The editorial in (Journal, Sept. 26) failed to adequately address the basic issue. The Montezuma County commissioners seem to be simply taking a position of following the “rule of law.”
Does a liquor store owner have the right to sell alcoholic beverages to “anyone”? Yes he does, but some are not permitted, by law, to purchase those beverages. If you are not old enough as defined by law, you can’t buy it. The law has put the burden of proof on the liquor store owner to keep you legal.
Can a firearms store sell to anyone? Yes they can, but some are not permitted, by law, to purchase firearms. If you are a convicted felon or not of legal age as defined by law, you cannot purchase the firearm. Again, the burden of proof falls on the store to protect you from breaking the law.
Can a private land owner sell his property to anyone? Yes he can, but there are some who are not permitted, by law, to purchase lands.
The issue in the editorial with the Montezuma County commissioners, actually is showing the commissioners as being the “store owner” whose responsibility, by law, is to ensure the proposed transactions are in compliance with the law. What is the law in this case? Article 1, Section 8, clause 17 of the U.S. Constitution regarding the federal government purchasing legitimate land within states, “all places purchased by consent of the legislature of the state in which same shall be.” It goes on to identify what legitimate purchases may be, which of course specifically does not include range lands, parks, etc. The commissioners, in following their oath of office to uphold the Constitution, must follow the rule of law, of which Art. 1, Sect. 8 is the controlling law, which is further supported in Art. 6, “This Constitution, and the laws of the United States shall be ... the supreme law of the land; and the judges in every state shall be bound thereby.” Simply put, the commissioners are doing their job following the rule of law.
Dexter Gill
Lewis