County Sheriffs have more power than you think

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Let a county sheriff try something like that. Mr. Holder's Justice Dept would be all over that sheriff like a big hairy dog. We also have a 14th Amendment regardng states rights. Something that the federal government, congress and the federal courts have ignored for quite a long while.
 
Somebody needs to review the Supremacy Clause. See what happens when a County Sheriff tries to deny a Federal Agent the power to enforce Federal Law.

The supremacy clause only applies to those powers that are specifically delegated to the federal government and specifically enumerated in the Constitution. In other words, the federal government laws trump those of states laws only in matters that are the specific business of the federal government, such as national defense, nothing else.

If this was NOT the case, why would there be a need for the 10th amendment? :rolleyes:

Andrew
 
Wish you were on the Supreme Court, Andrew. Alas . . .

Thank you Sir...and I am not even a lawyer...LOL

For anyone that seeks to learn more about this topic, I suggest listening to an excellent series of lectures by Tom Woods. They can be downloaded (for free!) from Mises U on iTunes or from the Mises.org website. The series of lectures is called:

The Truth about America History.

Tom covers the pre-independance are all the way through the FDR administration.

Andrew
 
Whew!!

I am thrilled to learn Mack was voted OUT of office by the good citizens of Arizona and has also been denied election by the good citizens of Texas. :):):):):)

Be safe.
 
I am thrilled to learn Mack was voted OUT of office by the good citizens of Arizona and has also been denied election by the good citizens of Texas. :):):):):)

Be safe.

May I ask why? I am always curious to learn about different perspectives.

Andrew
 
Thank you Sir...and I am not even a lawyer...LOL

You don't need to be a lawyer to sit on the U.S. Supreme Court. :) Anyhow, my intended implication is that I wish that the justices who do sit there think the way that you do, but that's not at all how they interpret the law.
 
It is hard to discuss someone like Sheriff Mack without getting into a political discussion. I believe he has vacillated between being a republican and a libertarian. Without getting too specific, historically libertarian candidates have held some rather extreme views that average citizens of conservative leaning states and districts can't quite accept. On another board I regularly make fun of the "liverterrions" (my name for them:D) by pointing out the extreme viewpoints held by some of the stalwarts. Google Mary Ruwart and child porn.
 
The supremacy clause only applies to those powers that are specifically delegated to the federal government and specifically enumerated in the Constitution. In other words, the federal government laws trump those of states laws only in matters that are the specific business of the federal government, such as national defense, nothing else.

Andrew, I ain't a lawyer either. I do have undergraduate and graduate degrees in Political Science and History. I must have been out the day they taught the above.

I was there the day they taught about the Necessary and Proper Clause, the Doctrine of Implied Powers, and McCulloch v. Maryland.

Don't get me wrong. I wish things were like you said. They aren't, though, and they never have been, at least not since the Constitution was ratified. The limited government folks (anti-Federalists) were defeated at the Constitutional Convention.
 
Andrew, I ain't a lawyer either. I do have undergraduate and graduate degrees in Political Science and History. I must have been out the day they taught the above.

I was there the day they taught about the Necessary and Proper Clause, the Doctrine of Implied Powers, and McCulloch v. Maryland.

Don't get me wrong. I wish things were like you said. They aren't, though, and they never have been, at least not since the Constitution was ratified. The limited government folks (anti-Federalists) were defeated at the Constitutional Convention.

The notion that the supreme court was the final arbiter of what was Constitutional and what wasn't, was also unfathomable by the founding generation. Just because 9 men in black robes (who themselves are part of the federal government) make a decision to expand federal power, it doesn't mean that this was within the spirit of what the founders had intended. It also shows how imperfect the constitution is, in that it grants too much power to the federal government. The predictions made by the authors of the anti-federalist papers have sadly come true.

Andrew
 
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It is hard to discuss someone like Sheriff Mack without getting into a political discussion. I believe he has vacillated between being a republican and a libertarian. Without getting too specific, historically libertarian candidates have held some rather extreme views that average citizens of conservative leaning states and districts can't quite accept. On another board I regularly make fun of the "liverterrions" (my name for them:D) by pointing out the extreme viewpoints held by some of the stalwarts. Google Mary Ruwart and child porn.

Painting all libertarians with the views of a single individual is rather irresponsible. Libertarianism is based on a single fundamental principle of non aggression. In simple terms this means that no individual has the right to initiate violence against any other individual or their property. This principle applies to all human beings and all institutions created by human beings ( government). That's it, nothing more, and nothing less.

Andrew
 
Just a couple thoughts:

The attorney who represented Heller in the Supreme Court, and got us that nifty 2nd Amendment decision is a Libertarian and has strong personal beliefs about the 2nd Amendment.

I would urge folks not to press that argument too hard that the Supreme Court is not the final arbiter of Constitutional issues. There are a lot of people on the "other side" really ticked at the Heller decision and who like to try and dig at it. We want to be careful about being in the position of backing the Court when they agree with us but then challenging their authority when they don't.
 
10ring,

The Court is just usually 9 old people, that makes DECISIONS

and set a POLICY. They have NO ARMY to support or enforce their edicts.

They only accept cases that they think the general public will

accept their findings, otherwise they will defer hearing the case.

They would not hear a case that would possibly tear the nation apart, they would defer at the present time.

They could not endure a Congress, Executive Branch, and General Public that was not capable of excepting their decision.

They also walk very carefully on where LAW has been previously established.
 
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Andrew, I ain't a lawyer either. I do have undergraduate and graduate degrees in Political Science and History. I must have been out the day they taught the above.

I was there the day they taught about the Necessary and Proper Clause, the Doctrine of Implied Powers, and McCulloch v. Maryland.

Don't get me wrong. I wish things were like you said. They aren't, though, and they never have been, at least not since the Constitution was ratified. The limited government folks (anti-Federalists) were defeated at the Constitutional Convention.

That is the problem. We accept what is taught to us in liberal universities, rather than reading the document for ourselves. Most universities teach how to misread and how to reinterpret the US constitution and eventually convince most of us that is the way it is. We are "taught" to accept a meaning that some liberal university has twisted and warped into the current progressive version of political correctness. This is not education, but is brainwashing 101.

Our educators should teach us how to read for ourselves, not what to think about what we read. Unfortunately, most universities, especially the more prestigious ones, have become bastions of brainwashing, especially in the areas of history and political science. Are there any of our supreme court justices that have not been subjected to a Harvard education? What we need on the Supreme Court are men who can read with comprehension, not men who have been told what the US Constitution means.

I suggest we pass an amendment prohibiting lawyers from sitting on the Supreme Court, and make it a requirement that all justices come from different states and that they have different educational backgrounds as far as universities go. The inordinate influence of Harvard University on our judicial system, especially the Supreme Court, is IMHO, one of the primary reasons for the failure of our judicial system. Clearly those coming from that background lack the ability to read with comprehension at best and at worst there is a more sinister reason for their rulings.
 
That is the problem. We accept what is taught to us in liberal universities, rather than reading the document for ourselves.

I have read the document. I have read and studied all the Federalist essays, and have extensively studied biographies of many of the founders, particularly Madison and Hamilton.

I would counter to you that before taking the word of some internet website or TV talking head that try to claim that the founders (Constitutional founders, I mean) were a group of libertarians trying to create a limited government, that you read some of the notes of Madison, and look particularly at the actions of Hamilton and Washington after they took office.

Did you know that Madison included in his first draft a "negative" (veto) over state legislatures by the national legislature? Do you think Madison would have included things like the Interstate Commerce Clause, the Necessary and Proper clause, and most of all, the Supremacy Clause if he had been a great libertarian trying to limit the powers of the national government? No, Madison was, in the current vernacular, a "statist" in the truest sense of the word. Madison was without doubt a genius, and to say he did not foresee that future generations would use these tools he left at their disposal is foolish.

When Washington took office (he had been Presiding Officer at the Constitutional Convention, remember) one of his and Hamilton's first acts was to get Congress to pass The Revenue Act, which was intended to provoke a fight between Pennsylvania farmers and distillers and the government (The Whiskey Rebellion) so they could demonstrate the powers of the new government. George Washington and Hamilton put on uniforms and led armed troops against American Citizens who insisted on doing things they had heretofore been free to do.

The originators of the Constitution set out to create a strong, dominant, overbearing central government, and that is what they did. Almost every president in our history has used those powers, even when he didn't agree ideologically with their use. One example, that great author of the Declaration of Independence, T. Jefferson, fought an undeclared war, purchased the Louisiana Territory without an iota of Constitutional authority to do so, and was responsible for having Congress pass The Embargo Act, which was disastrous to our economy.

Don't get me wrong. I hate it as bad as anyone here, but to try to claim something is what it isn't doesn't do anyone any good. Sure, I know about Federalism, the separation of powers, and the division of powers between state and national government. I also realize that the Federal Government, by the very terms of the Constitution, is Supreme, and is going to be upheld by the courts inmost cases. Also, I do admire those founders (except maybe Hamilton :roll eyes:) but I also recognize their foibles and limitations.

This isn't aimed at anyone here specifically; just a general statement . . . . one of my biggest problems with conservatives is that too many of them let people like Limbaugh, Hannity, Levin, etc. do their thinking for them. I probably agree with them about 90% of the time, but by golly, Icame to my conclusions on my own rather than just bobbing my head up and down and saying, "Uh Huh, what he said."
 
This is a rather interesting discussion about the Sheriff's powers; in GA the Sheriff receives his power from the state. His remarks about the sheriff supporting and protecting the Constitution are correct, however this is also true for any other elected office in the county...at least here in GA.

Last night I attended a swearing in for our local school board; our Superior Court Judge administered the oath and yes they too sear to uphold and protect the Constitution.

Again while he is correct that the sheriff does not answer to anyone other than the public again this is also true for any other elected office. On his remarks about being the chief law enforcement official; this too is only part of the truth, the District Attorney is also a chief LEO agent in GA.

Finally it is a little known fact that the Coroner is the only elected official that may arrest the sheriff in GA. There is a checks and balance system in place, however it does not fall in line as Sheriff Mack illustrates.

Cheers,
Sam
 
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