Is your sheriff Constitutional?

USA Constitution Parchment

USA Constitution Parchment

The sheriff is the ultimate law enforcement power in any state and it is the duty of the “elected” sheriff to protect the people of the county from all enemies both foreign and domestic. So when Sheriff Glenn Palmer of Grant County, Oregon tells the federal agencies that they are not welcome in his county or he refuses to bow down to the UN, he is literally doing the job he was elected to do. Same goes for any sheriff of any county in the united States.

“In Mack/Printz v USA, the U S Supreme Court declared that the states or their political subdivisions, “are not subject to federal direction.” The issue of federal authority is defined even further in this most powerful Tenth Amendment decision. The two sheriffs who brought the suit objected to being forced into federal service without compensation pursuant to some misguided provisions of the Brady Bill. The sheriffs sued the USA (Clinton adm.) and won a major landmark case in favor of States’ Rights and local autonomy. In this ruling by the Supreme Court, some amazing principles were exposed regarding the lack of power and authority the federal government actually has. In fact, this is exactly the issue addressed by the court when Justice Scalia opined for the majority stating, “…the Constitution’s conferral upon Congress of not all governmental powers, but only discreet, enumerated ones.”

“Scalia then quotes the basis of the sheriffs’ suit in quoting the Tenth Amendment which affirms the limited powers doctrine, “The powers not delegated to the United States by the Constitution…are reserved to the States respectively, or to the people.” To clarify this point, we need to understand that the powers and jurisdiction granted to the federal government are few, precise, and expressly defined. The feds have their assignments within constitutional boundaries and the states have theirs, as well. Scalia also mentions this, “It is incontestable that the Constitution established a system of dual sovereignty” and that the states retained “a residuary and inviolable sovereignty.” Scalia even goes so far as to detail who is responsible to keep the federal government in their proper place, if or when they decide to go beyond their allotted authority. In doing so he quotes James Madison, considered to be the father of our Constitution, “The local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority [federal government] than the general authority is subject to them, within its own sphere.” (The Federalist # 39) Thus, the federal government has no more authority to compel the states or the counties to do anything, no more so than the Prime Minister of Canada has. “[1]

The fact is “The U.S. Constitution grants the federal government with power over issues of national concern, while the state governments, generally, have jurisdiction over issues of domestic concern. While the federal government can enact laws governing the entire country, its powers are enumerated, or limited; it only has the specific powers allotted to it in the Constitution. For example, Article I, Section 8 of the Constitution grants Congress the power to levy taxes, mint money, declare war, establish post offices, and punish piracies on the high seas. Any action by the federal government must fall within one of the powers enumerated in the Constitution. For example, the federal government can regulate interstate commerce pursuant to the Commerce Clause of the Constitution but has no power to regulate commerce that occurs only within a single state.” [2] These are the only powers that the federal government has and any “laws” that go against the Constitution are null and void. Remember that the Supreme Court of the United States, SCOTUS, does NOT make law, they merely interpret what the Constitution, Federalist Papers, the Anti-Federalist papers, the Declaration of Independence, and the Bill of Rights say about our God given rights. Only Congress can make laws and then only federal laws. The states make their own laws and can forbid any federal over reach that interfere with those laws. A good example is the case above by Sheriff Mack and Sheriff Printz, in which the Supreme Court OPINION is that the states have the right to refuse federal background checks as mandatated. The federal government can “recommend” how to do them, but they cannot enforce them.

So, with all this being said, when it comes to whether or not Sheriff Glen Palmer of Grant County, Oregon is doing is job, and the answer would be an absolute yes! Did Sheriff David Ward do his job during the recent issues at the Malheur Wildlife Refuge? The answer to that would be NO. First, he had the obligation to the residents of the county to protect them from them the over reach of the BLM, the over reach of a judge who acted (in my opinion and the opinion of others) like he owns the county, which in reality is a farce since he is merely a probate judge and has no judicial authority in any other matter, as per the Oregon State Constitution. The original page was deleted from the Oregon State website since I published my first article regarding the Judge Grasty’s duties on Jan. 23rd this year.[3] Here is a way back saved view of that page that specifically shows that he doesn’t’ have any powers outside of probate. “Now only seven counties, all east of the Cascades, have county judges who retain any judicial authority: Gilliam, Sherman and Wheeler (both juvenile and probate jurisdiction); Grant, Harney, and Malheur (probate only); and Morrow (juvenile only).”

The reason that all of this is extremely relevant to what happened in Harney County on Jan. 26, 2016 when LaVoy Finicum was shot and killed by Oregon State Police and the FBI HRT group is because according to the police report released by Oregonlive, during the interviews it came out that the team had originally planned to make the “takedown” in Grant County on the Friday before the shooting. However, according to the agent being interviewed they, the FBI agent in charge, changed their minds at the last minute, because “I knew that there was a large amount of community members in Grant County that supported their beliefs … for a very simple way to put it, they were not friendly to law enforcement conducting any enforcement actions, and mainly the Federal Bureau of Investigation and federal agencies,” the officer said. Sheriff Palmer knew that his job was to keep the federal departments out of his county and he did his job and they knew that he would not allow them to arrest someone that was not breaking any laws.

It is obvious by the video of Shawna Cox that the FBI HRT and the OSP Swat tried to “force” a fear in all of the individuals of the truck into shooting back at the agents and when that didn’t happen, they had to think of something else to make them get killed. One of the agents reported that he heard an FBI agent yelling “He’s shooting, he’s shooting”, which caused the OSP individuals to fear for their lives and they in turn shot LaVoy. [4] Officer 5 says, “I hear one of the FBI agents say, “he’s shooting, he’s shooting” I look up an I see an individual out of the white truck with his hands kind out to the sides, and one of our.. uh.. I think it was Officer 3, one of our SWAT units-OSP was in-in the timber kind coming out, so as I hear he’s shooting, he’s shooting, I look up and it looked to me like this individual was being challenged by Officer 3.”

Sheriff Ward was appointed to his position by Judge Grasty; no he was not elected, but appointed because the previous sheriff resigned suddenly. Before that “Sheriff Ward started his law enforcement career as a Corrections Deputy with Lake County Sheriff’s office in 2002 and also gained experience with the Oregon Department of Corrections in the Warner Creek Correctional Facility in Lake County, Oregon. In 2005, David and his family moved to Burns while he continued working for the Lake County Sheriff’s Office until 2007, when he was hired on with the Harney County Sheriff’s Office. During Sheriff Ward’s law enforcement career, he has been certified as a Corrections Deputy, Parole and Probation Officer, and a Patrol Deputy.” [5] So, he should have known better.

In my opinion, there are several entities to blame for the death of LaVoy Finicum and the patriots at the refuge center, LaVoy, and Sheriff Palmer are not on any of those lists. This would have all been avoided had the sheriff of Harney county done his job and told the federal agents that they had to leave his county. Of course this is my opinion and thank God we are still living in a country where I am free to express that opinion without fear of retribution by authority.

The truth of all the corruption going on in Harney county will come out in the wash now that the political prisoners being held for their participation in at the refuge have their day in court.

So the question is: Can something like this happen in your county? Yes it can and it is happening all over this country because sheriff’s don’t know they have the final say and the authority to keep the federal government entities out of your county. Find out if your sheriff is a Constitutional sheriff? Contact the CSPOA – Constitutional Sheriffs and Peace Officers Association at www. CSPOA.ORG to find out – or the address on the flyer to find out.  VettingFlyer (1)

[1] http://constitutionallawenforcementassoc.blogspot.com/

[2] https://www.law.cornell.edu/wex/federalism

[3] https://americannews1776.wordpress.com/2016/01/23/a-county-judge-and-his-power/

[4] Pg 226, http://sheriff.deschutes.org/Finicum_Redacted_Web_3102016.pdf

[5] Sheriff Ward’s law enforcement experience, http://www.co.harney.or.us/sheriff.html

 

 

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One thought on “Is your sheriff Constitutional?

  1. Pingback: Did the UN and the Obama Administration kill LaVoy? | americannews1776

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