Rise of the Sagebrush Sheriffs


Federal Government Seeing Resistance to Overreach

There is a reason that Washington is intent on expanding “gun control,” which is simply a code word for gun confiscation. The United States is a very large territory, but if citizens are completely disarmed, it will be much easier for Washington to manage the public and keep them from pushing back.

However, there is a large and gathering group of constitutionalists, including many sheriffs groups, who recognize the efforts from Washington has been to diminish or remove our constitutional rights and freedoms. They are making known the fact that they are not part of that movement and that they intend to abide by the constitution and exercise their responsibilities without federal direction or intervention. By and large, one would expect these sheriffs to be Trump supporters.

Colorado sheriffs flank Weld County, Colorado, Sheriff John Cooke in 2013 as he announces that 54 Colorado sheriffs had filed a federal lawsuit challenging two gun control bills passed by the Colorado Legislature.

Now, a single event like Recapture, the 2014 Bundy Ranch standoff or the Malheur National Wildlife Refuge occupation, broadcast globally and instantly via social media, draws supporters from across the extreme right, from other Sagebrush Rebels to pro-gun militiamen to local politicians who have no qualms about standing cheek-by-jowl with people aiming rifles at federal agents.

Among those officials are a growing cadre of county sheriffs, many of them from the rural West, who believe themselves above the reach of federal government, constitutionally empowered as the supreme law of the land. Some have chosen to become part of this movement, while others have joined unwittingly, by taking strong political stances or acting on the behalf of local anti-government movements. These self-proclaimed “constitutional sheriffs” use their assumed position as the ultimate law enforcement authority to fight environmental regulation, run federal officials out of their counties, and, in some cases, break the law themselves.

The constitutional sheriffs’ seminal moment was in 1994, when Richard Mack, then-sheriff of Graham County, Arizona, and a handful of other sheriffs sued the federal government over a provision in the 1993 Brady Act that required local law enforcement to handle background checks on gun sales. In 1997, the Supreme Court ruled 5-4 for the sheriffs, deeming it unconstitutional for the feds to force the state or its officers to execute the regulation.

Mack’s defiance made him a folk hero to the then-burgeoning Patriot movement, which is centered around the belief that the federal government is taking away individual liberties. Mack became a speaker at Patriot gatherings, railing at Clinton and his attorney general, Janet Reno. In 1996, Mack lost his bid for re-election, but he still spoke for libertarian causes, and he co-wrote a book with Randy Weaver, the man at the center of the 1992 Ruby Ridge shootout with federal agents, the event that catalyzed the militia movement.

But it was Mack’s “complete discouragement and feelings of hopelessness” at the 2008 election of Barack Obama that propelled him back into the political spotlight. In reaction, Mack wrote a 50-page screed denouncing the federal government and its intrusion into individual and state rights. The County Sheriff: America’s Last Hope, published in 2009, argues that the sheriff is the ultimate law enforcement authority and thus the “last line of defense” shielding individual liberties from out-of-control federal bureaucrats. The manifesto cemented his cause and made him one of the prime movers of the ad hoc reactionary movement that would come to be known as the Tea Party.

By refusing to enforce federal and state laws that they deem unconstitutional, whether they involve BLM, road closures, gun control, drug laws or bans against selling unpasteurized milk, Mack says sheriffs can lead the fight to rescue America from the “cesspool of corruption” that Washington, D.C., has become. If need be, he says, sheriffs even have the power to prevent federal and state agents from enforcing those laws, thereby nullifying federal authority. If a particular sheriff doesn’t rally to the cause, then the voters should kick him out of office. And Mack and his organization have been quietly fielding opposition candidates in many counties. In fact, he is one of the forces behind the Constitutional County Project, which aims, this year, to elect a whole slate of “constitutional” candidates to office in Navajo County, Arizona, in what amounts to a nonviolent coup d’état. “There is no solution in Washington, D.C.,” Mack told me. “If we’re going to take America back it’s going to be at the local level.”

“We’re challenging the status quo, and we are challenging some federal and state agencies and some special interest groups who are using money, influence, politics, regulations and lies to literally destroy rural America and our way of life,” Siskiyou County Sheriff Jon Lopey, said, summing up the sentiments of his colleagues. “Some of your federal and state agencies care more about fish, frogs, trees and birds than (they) do about the human race. And one more thing: We’re broke. Why don’t you let the people work?” His message was clear: Environmental regulations wreck the economy, and a bad economy leads to crime, so the interests of sheriffs everywhere are best served by fighting environmental regulations.

State legislatures, including those in Montana, Arizona and Washington, have tried to pass legislation giving sheriffs more power, usually by undercutting federal law enforcement. They’re rarely successful, but in 2013, Eldredge attended the Utah Legislature’s session to help Rep. Mike Noel, a well-known Sagebrush Rebel from Kane County, introduce a bill to limit the ability of federal officials to enforce state and local laws on public lands in the state. The “sheriff’s bill” passed, but was later repealed after the courts stopped it from taking effect.

Which isn’t to say sheriffs aren’t already extremely powerful, says LaFrance. As elected officials, sheriffs are accountable only to the voters. County commissioners have no control over them and can’t remove a sheriff, even if he or she is convicted of a crime. Though commissioners typically control the budget, they are usually prohibited from cutting off the sheriff altogether. In most states, only the governor can remove a sheriff from office, and that is only in cases of extreme malfeasance.

 Sheriffs have used their authority to weigh in on all manner of issues. Mack was a leading figure at the Bundy Ranch standoff in 2014, excoriating the local sheriff for not running the BLM out of there, and last year, he urged constitutional sheriffs to refuse to enforce the Supreme Court’s decision to permit gay marriage. In Idaho, Bonner County Sheriff Daryl Wheeler wrote to the state’s governor, Butch Otter, exhorting him not to resettle Syrian refugees. Mack was on hand in Burns, Oregon, in early January to demonstrate in support of ranchers Dwight and Steven Hammond, who were sentenced to five years in prison for arson on federal land. Even though he is close to the Bundys, however, Mack questioned their subsequent occupation of the nearby wildlife refuge. While the local Harney County Sheriff, David Ward, has taken a strong stance against the occupation, Sheriff Glenn Palmer, from Grant County, Oregon expressed limited support for Bundy and friends, saying the federal government should give in to some of their demands. Palmer was the 2011 CSPOA Sheriff of the Year, and made his name by pushing back against federal land agency travel-management plans.

Mack says the CSPOA has about 4,500 dues-paying members, some 200 of whom are sheriffs, and he says his group has “trained” (taught their principles to) hundreds more. But the tentacles of the constitutional sheriff philosophy clearly reach far beyond the group’s membership rolls. Shortly after the Recapture ride, the conservative media outlet Breitbart Texas interviewed Eldredge, who in 2010 had run as a Democrat against then-incumbent Mike Lacy, promising to open more doors to federal agencies. Four years later, he was a Republican, running on a record of standing against federal overreach. In the interview, the sheriff blamed environmental regulations for transforming San Juan County from one of the richest counties to one of the poorest in the state, and he said he’d love to see federal land transferred to the state. When asked if he considered himself a constitutional sheriff, Eldredge replied, “I do.

“I thought every sheriff was supposed to be a constitutional sheriff,” he added. “That’s our job.

Source: hcn.org



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