Why A Constitutional Sheriff?
Note: This page was compiled prior to December 2019 by then Nevada County Tea Party President, Jan Collins. This was well before our collective experience with government enacting emergency powers as a result of the Covid 19 discovery that resulted in what we recognize as over reaction and over reach. Had there been a Consitutional Sheriff in every county in the US would we have experienced a different result?
States craft Constitutions that define their respective governments, and among these authorities is that of the county sheriff. The Constitutional Sheriff recognizes this sequence of Constitutional authorities as providing a clear line to the check and balance role they perform. A sheriff is, by most state Constitutions, the chief law enforcement officer in the county.
The Sheriff is elected by the People of the county and works for and answers to the People alone. His sole duty is to protect the unalienable rights of the People within his County and within the courts against police brutality, tyrannical judges and abusive government agencies.
Is there a difference between a “law” and an “unconstitutional act”?
The Supreme Court says there is.
In the case of Norton vs. Shelby County, they said this:
“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County, 118 U.S. 425 (1886)
In perhaps the most famous case of all time, Marbury v. Madison, the Supreme Court, very directly, said this:
“All laws which are repugnant to the Constitution are null and void.” Marbury v. Madison, 5 U.S. 137 (1803)
Transcript edited for length:
"We have a central government that has become everything that our Founders feared. Indeed, Washington, D.C. has become a black hole of consolidated power that is bent on enslaving, impoverishing and destroying the very people it is duty bound, before the Almighty, to protect.
Rather than defend our God-given rights, our government has become the abuser of those rights. Rather than upholding law, government uses the “color of law” to break the law.
And our state and local governments, which are duty bound to interpose on our behalf and protect us from this lawbreaking, far too often assume the role of the tyrant’s local commissar. They inflict further evil upon us by trading our liberties and our property for grants and perks that are funded by our tax monies in the first place. In this way the people are double victims.
The Constitutional Sheriffs and Peace Officers Association might just
be the brightest light that shines today for the cause of liberty and justice.
Headed by former Sheriff Richard Mack, these officers are dedicated to the protection of the God-given liberties of the people they represent. They are a serious band of brothers who recognize that they have taken an oath before God and that oath does not obligate them to obey courts or agencies that operate outside of the Constitution. Rather, they are committed to following the Constitution which is the Supreme Law of the Land.
Moreover, they recognize that the rights they are duty bound to defend have a divine origin. They are part of God’s created order and are fixed and unchanging. They are not subject to the will and the whims of courts and bureaucrats.
On January 24, 2014, the CSPOA published a resolution which declared, among other things, that:
“no agency established by the U.S. Congress can develop its own policies or regulations which supersede the Bill of Rights or the U.S. Constitution, nor does the executive branch have the power to make law, overturn law, or set aside law.”
The resolution also declares that certain abuses of the citizenry will not be tolerated including:
“arrest of citizens or seizure of persons or property without first notifying and obtaining the express consent of the local sheriff.”
This resolution deserves the support of all lovers of liberty. These sheriffs and peace officers, having recognized their duty under God and the Constitution, are bravely stepping forward to do that duty and to defend your rights."
"Constitutional Sheriffs Are Liberty’s Brightest Light"
By Michael Anthony Peroutka,
Founder Institute on the Constitution
Many Sheriffs are coming to recognize and to act upon their duty to interpose on behalf of their constituents when their rights are denied or when they are harassed by agents of federal or state government. See some examples below.
Middlebury dairy farmer, Sheriff stand up to FDA
By ROGER SCHNEIDER THE GOSHEN NEWS Dec 17, 2011
DAIRY CALVES rest in a holding area at Forest Grove Farm, Middlebury in this Goshen News file photo from March 2010.
Agents from The Federal Drug Administration want to inspect the farm, owned by Amishman David Hochstetler, in wake of an illness outbreak in Michigan. FDA agents believe the outbreak was caused by raw milk produced and shipped from Hochstetler’s farm.
Elkhart County Sheriff Brad Rogers told the agents they need a court order before they will be allowed on the property. Read the story here
El Dorado County Sheriff Lays Down the Law for County Board of Supervisors.
This video is 8 min 58 sec long but well worth watching it as Sheriff D'Agostini takes the board to school.
Sheriff D'Agostinit Tells Feds that their powers to patrol forest were suspended.
El Dorado County Sheriff John D’Agostini, received numerous complaints from his constituents claiming that they were being harassed by federal officials when they entered El Dorado National Forest (at one point feds confiscated a man's camping hatchet and threatened to arrest him for "possession of a weapon on federal property).
Fed up with the repeated harassment his constituents were experiencing in the national forest within his county, Sheriff D’Agostini informed the feds patrolling the forest that their powers there were suspended.