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Sheriff's Authority

Discussion in 'Legal & Political Archive' started by ZigZagZeke, Feb 5, 2013.

  1. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    In the Supreme Court case Printz v. U.S. from 1997 that protected state officers from a federal law that attempted to mandate Brady bill participation. Scalia’s summary states:

    “We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State’s officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is reversed. It is so ordered.”

    In this ruling, sheriffs can find comfort in a federal opinion that supports their power to reject, at their discretion, the enforcement of a federal law and the legal cover it provides. While this ruling prohibits federal legislation from commandeering state officers, it is important to note that Sheriffs do not require permission from a federal court to say “no” to enforcing unconstitutional laws. In the same way states do not require federal permission to nullify unconstitutional laws.

    Sheriffs, States and the Supreme Court ? Tenth Amendment Center

    And further, a Sheriff would have a sworn duty to actively PREVENT the application and enforcement of such laws.
  2. chemist

    chemist Beaverton OR Well-Known Member

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    A key finding of Marbury v. Madison holds that unconstitutional laws are "void," meaning that you don't have to wait for them to be overturned by the Supremes, and anybody who tries to enforce them commits a crime.

    The Tenth is our last, best hope against a US Congress and Administration gone wild.
    mosinguy1 and (deleted member) like this.
  3. 9MilMan

    9MilMan Milwaukie Active Member

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    AND..................Did not the Federal Government sue Arizona for attempting to enforce Federal immigration law? They can't have it both ways.
  4. greedy bastards

    greedy bastards Multnomah Village New Member

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    Yup, so said he in the oval office. You can't have it both ways.
  5. salmonriverjohn

    salmonriverjohn N.W Oregon coast, Gods country Well-Known Member

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    You meant the oval orifice didn't you?
    Redcap and (deleted member) like this.
  6. oknow

    oknow amboy wa. Well-Known Member

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    unfortunately all the gooberment has to do is defund the sheriff's office, they get rid of the problem child and have more money for obozos task force.
  7. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    except that the Sheriff's office is funded by county taxes....
  8. Siuslaw Warrior

    Siuslaw Warrior Oregon Coast Member

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    ... and the sheriff has the power to deputize a posse of volunteers to assist him or her.
  9. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    My training and cache would be @ their disposal in this scenerio.
    pdx lefty and (deleted member) like this.