We have intended to write this for a very long time, but the recent political assassination of a harmless man by rogue federal agents/paid mercenaries impels the need to rationally discuss the Office of Sheriff in general, and in particular.
(1) The Sheriff
In the Oregon Constitution, under the Judicial Department, the county sheriff “shall be the ministerial officer of the Circuit and County Courts” and performs related duties as prescribed by law.
Those “other duties”, under the Executive Department, are codified in the Oregon Revised Statutes, as follows:
The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of the office of sheriff, it is the sheriff’s duty to:
(1) Arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses.
(2 ) Defend the county against those who, by riot or otherwise, endanger the public peace or safety.
(3,4,5) [relating to court duties….not germane to this discussion]
The county sheriff is elected by the people in the county. He is therefore accountable to the people who elected him, and, in a sense, controlled by them. He is subject to their recall or replacement, should he fail to faithfully and diligently serve the needs of the people and the duties of his office. He is readily available for redress of grievances. His budget is controlled by the county commissioners. He is one of the people, and accessible to all within the county.
As a qualification for his office, the sheriff has sworn a solemn oath to the people who elected him to protect and defend the “Constitution of the United States” (acknowledged as the Supreme Law of the Land because it specifically identifies the rights, duties and limitations of the respective governments and protects the rights of the people) and the Constitution of the State of Oregon.
Men “are endowed by their Creator with certain unalienable rights”, and Governments were “instituted among Men…to secure these rights, deriving their just powers from the consent of the governed.” (Declaration of Independence) This should be clear enough for anyone to understand. Men institute governments to protect their Rights. They created the office of sheriff to defend the public safety and to conserve the peace, and the sheriff is responsive to that delegated duty.
The sheriff has the authority to deputize qualified men and women to help him carry out the duties delegated to him by the people. These deputies are directly accountable to the sheriff, as they are acting as his agents. Thus, they are indirectly accountable to the people, who have delegated their powers to the sheriff as their agent.
(2) The Federal Government (United States)
The Supreme Law of the Land is very clear about describing the rights, duties and limitations of the federal government, which is called the “United States”. In Article 1 Section 8 the “United States” is authorized by said Supreme Law to own the land necessary to carry out its enumerated duties, and only those specific duties.
Said Constitution has never been amended to allow the United States to own land for any other purpose; and powers not granted in the Constitution CANNOT be extended, expanded, or created by any court, officer, agency, or anyone else. It would require a constitutional amendment. And there has been none.
The United States Government is allowed to “exercise exclusive Legislation” over its seat of government (Washington DC), and specified “property” ceded or purchased to fulfill the requirements set forth in Article 1 Section 8. This means it can make ANY laws it wants over its own property/enclaves. It can create all the “alphabet agencies” it wants, but its authority and jurisdiction covers ONLY its own property. The Constitution strictly limits the jurisdiction of the United States to its own property. So why do we see the FBI taking over Harney County recently and exercising martial law over all the inhabitants?
(3) Cooperative Law Enforcement Agreements
According to law, the county sheriff has supreme authority inside the boundaries of his county. This authority supersedes all other governments and agencies outside his county, contrary to what you see in the Hollywood movies. Federal agents especially are foreign (per Supreme Court inside Washington D.C.) and have no constitutional authority to operate within any county. Period.
A treasonous violation of Oath and Trust may be taking place within your county, involving perhaps your county commissioners and the sheriff himself. For a small sum of money (bribe) from the federal government, they have broken their constitutional oath and promise to the local people. They have struck a bargain and signed a private contract with the federal government called a COOPERATIVE LAW ENFORCEMENT AGREEMENT. But any such bargain is VOID because it is unlawful, unconstitutional, and clearly outside the authority of the signers.
The Agreement supposedly allows the United States (federal government) to enforce its agencies’ laws within our county. This agreement is purposefully ambiguous and uncertain about the scope and limits of the actual authority delegated to federal employees. When asked the source of their authority to operate within the county boundaries, federal employees will cite this signed Agreement. But they cannot identify the wording of the particular authority delegated, as the agreement is crafted to be unclear and open to different interpretations. Clearly, the necessary “meeting of the minds” is missing.
This “agreement” is not valid nor is it enforceable. It is a sham. It purports to do what CANNOT be done constitutionally or lawfully, and therefore it is not a valid contract under law. It is a fraud upon the people!
Further, it calls for “Cooperation” between agencies (not “coordination”), and it gives the federal government agencies the upper hand, with the counties subordinate. THIS IS ABSOLUTELY IN VIOLATION OF THE CONSTITUTION and many County Ordinances that the Sheriff is obliged, under Oath, to obey.
In recent memory, the United States passed the unconstitutional so-called Patriot Act and then the National Defense Authorization Act with its Indefinite Detention clause, both of which specifically DENY protected rights of due process to an accused.
Federal agencies are actively forcing ranchers and miners and loggers out of business through unconstitutional federal regulations, effectively taking land and destroying rural economies and our chosen way of life and our health, safety, and welfare.
So-called Fusion Centers are targeting freedom-loving Americans, while FEMA prison camps are being built everywhere. The United States government is a giant criminal and drug cartel using mafia tactics in all their “alphabet agencies” with military support to enslave us all, and the true American Patriot is their designated primary enemy. Show us any evidence that these statements are wrong!
To allow these foreign assaults on our liberties to occur within our counties is unconscionable and reprehensible. But this is what the Federal Government is all about! EVERYBODY knows it. Even your local Sheriff knows, or should know.
People in all rural counties are anticipating that the next confrontation with overreaching, unconstitutional federal usurpation could well occur in their own back yards, and for good cause. BUT IT NEED NOT HAPPEN!
There can be no reasonable or lawful justification for the elected sheriff to delegate HIS SUPREME LAW-ENFORCEMENT AUTHORITY to any foreign agent who is NOT DIRECTLY ACCOUNTABLE to him or to the people. To do so would disqualify him from office, as he is the man chosen by the people of his county to protect and defend THEIR RIGHTS, and he is directly accountable to them.
The Constitution does not contemplate that the jurisdiction of the federal government would extend into the several States except to fulfill its limited and enumerated duties as set forth in Article 1 Section 8.
Repeat: The Constitution does not contemplate that the jurisdiction of the federal government would extend into the several States except to fulfill its limited and enumerated duties as set forth in Article 1 Section 8.
(4) The Current Situation
It is beyond the authority of the sheriff to assume to transfer or delegate any law enforcement powers to the United States federal government that are not clearly set forth in the Constitution. The US Congress has no such power, and the agencies it creates have no such power. The sheriff has no legal capacity to enter into such an agreement, for to do so VOIDS his sacred Oath to the Supreme Law of the Land. And when one is in breach of his oath, he is no longer qualified to hold office.
The mere act of signing this agreement giving away his sovereign authority violates his Oath of office, creates Treason, and his signature is legally void. He immediately loses his capacity to act as sheriff, and therefore the resulting contract is void on its face, from the start.
Further, and more important, the sheriff has violated his Trust with the people. He is their elected law enforcer in the county. When he allows any foreign power to come into his county to enforce its own private, foreign laws against the people of his county and outside the confines of his Oath, he has failed in his duties to the people. He has given aid to the enemy. He has lost control of law enforcement domain entrusted to him alone.
Remember that the “United States” is given the constitutional right to have “exclusive legislation” over its property–its area—its territory. That means federal laws are not required to protect private rights. It can make any laws it wants.
The sheriff, by wrongfully allowing federal jurisdiction into his county through this “agreement” has opened a Pandora’s Box upon the people in his county. It is a betrayal. It is treason, by definition.
Is it not treason for Harney County Sheriff Dave Ward to welcome and delegate his sovereign authority to eight hundred (some say) armed foreign personnel into his county, preparing for a massacre of peaceable protesters, using Blackhawk helicopters, armored personnel carriers, drones, artillery, 200 vehicles, etc, and terrorizing the local people and disrupting the health, safety and welfare of the county? Now, he cannot even tell them to go home.
It is also reported that foreign mercenaries, without insignias or patches or nametags, are under private contract to act under the authority of Sheriff Ward! Some say that the murderers of LaVoy Finicum and who participated in the “Bonnie and Clyde” assault on women were also paid mercenaries with no oath to the people. This cannot be tolerated by our people. It must NOT happen in your county!
Like the 30 pieces of silver paid for betraying Christ, the sheriff took a small payment as his incentive to sell out his superior authority and solemn DUTY to protect the people’s rights and safety. He is in violation of trust, and Oath, and has disqualified himself from Office. Can anyone see this any differently?
By selling his constitutional authority, he is no longer able to perform as conservator of the peace. Nor is he capable of defending the county against those who might endanger the public peace and safety. He is no longer the people’s sheriff, yet he continues to collect his pay and benefits. He cannot guarantee even the right of due process to his people because it is now beyond his control, onto the federal level of jurisdiction and power where due process and good sense do not apply.
(5) The Example of Harney County
Harney County Sheriff Dave Ward was recently appointed to his office, and probably ignorant of the consequences of signing a new agreement with the United States. He is also ignorant of the Constitutional limitations as to the (1) nature of land that could be lawfully purchased by the United States, and that (2) any lawful purchase must have the consent of the Oregon legislative assembly, and that (3) federal jurisdiction, to attach to lawfully purchased land, must be declared on the face of the deed.
Our sources inform us that these alleged Refuge land sales are void. It is very possible that the Bundys are correct, and that the transaction of Refuge land claimed or “owned” by the federal government did not obtain the required consent from the state legislature. We are awaiting verification.
BOTTOM LINE: If Sheriff Ward had retained his constitutional powers and refused to sign a Cooperative Law Enforcement Agreement with agencies of the federal government, NONE of the recent tragic events in Harney County would have happened.
The Hammonds would not have been subjected to federal prosecution and unlawful imprisonment, twice put in jeopardy, the Refuge would never have been peacefully occupied, an honorable Christian man would not have been needlessly assassinated, a number of others would never have been arrested, and a county would never have been terrorized by the invasion of hundreds of armed federal agents, vehicles and helicopters, exercising unconstitutional martial law over all. It was all done because Sheriff Ward authorized it through his signature on an unconstitutional agreement.
(6) The Solution
Per Oregon statute, a county sheriff is authorized to enter interagency law enforcement agreements only between the county and LOCAL agencies. There is NO authority to enter agreements with the United States federal government, and there should not be. These federal agents have no inherent jurisdiction, and they follow law intended for Washington DC. They are NOT accountable to the sheriff, or to the local people. They are not under oath to protect private rights of the people.
In relationship to a county, they are foreign agents for a foreign power (per Supreme Court holdings). And they should NOT be given unconstitutional law enforcement authority over local people that results in the loss of local control and a loss of recourse for redress of grievances and a loss of due process rights.
The American founders wisely chose to strictly limit federal jurisdiction. No court decision, no legislative enactment, no agency regulations, and no phony sell-out Cooperative Law Enforcement Agreement can rewrite the powers conferred in the Constitution nor lawfully GRANT federal jurisdiction over a county and its people.
County Commissioners and the County Sheriff must publicly rescind and revoke all such unlawful, unconscionable agreements/contracts. Any federal laws that threaten local health, safety, and welfare are automatically trumped by local government. Local government MUST understand their original supreme authority and claim it back!
1) Present those local officials with the evidence of their required Oaths as qualification for their office, and 2) of the Constitutional allegiance attached to their office, and 3) of the failure of these Cooperative Law Enforcement Agreements to comply with constitutional mandates, and 4) of the will of the people to forbid these types of agreements with the federal agencies. 5) Failure to revoke and rescind all such contracts and agreements should result in actions for immediate recall from office, or replacement.
The people must be willing to separate from government handouts, which always attach federal jurisdiction over the recipients. Learn to live within your means, personally and as a municipal corporation. Do not exchange liberty for “benefits”. Support your local government to protect your health, safety, and welfare. One day, your local economy will thrive and you will remain at liberty as our Founders intended!
We are very willing to hear suggestions for any better solutions.