(Mr. O'Connell's Part 2 was posted today.)

Ancient History and Modern Constitutional Powers of American Sheriffs (Part 2/2)
- Kelly O'Connell, Monday, April 1, 2013

This essay offers the second part of the history of the American sheriff. The first essay contained a history of the original sheriffs—England’s shire reeves— “the oldest appointment of the English crown.” America’s own sheriffs are a continuation of Britain’s, after which the British variety lost almost all of its power as the US type blossomed.

Now that the federal government has announced ambitions to limit gun rights, amongst many other new powers, a constitution-oriented group of sheriffs—the Oath Keepers—has decided to nullify these laws instead of applying them. It is quite possible that these Rogue Sheriffs represent the last vestiges of federalism and separation of powers meant to protect the citizens from an American tyranny. It is therefore quite fitting that the old West, independent lawman is being revived and updated to help save the American Republic. This article describes their rise, establishment and continuation as perhaps the last bulwark against Washington, DC tyranny.

I. History of Sheriffs of America
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II. Evolution of American Sheriffs
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III. Constitutional Powers & Defiant Sheriffs
A. Federal Overreach

Many Americans are today worried with federal overreach on legislation and police powers. For example, the Rand Paul drone filibuster illustrated concern with safety of drone attacks against stateside Americans. American sheriffs are now standing up to this overreach with scintillating constitutional muscularity. This is occurring in the West, where US sheriffs have had their most memorable role.

B. Sheriffs Under US Constitution: 10th Amendment

A sheriff is the top elected local law enforcement official in a county. Upon entering office, they traditionally take an oath of office swearing to defend the Constitution. For example, here is the Polk County, FL Sheriff’s Oath:

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I do solemnly swear that I will support, protect and defend the Constitution and Government of the United States, and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will well and faithfully perform the duties of Polk County Sheriff on which I am now about to enter. So help me God.

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Most specifically, sheriffs find power under the Constitution in keeping with the Tenth Amendment, which reads:

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Amendment 10 - Powers of the States and People

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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C. Federalist Papers #51: Madison on Separation of Powers

The position taken by most American sheriffs is that they, not the federal government, are the top law enforcement officials in their locale. This agrees with America’s doctrine of federalism, as described by Constitution author James Madison in Federalist Paper 51, The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments. This states:

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In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others. Were this principle rigorously adhered to, it would require that all the appointments for the supreme executive, legislative, and judiciary magistracies should be drawn from the same fountain of authority, the people, through channels having no communication whatever with one another.

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IV. Sheriffs & the Doctrine of Constitutional Nullification
A. Nullification of Unconstitutional Law

Americans are becoming increasingly uncomfortable with the growing size and powers of government. Sheriffs are at the forefront of the activism against these depredations. Thomas E. Woods, Jr. penned Nullification: How to Resist Federal Tyranny in the 21st Century to address the issue of how to fight back against federal encroachment into private and state matters. Thomas Jefferson introduced the concept of the remedy of “nullification” in his 1798 Kentucky Resolutions. Woods sums up the notion,

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Nullification begins with the axiomatic point that a federal law that violates the Constitution is no law at all. It is void and of no effect. Nullification simply pushes this uncontroversial point a step further: if a law is unconstitutional and therefore void and of no effect, it is up to the states, the parties to the federal compact, to declare it so and thus refuse to enforce it. Nullification provides a shield between the people of a state and an unconstitutional law from the federal government. The central point behind nullification is that the federal government cannot be permitted to hold a monopoly on constitutional interpretation…

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Woods comments upon how sheriffs are involved:

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Another example of a state challenge to federal power is the Sheriffs First initiative, whereby, with a few exceptions, it would be a state crime for a federal law enforcement official to make an arrest or engage in a search or seizure without first receiving permission from the local sheriff. Locally elected sheriffs, who have some semblance of accountability to the people, might thereby be able to prevent some of the inevitable abuses that have accompanied the increasing centralization of law enforcement in the United States. Anyone concerned for the protection of civil liberties must find great appeal in this movement.

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Conclusion

With an alarming growth in federal size and powers, and with unprecedented ignorance over American history and our kind of government, someone must stand up for our basic civil and natural rights. This has turned out to be the US sheriffs, who like their fearless western forbears, are ready to defend the American Constitution against all usurpation occurring at a local level. God bless and protect them.

Thanks for posting part 2.

Lots of good links in article.