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A focus on elections for sheriff, court rules in our favor.

Edit: I've been researching the following article today and its possible that I've posted prematurely. I've yet to be able to find the case listed with the number in the article (and other articles). What's more, the original story is from 1997, picked up again in 2000, then reposted in a number of places this past February. The current sheriff in BIghorn County is Kenneth Blackburn, not Mattis. I'll be sending a few questions to the county sheriff's department over the course of the evening to see if I can clear up the confusion. As of right now, I suspect that the article I link to below is the result of a hoax, or perhaps a misunderstanding, perpetrated some years ago. The issue may be more convoluted than a series of articles, based on a court case which may or man not have happened, made it out to be. I'm sorry about the confusion. I saw the article, and a few others on the topic, and went forward in posting the story with the impression that the listed court case, which the articles quote, existed. Since I've been unable to find the court case today, I have doubts about the veracity of all of this so I'll look into it further before I go on. In light of what I've found, or rather what I haven't found, today I cringe when I read through what I wrote last night. This whole thing may end up being another one of those "patriot myths".

County Sheriff Can Bust Big Bro
http://www.keenefreepress...

I've seen hyperbole like "HUGE DEVELOPMENT" and "CRITICALLY IMPORTANT" thrown around here as freely as congress dishes out our money. I've been reticent to join in the chorus so when I say that this is big, I hope people will at least read on and decide for themselves. If you think this is a worthy post, please bump it so a number of people have the opportunity to see it. I would also ask that, if you have a blog or are a member of another Ron Paul forum, you help push this concept. Meetups are ideal for this type of campaign. You don't need to link here, I'm not looking for any credit whatsoever, just push and implement the idea, if you judge it worthy.

To get to the point, a District Court recently ruled in favor of the Wyoming Sheriff's Association. The result of the case was the court ruled "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." Please read that last statement again to let the significance sink in. The tenth amendment isn't dead, and a federal court says so. This may or may not be overturned (its Constitutionally correct, though its seldom been enforced by local sheriffs, so its fairly unlikely to be overturned) but we have been given an opportunity and we should seize it.

At this point, please read the article if you haven't done so already.

This represents a huge opportunity for the liberty movement. This ruling gives us a local office which can be won across the country by liberty loving grassroots campaigns. The office is sufficiently powerful to protect citizens in a county against many of the federal encroachments on our rights that we complain about here. Refocusing efforts on local sheriff's office can produce real results in a short time frame. This isn't a panacea, not all of our problems would be solved by electing strong willed, Constitutionally minded sheriffs but it would give us enough freedom to work to solve other problems.

We can do this! We can take back many of our rights at a local level and provide a serious base to build on in law enforcement for both local and national campaigns. This doesn't require any new infrastructure, nor significant money. Entire states can focus energy on two counties, take the counties, then focus on a few more in the next election cycle. Counties can do it all by themselves. Heck, 10 people, really working hard for a year, could pull it off by themselves. Local elections seldom draw more than 10% turnout so we can swing those with relative ease.

I'll be researching this and updating this post, perhaps with offshoot threads, with more information as I get it. If there is anyone on the Daily Paul with experience in local politics, especially sheriff elections, I would love to hear what you have to say. I'm serious about doing what I can to helping this go forward in whatever ways I can. I hope you will find this idea worthy enough to look into it, push it online and start things going in your area.

One last point, this idea is not intended to in any way confront the long term delegate push to retake the Republican party. It can easily run in parallel. Ultimately both campaigns will benefit each other.

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This is actually true

I don't know about this particular case but the Sheriff is the highest law in the land...that is why, if they want, they can kick out military during training and stuff...Now the problem is...why don't they use this power for Good???

Self bump. Please read the

Self bump.

Please read the edit I posted above. Its at the top of the post.

This is very good news. I

This is very good news. I agree about the relation to the 10th amendment.

The sheriff is

the law for you and your town!! He was elected to "serve and protect" Some have never been educated as to what his proper "duties" are, so to advance the states agenda(s). As sheriff, he has more "power" than most realize!!
Read "The Proper Role of Law Enforcement" Also "Protest and Serve: Time For Sheriffs To Walk Tall" by Sheriff Richard Mack

Wow!

We need about 100,000 Ron Paul police to run for County Sheriff in every county in the US. That would do more for states rights than the GOP convention.

A move to Bighorn county

would be good!

Sloppy Reporting

"Bighorn County Sheriff Dave Mattis spoke at a press conference following a recent U.S. District Court decision (Case No. 2:96-cv-099-J (2006)) and announced that all federal officials are forbidden to enter his county without his prior approval ......

'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.'"

Not true, not true, not true. He has no right (nor priveledge) to forbid any person to enter "his" county. Any of us, regardless of any elected office we may hold or who our employer is, can travel freely across "his" county borders.

He cannot just "retain them in custody;" that would be false imprisonment and a crime.

I assume they meant that such officials wishing to act in their official capacities may find their actions over-ruled by the Sherriff as he is above them in jurisdiction. Of course, the courts are above him. It does not mean that officials become slaves of the Sherriff or they can't do their jobs without asking first. It just means, if they don't ask first, they run the risk of being over-ruled.

It's an interesting concept. It certainly pays to know your rights.

But it's also important to know that the Sherriff, as an official himself, is still bound by the Constitutions of his state and the U.S. No person has any more rights than any other, and officials may have fewer rights they can exercise while performing their duties because of Constitutional limits on them, but they don't give up the ones they have as persons.

IMissLiberty

The courts

are not above him. He is elected. The judges are appointed. A sheriff, because he is elected, is actually the ONLY constitutionally correct officer of the law there is. Unfortunately, his office has been reduced to delivering warrants and working in the courts. This is my understanding after years of studying and being in the courts. I live in Newport News Virginia, and if you look at a city police officers badge on his uniform it states proudly "Corporation of Newport News." City's and towns are now run as corporations. Which means they are a for profit business, not a government of the people. This is why they don't have to adhere to the constitution. Your courts, and all "government" agencies are all employees of the same corporation. They are a business and you are a consumer. As long as you do business with them, you have to play by their rules, and their rules don't include the constitution.

I suspect you are right.

I suspect you are right. That doesn't change the thrust of the ruling though. A federal agent of a Constitutionally authorized agency may enter the county but, if they were to prosecute their office in a manner which isn't explicitly authorized in the Federal or State Constitutions the county sheriff can detain them. This leads to an interesting questions which I doubt any of us can answer at this time:

If the agency isn't explicitly authorized in Federal Constitution, does the presence of that agent conducting business on behalf of that unauthorized agency automatically represent a violation of the Constitution?

I don't know of any case law for this, and I wonder if it has ever even been ruled on. This is a question that a local sheriff would need to find the answer to either through legal research or court.

I wonder how long it will be .........

........... before Sheriff Dave Mattis ends up shot and killed?

“I have joined your revolution and I’m proud to be part of what you want to do.” - Ron Paul

If he's shot and killed,

If he's shot and killed, then we need to be able to supply a replacement. Ideas are bullet proof. The power of a sheriff is only county wide so there isn't much incentive for the feds to kill them.

Its thoughts like "I wonder when he will be shot" that lead people to sit on their asses doing nothing out of fear and apathy. We can't fall into that trap.

I'm looking things up for this during off time at work today. I'll update the post at some point tonight (probably late) and bump it. This can really work as part of the solution.

True American Patriot

Bump

I think we have found

a man worthy of being Ron Paul's running mate. Sherrif Mattis is a true patriot in every sense of the word. You can bet the Feds won't stop until they set him up somehow.

Wow

This man is my hero..

This is a defining moment.

This is a defining moment. And article...listen everyone..this is now a very attainable goal.

Thanks..

Sometimes solutions are so simple we fail to realize they are there for the taking.

Sheriff Ned Flanders is now my hero!

He looks like Ned...anyway that is the most refreshing thing I have read in a long long time...I hope his message spreads like wildfire across the nation. I for one will be sending and mailing a copy of this to the sheriff here. Man that was a good story.. :O)

Sheriff boots Feds from his county!

Here is a Sheriff who knows how powerful his office is!!!

Sheriff boots Feds from his county
By Phil Hamby

Sheriff Dave Mattis of Big Horn County, Wyoming said this week that as a result of Case # 96-CV099-J, U.S. District Court, District of Wyoming, he now has a written policy that forbids federal officials from entering his county and exercising authority over county residents unless he is notified first of their intentions.

After explaining their mission, Mattis said he grants them permission to proceed if he is convinced they are operating within the legal parameters and authority limitations set forth in the U.S. Constitution.

The sheriff grants permission on a case-by-case basis only. When asked what, if any, repercussions he had gotten from the Feds, he quickly and confidently replied, None whatsoever.

He explained by saying, They know they do not have jurisdiction in my county unless I grant it to them.

Mattis clarified his position by saying the federal court had ruled the state of Wyoming is a sovereign state and the state constitution plainly states that a county sheriff is the top law enforcement official in the county.

Additionally, Sheriff Mattis contends that the U.S. Constitution, Article 1, Section 8, clearly defines the geographic territories where the federal government has jurisdiction. Amendment X, he said, states that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Therefore, Mattis thoroughly believes the Feds have very limited powers in any state unless the local high-sheriff allows them to exercise power beyond that which the Constitution provides. Put another way, Mattis said, if the sheriff doesn’t want the Feds in his county, he has the constitutional power and right to keep them out or ask them to leave.

Accompanied with other legal interpretations Mattis stands on the definition of the word sovereign, which is defined by Webster’s as paramount, supreme. Having supreme rank or power. Independent: a sovereign State. Mattis said he grew weary of the Feds coming into his county and running rough-shod over county residents: i.e., illegally searching, seizing property, confiscating bank accounts, restricting the free use of private lands and other abuses, without a valid warrant and without first following due process of law as guaranteed by the Constitution to every citizen.

As long as Mattis remains sheriff he says he will continue to see to it that the citizens of his county get their day in court.

Mattis went on to say that, to his knowledge, even the IRS has not attempted to seize any citizen's real property, bank account or any other private-owned possessions since he ran the Feds out of his county.

Sheriff Mattis emphasized that he is not a radical man. He said he is only dedicated to protecting the constitutional rights of the citizens of his county. He added that ordinary citizens are not the only ones bound by and expected to obey laws. Elected officials and government employees at all levels of government are also bound by and should be expected to obey certain laws.

As long as Sheriff Mattis is the high-sheriff of Big Horn County, he seems determined to make sure private citizens and government officials alike act within the law and their designated powers.

Sheriff Mattis came across as a soft-spoken, polite man whose only interest is protecting the citizens he was elected to serve. That being the case, he might be the sheriff for as long as he wants to be.

Sheriff Mattis is hopeful that other sheriffs will assume the same stance.

bump

that has always been the case. But most of them have no balls.

this is really great news

this is really great news