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RE: [pct-l] Re: Defiant rancher once more loses grazing case,

You guys seem to talk about "Rights" as if they were somehow indelible. The
only "Rights" we really have are the ones we take and continue to enforce.

We live in a quasi Democracy where our "Rights" in any given area, floats up
and down on the prevailing political winds. What you can do today you can't
tomorrow and visa versa.

Our "Rights" are gained either through direct political action (ie
legislation) or often these days through the courts. We find something we
find is wrong then disobey the prevailing law. It is then up to the legal
system to what "Rights" we do or don't have. 

In this case the defiant rancher may simply be asserting his believed
"Right" and letting the legal system sort it out. If he fails, he'll pay the

At the same time, just because the government passes a law or creates a
regulation, it doesn't automatically make the law or regulation valid. If it
did, we'd have little need for the justice system. In the case of the "Trail
Permit" program, so far the courts seem to be tossing out any cases that
actually make it before them. Stating that since it is a Test Case program,
it is not technically enforceable. 

Now if you get a ticket and choose to pay it as opposed to taking it to
court, then you are in fact giving up you're "Rights". 

Ron "Fallingwater" Moak
PCT 2000 - http://www.fallingwater.com/pct2000

* From the PCT-L |  Need help? http://www.backcountry.net/faq.html  *

To:            "Reynolds, WT" <reynolds@ilan.com>
Cc:            "'Ronald Moak'" <ronm@fallingwater.com>, "'R.J.Calliger'" <calliger@infolane.com>, pct-l@edina.hack.net