letter promising to cooperate with the county. See Jim Carrier, "Rebels Ride Again: Nevadans Take On Federal Sovereignty," Denver Post, 21 January 1996, pp. A1, A16.
6. 5 Paul Rauber, "National Yard Sale: Threats to Federal Ownership of Public Lands," Sierra 80 (September/October 1995): 28-31, and Paul Rauber, "Wishful Thinking: Wise Use Cowboys Try to Rewrite the Constitution," Sierra 79 (January/February 1994): 39-42.
7. 5 Paul Rauber, "National Yard Sale: Threats to Federal Ownership of Public Lands," Sierra 80 (September/October 1995): 28-31, and Paul Rauber, "Wishful Thinking: Wise Use Cowboys Try to Rewrite the Constitution," Sierra 79 (January/February 1994): 39-42.
8. 6 Rauber, "National Yard Sale," 28.
9. 7 The episode led to a CBS "48 Hours" segment and a Time cover story. Erik Larson, "Unrest in the West," Time 146 (October 1995): 52-66. See also Richard Reinhardt, "Nevada: a Phony Showdown with Real Guns" Wilderness 59 (Winter 1995): 11.
10. 7 The episode led to a CBS "48 Hours" segment and a Time cover story. Erik Larson, "Unrest in the West," Time 146 (October 1995): 52-66. See also Richard Reinhardt, "Nevada: a Phony Showdown with Real Guns" Wilderness 59 (Winter 1995): 11.
11. 8 Valerie Richardson, "Western Counties Dare Washington to Enter Land Duel," Washington Times, 2 April 1995, p. A7.
12. 9 Rauber, "National Yard Sale," 28.
13. 10 For example, bills have been introduced in the Congress by Senator Craig Thomas (R-WY), Representative James V. Hansen (R-UT), and Senator Conrad Burns (R-MT) that would have forced the BLM to divest some land holdings and face severe budget cuts. Valerie Richardson, "On Western Range, BLM is Hated Federal Regulator," Washington Times, 15 October 1995, p. A1. For example, Arizona bankrolled a $1 million fund (called the "Constitutional Defense Council") to finance lawsuits against federal law enforcement officials, and considered a bill that would have imposed a $500 bounty on any endangered Mexican wolves that might be reintroduced by federal agencies, "Arizona Leads Fight Against Federal Regs," Washington Times, 10 March 1995, p. A10.
14. 10 For example, bills have been introduced in the Congress by Senator Craig Thomas (R-WY), Representative James V. Hansen (R-UT), and Senator Conrad Burns (R-MT) that would have forced the BLM to divest some land holdings and face severe budget cuts. Valerie Richardson, "On Western Range, BLM is Hated Federal Regulator," Washington Times, 15 October 1995, p. A1. For example, Arizona bankrolled a $1 million fund (called the "Constitutional Defense Council") to finance lawsuits against federal law enforcement officials, and considered a bill that would have imposed a $500 bounty on any endangered Mexican wolves that might be reintroduced by federal agencies, "Arizona Leads Fight Against Federal Regs," Washington Times, 10 March 1995, p. A10.
15. 11 Valerie Richardson, "No-nonsense Idaho Sheriff Tells Federal Law Officers to Stay Out," Washington Times, 27 August 1995, p. A1.
16. 12 For examples of lawsuits over grazing rights issues, see Cliff Gardner v. United Slates, 1994-1995 (United States District Court affirmed the federal practice of issuing grazing permits on U.S. forest land). Hat Ranch v. United States, 1995 (Otero County, New Mexico rancher tried unsuccessfully to pay federal grazing fees to his county government), and Simplot Livestock and Bell v. United States, 1995 (United States District Court confirmed the Forest Service's authority to change riparian standards on grazing permits, and as appealed). See Carrier, "Rebels Ride Again," A16.
17. 12 For examples of lawsuits over grazing rights issues, see Cliff Gardner v. United Slates, 1994-1995 (United States District Court affirmed the federal practice of issuing grazing permits on U.S. forest land). Hat Ranch v. United States, 1995 (Otero County, New Mexico rancher tried unsuccessfully to pay federal grazing fees to his county government), and Simplot Livestock and Bell v. United States, 1995 (United States District Court confirmed the Forest Service's authority to change riparian standards on grazing permits, and as appealed). See Carrier, "Rebels Ride Again," A16.
18. 12 For examples of lawsuits over grazing rights issues, see Cliff Gardner v. United Slates, 1994-1995 (United States District Court affirmed the federal practice of issuing grazing permits on U.S. forest land). Hat Ranch v. United States, 1995 (Otero County, New Mexico rancher tried unsuccessfully to pay federal grazing fees to his county government), and Simplot Livestock and Bell v. United States, 1995 (United States District Court confirmed the Forest Service's authority to change riparian standards on grazing permits, and as appealed). See Carrier, "Rebels Ride Again," A16.
19. 12 For examples of lawsuits over grazing rights issues, see Cliff Gardner v. United Slates, 1994-1995 (United States District Court affirmed the federal practice of issuing grazing permits on U.S. forest land). Hat Ranch v. United States, 1995 (Otero County, New Mexico rancher tried unsuccessfully to pay federal grazing fees to his county government), and Simplot Livestock and Bell v. United States, 1995 (United States District Court confirmed the Forest Service's authority to change riparian standards on grazing permits, and as appealed). See Carrier, "Rebels Ride Again," A16.
20. 13 R. McGreggor Cawley, Federal Land, Western Anger: The Sagebrush Rebellion and Environmental Politics (Lawrence, KS: University of Kansas Press, 1993), pp. 123-142.
21. 14 Vince Bielski, "Armed and Dangerous: The Wise Use Movement Meets the Militias," Sterm 80 (September October 1995): 33-35.
22. 15 Rauher, "National Yard Sale," 28.
23. 16 Richardson, "Western Counties Dare Washington," A7.
24. 17 Susan Zakin, "New Mexico: Conflict in Catron County: Struggle Over Grazing on Public Lands," Wilderness 59 (Winter 1995): 22-26.
25. 18 Carl Tubbesing, "Fed Up with the Feds," State Legislatures 21 (April 1995): 10-15.
26. 19 Stern, A Force Upon the Plain, pp. 12, 26. Stern (p. 36) also notes important 1992 precursors of the militia movement, including Bo Gritz's suggestion, made during his 1992 vice presidential run on David Duke's ticket, that militias be formed.
27. 20 Stern, A Force Upon the Plain, p. 72 provides these attendance figures for meetings in Montana: 150 persons in Billings, 200 persons in Great Falls, 250 persons in Hamilton, over 300 persons in Big Timber, and 800 persons in Kalispell.
28. 21 Stern, A Force Upon the Plain, p. 13.
29. 22 See "Special Militia Task Force Edition," Klanwatch Intelligence Report 78 (June 1995): 1-4.
30. 23 Stern, A Force Upon the Plain, p. 70.
31. 24 On the order, see Kevin Flynn and Gary Gerhardt, The Silent Brotherhood (New York: The Free Press, 1989).
32. 25 Stern, A Force Upon the Plain, p. 245.
33. See also Michael Novick, White Lies White Power: The Fight Against White Supremacy and Reactionary Violence (Monroe, ME: Common Courage Press, 1995).
34. 26 "Militia hearing in Congress," televised on CSPAN, 15 June 1995.
35. 27 See "Special Militia Task Force Edition," pp. 7-11, and Stern, A Force Upon the Plain, p. 96. Some state by state information is available online: http://paul.spu.edu/-sinnfein/adl.html (27 January 1996).
36. 27 See "Special Militia Task Force Edition," pp. 7-11, and Stern, A Force Upon the Plain, p. 96. Some state by state information is available online: http://paul.spu.edu/-sinnfein/adl.html (27 January 1996).
37. 28 Stern, A Force Upon the Plain, p. 75.
38. 29 "Militia Hearing in Congress," televised hearing on CSPAN, 15 June 1995.
39. 30 For a discussion of the implications of gun control for federalism, see Carol J DeFrances and Steven K. Smith, "Federal-Sate Relations in Gun Control: The 1993 Brady Handgun Violence Prevention Act," Publius: The Journal of Federalism 24 (Summer 1994): 69-82.
40. 31 Junas, "Rise of Citizen Militias."
41. 32 Anti-Defamation League, "An ADL Fact Finding Report: Armed & Dangerous: Militias Take Aim at the Federal Government," (October 1994). Available online at: http://paul.spu.edu/-sinnfein/adl.html (27 January 1996).
42. 33 Bielski, "Armed and Dangerous," 33.
43. 34 Ibid.
44. 35 Stern, A Force Upon the Plain, pp. 122-123.
45. 36 Bielski, "Armed and Dangerous," 33.
46. 37 Zakin, "New Mexico: Conflict in Catron County," 22.
47. 38 Bielski, "Armed and Dangerous," 33.
48. 39 Ibid.
49. 40 Stern, A Force Upon the Plain, p. 9.
50. 41 Stern, A Force Upon the Plain, pp. 187-194.
51. 42 "Extremists Pose Increasing Threat of Violence to Police, Other Public Officials" Klanwatch Intelligence Report 80 (October 1995): 1, 3.
52. 43 "Extremists Pose Increasing Threat," Klanwatch Intelligence Report 78 (June 1995): 3.
53. 44 Ibid; Stern, A Force Upon the Plain, pp. 89-92, 252.
54. 44 Ibid; Stern, A Force Upon the Plain, pp. 89-92, 252.
55. 45 Stern, A Force Upon the Plain, pp. 91-95.
56. 46 Reinhardt, "Nevada: a Phony Showdown with Real Guns," 11.
57. 47 See Junas, "Rise of Citizen Militias."
58. 48 Garry Wills, "The New Revolutionaries," The New York Review of Books 20 (August 1995): 50-55.
59. 49 Garry Wills, Reagan's America: Innocents At Home (Garden City, NY: Doubleday, 1987).
60. 50 Extra! the newsletter of advocacy group Fairness and Accuracy in Reporting, has frequently reported on Grant and other talk radio issues. For FAIR'S coverage of post-Oklahoma reporting, see Jim Naureckas, "The Oklahoma City Bombing: The Jihad That Wasn't," Extra! (July/August 1995): 6-10 and "Talk Radio on Oklahoma City," Extra! (July/August 1995): 17-18. See netscape at: http://www.igc.apc.org fair (27 January 1996).
61. 50 Extra! the newsletter of advocacy group Fairness and Accuracy in Reporting, has frequently reported on Grant and other talk radio issues. For FAIR'S coverage of post-Oklahoma reporting, see Jim Naureckas, "The Oklahoma City Bombing: The Jihad That Wasn't," Extra! (July/August 1995): 6-10 and "Talk Radio on Oklahoma City," Extra! (July/August 1995): 17-18. See netscape at: http://www.igc.apc.org fair (27 January 1996).
62. 51 Wills, "The New Revolutionaries," 50.
63. 52 Larson, "Unrest in the West," 63.
64. 53 This sentiment is expressed by both the Montana Human Rights Network and the Clearing House on Environmental Advocacy and Research (Washington, D.C.), Bielski, "Armed and Dangerous," 33.
65. 54 Bielski, "Armed and Dangerous," 33.
66. 55 Valerie Richardson, "Anti-government Fervor Sweeps West," Washington Times, 29 April 1995, p. A1.
67. 56 Richardson, "Anti-government Fervor Sweeps West," A1.
68. 57 Philip M. Burgess and Mike Kelly, "New Constitutional Life for States' Rights," Washington Times, 22 August 1995, p. A14.
69. 58 Valerie Richardson, "Patriots Challenge Federal Authority," Washington Times, 2 April 1995, p A1. Details of Duke's proposal can be found in Walter Williams, "Swelling Ranks of Rebels," Washington Times, 4 February 1995, p. A13.
70. 58 Valerie Richardson, "Patriots Challenge Federal Authority," Washington Times, 2 April 1995, p A1. Details of Duke's proposal can be found in Walter Williams, "Swelling Ranks of Rebels," Washington Times, 4 February 1995, p. A13.
71. 59 A "takings" provision was passed by the U.S. House in 1995. For a comprehensive study of takings legislation and court cases, see Kenneth Jost, "Property rights: do government regulations infringe on landowners' rights?" Congressional Quarterly Researcher 5 (June 1995): 515-531. Several state legislatures have considered legislation blocking activities of federal law enforcement officials. One legal challenge. Barton v. Babbitt, 1994 was withdrawn by officials of Elko County, Nevada, after the federal government filed its reply. See Carrier, "Rebels Ride Again," A16.
72. 59 A "takings" provision was passed by the U.S. House in 1995. For a comprehensive study of takings legislation and court cases, see Kenneth Jost, "Property rights: do government regulations infringe on landowners' rights?" Congressional Quarterly Researcher 5 (June 1995): 515-531. Several state legislatures have considered legislation blocking activities of federal law enforcement officials. One legal challenge. Barton v. Babbitt, 1994 was withdrawn by officials of Elko County, Nevada, after the federal government filed its reply. See Carrier, "Rebels Ride Again," A16.
73. 60 NACo's resolutions have urged the Congress to open the Arctic National Wildlife Refuge to mineral development (adopted 11 July 1992), supported emergency salvage timber sales (adopted 11 July 1992), opposed grazing fee increases (adopted 4 August 1994), and criticized the Endangered Species Act (adopted 25 July 1995). NACo resolutions are available online at http://politic5usa.com/naco/ (22 April 1996).
74. 61 Richardson, "Patriots Challenge Federal Authority," A1.
75. 62 The "equal footing doctrine" argument first arose in the original "sagebrush" suit. "Nevada v. United States, 1981-1983" Tom Kenworthy, "U.S. Enters Range War, Suing Nevada County," The Washington Post 9 March 1995, p. A3.
76. 63 Larson, "Unrest in the West," 66. Another report suggests that fewer than 20 percent of county movement lawsuits have been successful. See Carrier, "Rebels Ride Again," A1, A16.
77. 63 Larson, "Unrest in the West," 66. Another report suggests that fewer than 20 percent of county movement lawsuits have been successful. See Carrier, "Rebels Ride Again," A1, A16.
78. 64 Timothy Egan, "Court Puts Down Rebellion Over Control of Federal land," The New York Times, 16 March 1996, pp. 1, 9.
79. 65 Article I. Section 8, Cl 16. See Wills, "To Keep and Bear Arms," 68 ff.
80. 66 Mark Patcavage, "New Militia Frequently Asked Questions," 3.42-3.50 (6 November 1995). Only available online at http://www.sff.net/people/pitman/ militia.html (20 December 1996). This is a useful and thorough treatment of the history of militias in the United States and the legal issues surrounding contemporary militia organizing.
81. 67 Mack Tanner, "Extreme Prejudice," Reason Magazine 27 (July 1995): 43-50.
82. 68 Wills, "To Keep and Bear Arms," 68.
83. 69 Richard C Reuben, "The New Federalism," American Bar Association Journal 81 (April 1995) 76-81. For additional discussions of Tenth Amendment claims, see Jerome L. Wilson, "States need a simple guarantee of rights," The National Law Journal 17 (February 1995): A21. and W. John Moore. "Pleading the 10th," National Law Journal 27 (July 1995): 1940-1944.
84. 69 Richard C Reuben, "The New Federalism," American Bar Association Journal 81 (April 1996) 76-81. For additional discussions of Tenth Amendment claims, see Jerome L. Wilson, "States need a simple guarantee of rights," The National Law Journal 17 (February 1995): A21. and W. John Moore. "Pleading the 10th," National Law Journal 27 (July 1995): 1940-1944.
85. 69 Richard C Reuben, "The New Federalism," American Bar Association Journal 81 (April 1995) 76-81. For additional discussions of Tenth Amendment claims, see Jerome L. Wilson, "States need a simple guarantee of rights," The National Law Journal 17 (February 1995): A21. and W. John Moore. "Pleading the 10th," National Law Journal 27 (July 1995): 1940-1944.