OH I love this, smack pow slap , the Feds get beaten down and owned. now the Sherrif's in wyoming are using their new power to free its citizens from gun registry listings and more. I hope this spreads like wildfire across the USA..http://disinter.wordpress.com/2007/02/18/wyoming-sheriffs-put-feds-in-their-place/
Wyoming sheriffs put feds in their place
February 18, 2007
Here’s one the mainstream media isn’t going to tell you: County sheriffs in Wyoming are demanding that federal agents actually abide by the Constitution, or face arrest. Even better, a U.S. District Court agreed according to the Keene Free Press:
The court decision was the result of a suit against both the BATF and the IRS by Mattis and other members of the Wyoming Sheriff’s Association. The suit in the Wyoming federal court district sought restoration of the protections enshrined in the United States Constitution and the Wyoming Constitution.
Guess what? The District Court ruled in favor of the sheriffs. In fact, they stated, Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official.” Go back and re-read this quote.
The court confirms and asserts that “the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers EXCEEDING that of any other state OR federal official.” And you thought the 10th Amendment was dead and buried — not in Wyoming, not yet.
Bighorn County Sheriff Dave Mattis comments:
“If a sheriff doesn’t want the Feds in his county he has the constitutional right and power to keep them out, or ask them to leave, or retain them in custody.”
“I am reacting in response to the actions of federal employees who have attempted to deprive citizens of my county of their privacy, their liberty, and their property without regard to constitutional safeguards. I hope that more sheriffs all across America will join us in protecting their citizens from the illegal activities of the IRS, EPA, BATF, FBI, or any other federal agency that is operating outside the confines of constitutional law. Employees of the IRS and the EPA are no longer welcome in Bighorn County unless they intend to operate in conformance to constitutional law.”
The implications are huge:
But it gets even better. Since the judge stated that the sheriff “has law enforcement powers EXCEEDING that of any other state OR federal official,” the Wyoming sheriffs are flexing their muscles. They are demanding access to all BATF files. Why? So as to verify that the agency is not violating provisions of Wyoming law that prohibits the registration of firearms or the keeping of a registry of firearm owners. This would be wrong.
The sheriffs are also demanding that federal agencies immediately cease the seizure of private property and the impoundment of private bank accounts without regard to due process in Wyoming state courts.
This case is not just some amusing mountain melodrama. This is a BIG deal. This case is yet further evidence that the 10th Amendment is not yet totally dead, or in a complete decay in the United States. It is also significant in that it can, may, and hopefully will be interpreted to mean that “political subdivisions of a State are included within the meaning of the amendment, or that the powers exercised by a sheriff are an extension of those common law powers which the 10th Amendment explicitly reserves to the People, if they are not granted to the federal government or specifically prohibited to the States.”
It appears to me that one office where the Libertarian Party should focus it’s limited resources is County Sheriff. The change that could be made is nothing to laugh at. Meanwhile, there are still a bunch of nuts wasting valuable resources supporting those that seek offices that will never be won.
Posted by disinter Filed in US Constitution, libertarian, police
Tags: 10th amendment, federalism, Sheriff, state's rights, tenth amendment, Wyoming
37 Responses to “Wyoming sheriffs put feds in their place”
Ferny Reyes Says:
February 20, 2007 at 9:48 am
Interesting. Ultimately, it’s a decision that will most likely be overturned. Federal law trumps state law, this is a basic fact of federalism. It’s only limitation is on actions that only the state can have.
Furthermore, this judge is incorrect. A state is not a soverign state. That has been derailed constantly for the last hundred years.
I know the liberatarians are up in arms about this and are happy. Just remember, Constitutional Law is something that no political affiliation can ultimately change at will.
February 21, 2007 at 2:23 am
February 22, 2007 at 10:07 pm
Hmmm, I thought we were a republic?
February 25, 2007 at 4:05 pm
Furthermore, this judge is incorrect. A state is not a soverign state.
Constitutionally it is.
April 7, 2007 at 10:07 pm
thanks for inviting me to your website.
quite a simple page but with informative content.
Chuck Young Says:
March 30, 2008 at 11:02 am
A state is not a sovereign state? Any attorney will tell you there are two sovereigns in matters of Criminal Law, State and Federal. That’s why Michael Vick can get charged twice for essentially the same crime.
Federal Law trumps State Law? What part of the 10th amendmemnt isn’t clear? Do you even know what it is? Do you understand the difference between “rights” and “powers”, and who has which? Where do powers inherently reside? What about rights?
Y’all need to study the Constitution and come back when you’re a little more educated.
You’re ignorant children. Time to grow up. You’ve got maybe 4 years.
March 30, 2008 at 11:59 am
First,I am not a libertarian. Ferny is mistaken. EACH state IS sovereign. The states are as foreign countries to the Federal Government. The Fed’s do not want you to know that. To be legal and constitutional a Federal agency must go to the local sheriff to obtain permission to “work” within his county. Go to http://www
Charles Edmond Says:
March 30, 2008 at 12:19 pm
The reason someone might be confused about State sovereignty could be due to the fact that no one challenges the feds on these issues. The feds have made all kinds of statutes, rules and regulations that are in conflict with the supreme law. These courts are a scam that prey on people to generate revenue. Volumes and volumes of “hindrances”, are authored and laid against the people to encroach on their freedoms. These encroachment are presented to us in the “color of law” but in actuality are no law at all. The attorneys are given procedures in which to abide by but no challenges to whether charges are constitutional usually arise because they are playing the game as officers of the court. We could clean-up a lot of courts if we simply remove the authority of the judges and force them to be referees as they should be and let people have access to JURIES. The biggest criminals in this nation are JUDGES. When the sheriffs of counties allow the feds to feast on the people he has sworn to protect he would be equally as guilty of the infringement as the low-life’s that issued the false warrant. I encourage everyone to stand behind a sheriff that stands up for his electors. Maybe one day we could possibly get a few freedoms back. Thanks sheriff. Remember Mr. Young a real judge would be on the look-out for any stealthy encroachments on the rights of people in his court. The judges we have today are mostly arrogant trash. The federal government was merely the “federation” of states there was no IRS there was no FBI. The FED doesn’t trump a damn thing, unless you let them. This sheriff was 100 percent correct in defending his people against these encroachments. Oh, and Mr. Young, The sheriff is the highest ranking official in every county. The only reason the Feds are more than a figment of our imagination is because of sheriffs that are more worried about being on the federal tit than being a sheriff. God Bless real lawmen. God Damn the phonies.
March 30, 2008 at 4:49 pm
States seldom challenge the feds these days, because that last serious attempt (in 1861) ended badly.
John Galt Says:
March 30, 2008 at 5:25 pm
I’d say the War Of Northern Aggression wasn’t a total loss. Thinned out them damn yankees a bit. Not only that, but it showed the truth behind the fiction of the state.
I highly recommend Ayn Rand’s “Atlas Shrugged” to show how our country is going down the path of ultimate self destruction.
Alex Wallenwein Says:
March 30, 2008 at 7:31 pm
Read Art. VI of the Constitution:
“This Constitution, and the Laws of the United States which shall be made IN PURSUANCE THEREOF; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”
For those who can’t read: Federal law “trumps” state law only if it is made IN PURSUANCE of the Constitution. It does not say “in violation of the Constitution”. This includes (supreme court) judge-made law.
I rest my case.
March 30, 2008 at 7:37 pm
This is a good piece. Too bad more won’t follow the good sheriff’s example. The reason a lot of people believe that the fed “trumps” the states is because they can (if you let them!). It should be no mystery that this government is totally corrupt and complicit. When these thugs operate in various states they have the “tacit” approval of the local authority.
The local authority DOES have the right to throw them out but they don’t. It’s a rigged game. The problem is “we the people” are the defacto losers. Most of these local officials are as corrupt as their “heroes” in D.C..
Now, parties like the Libertarians have a chance to do some real good locally. Running candidates that are honorable and genuinely a choice from the standard mutts is a real chance to take back control. They take our money and use it against us. Why do we let them?
Clearly the head parasites federally couldn’t care less what we think. Locally it could be a different story. If people take the time and put in the effort to control their destinies locally the future could be something to look forward to. If we continue to act like ‘victims’ it will be a self-fullfilling prophecy.