The principle and concept of the constitutional sheriff could be the key to regaining state sovereignty.
It could wake people up at the county level and create a movement within any State, using the constitution as defined, and nullifying any federal intrusion, overreach or usurpation.
This means growing awareness and acknowledgment of individual state’s rights and the power of The Purse & The Sword.
The constitutional sheriff’s role and responsibility is the tip of the sword in this march towards state sovereignty.
The role of sheriff is being undermined in America today. The federal government is increasingly taking steps to negate local law-enforcement and usurp all such authority under the federal government. This is being done via DHS, TSA and DEA, on the highways and in local airports. The feds supply funding to local law-enforcement and gaining control over them via their budget.
The states have been undermined too. They have given up, or had usurped, their control over many areas, including constitutional money and local defense, among other things. It is the economic activity of the people in goods and services in each state, and a sound money to promote free trade and the concomitant power of the sword to defend are classic to sovereignty at the individual and the state level.
This is proved throughout history and determines the operational definition of sovereignty: do you have control over The Purse and the Sword? That is, can you protect your wealth and hold onto your property.
Regaining and clarifying the linchpin role and responsibility of the sheriff’s office as an integral constitutional office defined by the State Constitution and is key to returning to control of the ‘Sword’ side of the two faces of sovereignty.
A states must clearly define and determine their future in uncertain times and ensure prosperity during the good, bad or ugly times, whenever they occur. Taking back the Sword is but one half of the equation. But it will set the stage for taking back personal and state sovereignty, and ensuring the ‘blessings of liberty’ of the people living in the jurisdiction encompassed by the state.
Let’s not forget that each of the state is a sovereign entity, not some decentralized unit of a central government or of the federal government. We are a constitutional republic made up of independent states that created a ‘defined’ federal government with delegated powers to handle specific areas common to the United States.
The principles and concepts of the duties for a Constitutional Sheriff reminds each county sheriff that they have an oath to their State Constitutions that they swear to uphold when they take office.
The role of the sheriff in law enforcement at the local level is an example of and extension of the ‘blessings of liberty.’ The word sheriff is not mentioned in the U.S. Constitution, but is an office for local law enforcement acknowledged within most of state constitutions. It is a position created by state legislators or the general assemblies within the individual state.
So, the office of sheriff is constitutional at the state level, authorized by the general assembly and funded, with the objective of insuring the ‘blessings of liberty’ as stated, not only in the U.S. Constitution, but restated in almost all state Constitutions.
If this is unclear to the reader, think for a moment: did any of the states send militia to fight in the Revolutionary War to ‘win’ another dictator or tyrant like the King of England? Or were the individuals fighting for the blessings of liberty, freedom and the new way of life and happiness found in the Americas? Were they fighting for the ideals stated in the Declaration of Independence and being lost under the rule of London?
Did the various states write their own Constitutions to take away individual freedom or insure it? Did they write the Articles of Confederation to strip freedoms or insure their sanctity and sovereignty? Did the write the U.S. Constitution and its’ preamble, the Bill of rights to surrender freedom or remind all who read it to know that the ‘blessings of liberty’ were paramount and key to the people and the States?
There is a link between the state sheriff’s role as defined in almost all state constitutions, and the U.S. Constitution. It was accepted practice, organization and based on a working set of principles that all able-bodied men were to be ready to protect and defend, to be ready to work together during any emergency, natural disaster or military action to protect the community. This practice, locally formed units of self-reliance were called the militia. They were used for 150 years prior to the revolutionary war and the ideas are enshrined in the 2nd Amendment. In fact, the idea that every able-bodied man was to be ready and able to act as a unit, called the militia, was “necessary for insuring a FREE STATE.” At no other time is this mentioned so emphatically as in the 2nd Amendment.
The Sheriff’s office is the ‘tip of the sword.’ And the sheriff’s office, sometime marshal’s office, is the local peace officer or law enforcement officer who was to oversee and provide leadership when there was a natural or military action required in the community. It is why each able-bodied male was to have a weapon and ammo, be trained and ready to fight if necessary, to defend the community against aggression.
So there is a link between the sheriff and the Constitution. The position is the acknowledged one for overseeing the heretofore 150 year old local community cadre of trained and ready individuals if needed in any emergency, as clearly stated and defined in the 2nd Amendment. And the position, role and responsibilities of the sheriff is defined in almost all states where there are counties as the peace officer and law enforcement agent under all State constitutions.
With the federalization of law enforcement, the obvious encroachment of federal over reach in the field of law enforcement and other areas too, it is time for each state to nullify this over-reach and if necessary, reiterate the primacy of the sheriff’s office and the state for insuring law-enforcement to protect and defend the peoples ‘ blessings of liberty.’ as defined by the State and the U.S. Constitutions.
At TAC, this is clearly the objective under the Sheriffs First Legislation effort. In recent years, legislation has been in process in seven states. As stated,
“A “Sheriffs First” bill would make it a state crime for any federal agent to make an arrest, search, or seizure within the state without first getting the advanced, written permission of the elected county sheriff of the county in which the event is to take place.
“Locally-elected sheriffs are accountable to the people and are supposed to be the chief law enforcement officer of the county, bar none. This bill puts teeth into the expectation that federal agents must operate with the approval of the sheriff, or not at all.”
Model legislation is available HERE
Then there is the Constitutional Sheriffs and Peace Officers Association (CSPOA) held a conference n Las Vegas early in 2012 where some 150 sheriffs attended and the ideas and experiences of what a constitutional sheriff were covered for three days. A series of presentations were given that clarified the situation in America today, why, who, where and how this is being addressed. (See individual videos here.)
As for actions, what can each of us do? Act locally, at the county and the State level, and do not waste your time at the federal level. This includes:
At the local level:
1) share information on the role of constitutional sheriff with your local sheriff;
2) Encourage them to view one or more of the videos from the conference linked above;
3) Suggest that the sheriff have all of his deputies and staff take the oath of office and insure his/her office is constitutional oriented.
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At the State level:
1) support or get involved to pass constitutional sheriff legislation.;
2) Send the TAC linked sample legislation to your representatives filled in with your states information.
3) Send this information to all interested parties promoting State’s rights.
The constitutional lawyer, Edwin Vieira, has written about Homeland Security, and that it begins at the local level. He has written that the sheriff’s office and the militia as defined in the Constitution represent constitutional Homeland Security, that is unique to a FREE State and the constitutional republic founded in these united stated. His website and books complement and extend the work we are doing here at TAC. One concept he covers refers to the power of the Purse and the Sword. Each state that takes back the power of constitutional money as defined in the constitution(s) will survive any economic problems from the fiat dollar and the over-extended federal government. Any state that takes back the Sword, via control of their militia and, also passing the constitutional sheriff legislation, will have the necessary power to insure that the Purse and the Sword are held by the rightful sovereignty, the individual state and the individuals living there.
Supporting these efforts for constitutional sheriffs is a step toward returning the power of the Sword and the Purse to each state.
- Constitutional Sheriffs, the Purse and the Sword - November 9, 2012