Across this nation there exists a struggle between the powers of the federal government and the county sheriffs. What is certainly distressing is that some states are being pressured to eliminate the office of county Sheriff. The county sheriff is the only elected law enforcement officer in the Country serving each his/her respective county.
The office of County Sheriff is the front line of defense for the protection of the people’s rights. Protection of the unalienable rights of the people is the paramount duty of all elected oath taking public officials but is especially important for the County Sheriff.
Why?
If an agent from some state or federal agency enters inside the jurisdiction of the County Sheriff, it is the duty of the Sheriff to take such measures that insure the protection of the people’s rights from injury by the actions of the agent. The Sheriff should vet the agent to see if he/she has lawful authority to be in the county and engage or otherwise interact with the sovereign people in any official capacity.
How is this accomplished?
The Sheriff must require the agent provide:
- Proof the agent has a timely subscribed Oath of Office filed in the official public record to evince the agent has sworn to protect (not to violate or otherwise infringe upon) the unalienable rights of the sovereign people; and
- Certification under penalty of perjury that the law, statute, ordinance, rule, regulation or by-law the agent intends to enforce is a valid legislative act; and
- Certification under penalty of perjury that a violation of the legislative act applies to the sovereign people and not “persons” [i.e. legal fictions]; and
- Certification under penalty of perjury that jurisdiction exists because the people have intentionally with foreknowledge and understanding of the consequences of consenting or agreeing to contract with the agent and/or agency.
The vetting of the agent as described above could be accomplished by a volunteer committee of people appointed by the Sheriff, to operate under the Sheriff’s auspices. Every agent should be required to submit the above proof of oath, authority and certifications in writing, and then appear before the committee, sworn under oath and penalty of perjury, that the agent’s official capacity and intended action(s) will, at all times, be lawful and will not violate the people’s rights. The Committee would submit the report to the Sheriff for his approval or rejection. This would insure that only vetted state and federal agents would be permitted to carry forth the functions of their limited delegation of authority within the county. This proper and thorough vetting of agents would prevent many abuses the people consequentially suffer from the unconstitutional and unauthorized actions of careless or even rogue agents.
Should state and federal agents not be individually vetted before hand, then the Sheriff should investigate claims and complaints of damages suffered by the people at the hands of the agent in order to complete any requested investigation. Questions like:
- Did the agent inform the County Sheriff, or get the Sheriff’s permission and approval, before attempting to exercise the agent’s alleged jurisdiction? If not, why not?
- Did the agent provide proof of existence of a valid oath of office? If not, why not?
- Did the agent provide proof of jurisdiction over the sovereign people satisfactory to the Sheriff’s investigative authority? If not, why not?
- Was the agent present in the county as a result of a verified complaint of an injured party for lawful authority to exercise and/or execute an arrest warrant? If he neglected to inform the Sheriff in advance, he should be asked, “why?”
- Did the agent’s actions result in causing harm or violation of an unalienable right of one of the people of the county? If “Yes”, why is that agent apparently not concerned of the criminal consequences of 18 USC §241 & §242, or the civil consequences of 42 USC §1983?
- Did the agent’s actions result in the deprivation of the people’s right to life, liberty or the pursuit of happiness? See again, 18 USC §241 & §242, 42 USC §1983.
- Did the agent’s actions result in unjustified emotional distress and/or confiscation of private property (i.e. time, money, books, papers, automobiles, tools, etc.)? See 18 USC §241 & §242, 42 USC §1983.
- Did the law, by-law, ordinance, code, statute, rule, or regulation used as justification for the agent’s actions have a Rights Impact Statement wherein the legislature or the agency has certified that the “authority” only applies to persons [legal fictions] and therefore does not, in any way, abrogate, violate, diminish or otherwise infringe upon the unalienable rights of the people of the County.
However, failure of the Sheriff to properly vet an agent before an action is taken by the agent in his/her “official capacity” leaves the people’s unalienable rights unprotected and can implicate the sheriff as an accomplice after-the-fact.
The Sheriff can stand in the gap. In order to uphold his Oath and pledge of protecting people’s rights, he can require the agent to swear or affirm that the agent’s action(s) will not abrogate, violate, diminish or otherwise infringe upon the people’s unalienable Creator granted rights within that Sheriff’s County. If that agent cannot or will not comply with the Sheriff’s requirement, the Sheriff is within his authority to escort that agent to the boundaries of his county and instruct him or her not to return or the Sheriff can and should arrest the agent for violation of the people’s rights if that occurred as a result of the agent’s previous actions.
Every county in every state in America should strive to elect a sheriff with spine to function as a constitutionally compliant Sheriff should – one who stands for the Constitutions he took an Oath to uphold and is dedicated to “Protecting People’s Rights”.
Are you ready to work to maintain control over the instruments of government the people are responsible for having created?
Stevens County, in northeastern Washington, has just such a candidate running for the office of Sheriff. Good candidates like Ken Barker need your financial support – and your prayers. Read his Mission here. We the People need Men and Women of character and courage across this great Country to become Sheriffs who will work to restore our counties back to the grassroots authority of the sovereign people. Only with our efforts, dedication and commitment, we can strive towards restoring a God honoring Constitutional Republic. Ken Barker’s website is BarkerForSheriff.com. His is a cause this writer endorses.
Ernie Hoch
Protecting Peoples Rights 