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Can the county sheriff restore constitutional governance with the help of “we the peo

Discussion in 'Legal & Political Archive' started by zeezee, Sep 23, 2010.

  1. zeezee

    zeezee nowheresville Member

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  2. Father of four

    Father of four Portland, Oregon Well-Known Member

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    This is great! Thanks zeezee!

    Sher: It has been said that in many if not most instances, the US Constitution provides more power to Sheriffs than to the federal government. You also say that–contrary to what the current Washington D.C. regime would have us believe–it is We-the-People who ultimately have the power in the United States of America. Please give us your point of view on how this is provided in our second founding document.

    Jim: Well, actually, I have to give a nod to the Declaration of Independence first which states “…Governments are instituted by men, deriving their just powers from the consent of the governed.” Next the Preamble of the Constitution established that We the People created our government under our own authority and utilized the Constitution as the legal means by which to define the character and powers of that government."
     
  3. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Awesome!

    "Next, let’s examine Article 6, where we find the requirement that all executive officers of the federal government and of the respective states are to be bound by an oath or affirmation to support the Constitution. This establishes without question that the FIRST and FOREMOST duty of any government official is to protect the Constitution. We then look at the 9th Amendment which says rights not specifically afforded the people are not relinquished simply because they are not mentioned by the Constitution; they remain in place. The 10th Amendment then declares unequivocally that powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved for the states or to the people. Essentially, these amendments establish that the federal government may only exercise those powers it has been granted by the people through the Constitution.
    This is absolutely critical to understand.
    The federal government DOES NOT possess Constitutional authority to vest itself with new powers. It may only exercise powers the people specifically grant it."
     
  4. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Thank you Captain Jim Wilmeth !!!!! :thumbup:

    "Now if we add to this line of reasoning the fact that US Federal and State courts have consistently ruled police powers (such as the usual law enforcement, fire protection or other public safety duties) are a Reserved power of the states, basing their argument on the 10th Amendment, one is left with this finding: state and local police powers are vested by the people in state and local law enforcement, and such power remains with the states and the people as a part of the checks and balances set in place by the Founding Fathers to curtail usurpation of power by the federal government. If you add to this reasoning the fact that your County Sheriff is the only law enforcement officer elected through the Constitutionally-defined process of a General Election, you will come to this inescapable conclusion: The County Sheriff, as the direct representative of the people, having sworn an oath to support the Constitution and vested by the people with the authority to enforce law and keep the peace, exercises a level of authority second to only one other group – the people themselves. The federal government exercises no authority over them whatsoever. On the contrary, it is the duty of the County Sheriff to allow or refuse to permit federal activities within his jurisdiction based on the constitutionality of such actions, because his primary purpose is to defend the people’s rights and keep the peace."
     
  5. capdek

    capdek Oregon Gold Supporter Gold Supporter

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    Everyone - police and civilians alike - should read the comments of Captain Jim Wilmeth and realize this is what law-enforcement is supposed to look like in our Republic!

    We the people can restore honor and integrity to law enforcement by electing Sheriffs like Jim Wilmeth. Real change always begins at the grass-roots level!

    Thanks for the great article zeezee! :thumbup:
     
  6. dario541

    dario541 medford, or 97504 Member

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    As most of you know, a Federal Judge overturned Arizon's new law whereby Arizona would begin to enforce Federal Immigration laws. This Judge stated that if Arizona was to enforce federal law, it would do "Great harm to the Federal Government!"
    Therefore I believe it is time for local police to refuse to enforce Federal "Gun Laws". They are paid by US to protect US!. They should not be Federal "henchmen"! By enforcing Federal Gun laws they will be doing "Great harm to the Federal Government"!
     
  7. zeezee

    zeezee nowheresville Member

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    Excellent point.