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Coweta Georgia violating state preemption!

Malum Prohibitum

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Thanks Gentlemen. The Board ordered the County Attorney to reassess her previous opinon, but they will rely on her whatever she says. The ban will fall, however. There is the easy way and the hard way. ;)
 

Citizen

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Malum Prohibitum wrote:
The county is arguing that it can do what it wants on its own property, regardless of state law.

I'm a little foggy on my law; but I believe that city and county governments derive their authority from charter from the state legislatures. How can it be county property without being subject to state law?

Its my understanding that there can be only one government within a given jurisdiction. It goes back to early colonial times.

Here is some interesting reading on this point. I got the link originally, I think, from Longwatch. http://www.virginia1774.org/TransylvaniaTreasure.html

Interestingly enough, in the article linked above,St. George Tuckerconsidered setting up a separate gov't an act of treason. I wonder what you would call trying to take an existing gov't and separating it? Oh, yes. Seccession. Ahhhhhh. There is the problem.
 

Citizen

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Hmmmm. In the Georgia Constitution, check out:

Article I, Paragraph VIII

Article IX, Section I, Paragraph I.

Article IX,Section II, Paragraph I.

http://www.sos.state.ga.us/elections/constitution.htm

I wonder if they are trying to pull something based on:

Article IX, Section II, Paragraph I:"Home Rule for Counties. (a) The governing authority of each county shall have legislative power to adopt clearly reaonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law..."

Doyou have a link, MalumProhibitum?
 

Citizen

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Once they lose, you can spread the word that even an Internet forum hack could tell what they were trying to pull was unconstitutional.

NOT...ONE....WORD, LEO229. Not one word. :)
 

unrequited

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Citizen wrote:
I wonder if they are trying to pull something based on:

Article IX, Section II, Paragraph I:  "Home Rule for Counties.  (a) The governing authority of each county shall have legislative power to adopt clearly reaonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law..."
If they are, they missed the "for which no provision has been made" clause. > )
 
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