Officials won't take on U. N.
Local man's ordinance unconstitutional, says legal expert
McDowell News 8/20/2001

By Mike Conley, Staff Writer for McDowell News

North Carolina - 8/20/01 - A proposed ordinance intended to restrict the authority of the United Nations, the federal government and state government in regard to McDowell isn't constitutional, a legal expert has concluded

The McDowell County Commissioners have chosen not to move forward with an ordinance proposed by a local man after a professor with the Institute of Government said it was unconstitutional.

In July, Leonard Hensley, a resident of Old Fort, and a vocal opponent of possible stream buffer regulations, asked the McDowell County Board of Commissioners to pass the proposed "citizen's rights ordinance" along to the Planning Board for further consideration and discussion.

The ordinance was placed on the agenda for last Monday's regular meeting. Hensley spoke to the board about why McDowell County should adopt it.

The proposed ordinance requires "any local, regional, state, federal, or international organization to present specific constitutional authority for the restrictions they wish to place on our constitutional rights and freedoms as citizens of McDowell County and the constitutional republic of the United States of America.

"In my humble opinion, McDowell County is one of the most beautiful and diverse places on this earth," Hensley said.  "It is worth saving, and worth fighting for, even to the death, to keep this county free and productive for our citizens, our families, and our common good."

Hensley added he has sent similar copies of this ordinance to many other counties in North Carolina as well as other states in the nation.

"I believe it is a very important message to send to the citizens, the state, the nation and the world that the U.S. and N.C. constitutions are to be respected," he wrote in a letter to County Manager Chuck Abernathy, "This also extends to the citizens of this wonderful county and affirms that they be treated with the respect they deserve and the respect guaranteed by our founding documents."

During his presentation to the board, Hensley said the rights of property owners are being threatened by international organizations as well as federal and state regulations.

County officials asked Fleming Bell, professor of public law and government, to review the proposed ordinance.  Bell is also the assistant director of the Institute of Government in Chapel Hill.

He said that the McDowell County Board of Commissioners has no authority over the state government, the federal government or the United Nations.

"Based on this review, it is obvious that the proposed ordinance is unconstitutional based on the general principles of law and federalism that I have outlined," Bell wrote.

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