The County Sheriff eBook

8/13/2019 The County Sheriff eBook

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THE COUNTY SHERIFF:AMERICA S LAST HOPE

BySHERIFF RICH RD M CK


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Also by Sheriff Richard Mack:

The Naked Spy

From My Cold Dead Fingers

The Proper Role of Law Enforcement

Vicki, Sam and America

To order copies of this book or any other by Sheriff Mackplease visit www.sheriffmack.comor write to

PO Box 971Pima, AZ 85543

First Edition

2009 Richard MackAll rights reserved. No reproduction of this booklet,

in whole or part, in any form whatsoever,is permitted without the express, prior,

written consent of the author.
http://www.sheriffmack.com/http://www.sheriffmack.com/


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INTRODUCTION

THE founders of America warned us that we would losemore freedoms from gradual encroachments by those inauthority than by sudden usurpations from any foreignenemy. This is certainly truer today than it has ever been.The Founders knew what they were talking about, yet manypay very little attention to the things they did or said. Itappears, we have lost our way. The battle in America now isfor our countrys soul - whether or not we will accept agrowing Marxist creed as our own, or will we save Americaas the last bastion of hope for freedom and liberty. Let us notbe deceived; the political whining for universal health care,gun control, forced equality through governmental

redistribution of wealth, and the removal of religious beliefsand expressions from our public institutions, all comedirectly from the Marxist platform.

America is at the threshold of what appears to be utterdespotism. People from every state and countryside arebegging to be left alone and treated as freemen. ThomasJefferson opined, "When all government shall be drawn to

Washington as the center of all power, it will renderpowerless the checks provided and will become as venal andoppressive as the government from which we separated."Well, President Jefferson was right and now what do we doabout it? Who will stop this "venal and oppressivegovernment" as Jefferson so firmly warned us?

RICHARDMACK TheCountySheriff:AmericasLastHope 1


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This book is written to and for every citizen, each policeofficer, every peace officer, and especially every sheriff in

America; that all of us come to the understanding that thesheriff indeed has the authority, the power, and the duty toend "venal and oppressive government." The conclusion isthus inescapable; the COUNTY SHERIFF is our nation'sLAST LINE OF DEFENSE, for the preservation and returnto, fundamental and individual liberty. Sheriff, you are thepeople's last hope. When you connect with this astoundingtruth, your people in your county or parish reconnect with

freedom. This principle is what makes the position of sheriffsuch a high and noble office.

2 RICHARDMACK TheCountySheriff:AmericasLastHope


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FOREWORD BYOFFICER FRED WILLOUGHBY (RET)

THROUGHOUT our nation's history we have seennumerous incidents of police misconduct and abuse. Themurders at Kent State University in May of 1970, themurders at Ruby Ridge, Idaho in August of 1992, the

murders at the Davidian compound at Waco, Texas in Aprilof 1993, and more recently, the confiscation of over 450children from FLDS families by Child Protective Services inTexas. Many such acts were caused or supported by thepolice or federal agents; officers who have sworn oaths toprotect and defend the U.S. Constitution. Officers whoshould know full well that we do not confiscate childrenwhen there is no probable cause or imminent danger. We do

not haul children in because a group of people has "unusual"religious beliefs. Especially when this entire police actionwas based on a bogus anonymous tip. A tip the police knewwas bogus. But the children went into state custody anyway.

All police get frustrated with going by the rules sooner orlater. But we cannot let such feelings get the best of us. Wemust answer to a higher standard and set the example that

this is still America and that the Peace Officers of this greatcountry canbe trusted.

In 1970, during the tumultuous anti-Vietnam war protests, Iwas hired by Sheriff Brad Leach of the Boulder CountySheriff's Office in Colorado to direct the county's campaignto restore order and keep the peace. I had spent nearly ten



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years working in the Watts district of Los Angeles for theLAPD and had become quite the hardened lawman. I had

had it with the Black Panthers and the street gangs! I wantedto just throw them all in jail. They were destroying thegreatest Republic on Earth. But I had to follow the rules, theConstitution meant something to me and I loved what itstood for. So, after two years of arduous police work inBoulder County, we won the battle, the offenders lost, andwe returned the streets to the people.

We could have acted like Texas and had our own roundup -just haul everybody in and sort him or her out later. But no,the law of the land our Constitution spells it out prettyclearly where rights exist - and we would not trample them. Iknew it protected me and my family as well as everyoneelse's, even criminals! After nearly 50 years of lawenforcement experience, I have learned that there is onething more important than making arrests and cleaning up

the streets; and that is for cops to keep their oaths to abide bythe Constitution. I revere this inspired document and theDeclaration of Independence and the men who framed them.

I know most officers in police work want to do whats right.But officials, who violate the rule of law and theConstitution, are, in a word, wrong and should never beconstrued as following proper police procedure. If we want astrong and good America then the police must be an integralpart in making it so. If we (law enforcement) do not upholdthe Constitution and the principles of our Founders, then weare no better than any other country that enslaves andimpoverishes its citizens for their own leaders' power andpersonal gain!



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THE LAWSUIT

IN 1977 I started my police career as a part-time"meter-maid" in Provo, Utah, while working my waythrough college at BYU. Upon graduation I applied to join

the FBI. My father had just retired from the Bureau a fewyears earlier and I wanted to follow in his footsteps. But, thisdream never happened as I had some problems with one ofthe Bureau's entrance tests. I was disappointed but havinggotten a taste of the Provo Police Dept., I decided to try tobecome a full-time cop there. It was a good department and Ireally liked the officers, oh, and the softball league. I washired in March of 1979 and immediately became a

by-the-numbers jerk. I suppose that I was still a decentperson, but the leadership at Provo PD wanted numbers andI was not about to disappoint them. To acquire moremanpower, more equipment and of course, more money -we had to show the City Council that we were busy. And wewere. We, as a police force, were all about road blocks(checking licenses, safety inspections, registrations, andanything else we could fish for). We had to write tickets and

lots of them. We needed arrests and felonies and DUIs anddruggies in jail and our efforts supported in the newspapers.I got caught up in all of this and loved it. We literallyjustified our existence - on the backs of the citizens.

In 1982 I was asked by my sergeant to consider goingundercover for a one year assignment in narcotics. I was



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given 24 hours to make this life changing decision and totalk it over with my wife. We had three young children at the

time. This assignment would mean much less time at homeand spending absolutely NO time with my family in public,including not going to church. I decided to do it, but it wassomething I so thoroughly hated that it defied description. Inever used drugs growing up and only tasted beer a coupleof times, and I hated that, too! Now I had to live in the bars,drink, smoke, and act like the biggest partying druggie thereever was (something totally foreign to my conservative

Mormon upbringing). But I did it and again, the importantthing about this was bringing in the numbers. So I workedhard and got the numbers my sergeant wanted and when Ifinished I was the happiest man on Earth. While shaving offmy beard I looked at the whiskers floating down the sink andthought to myself how happy I was to finally watch myprison doors opening to freedom and my chance to return tomy prior life and my family. This was the first time in my

life that I personally experienced what it felt like to be freeagain. Man I was happy! To celebrate I took the family toDisneyland.

This undercover assignment changed my life and it got mewondering about the drug war and law enforcement ingeneral. What was all this for? Why did so many peoplehave to go to jail because of marijuana, especially when itwas less harmful than alcohol? Is law enforcement reallyabout public service or public harassment? To find answersto some of these questions I started reading and studying. Ipaid particular attention to books about drug abuse andtreatment for addictions and juvenile delinquency. Afteryears of research I am now totally convinced that the "Drug



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War" is a farce. It provides no benefit to the public andactually makes the drug problem worse.

My studies ultimately lead me to the foundational principlesof the making of America. I studied my oath of office - youknow the one that every police officer swears to before hecan start his job? It is an allegiance to uphold the UnitedStates Constitution. Given that, I decided to study theConstitution. I thought it might be worthwhile to study thedocument I swore to defend and obey. So I did and it amazed

me. It was beautiful and easy to understand. Then I startedreading about the Founding Fathers and I came to know andlove them. It literally changed my life. These were men ofprinciple who dedicated their lives to the well-being andfreedom of their fellow men. I decided that I would never beon the wrong side of that document again. I was quick togain a complete disdain for abusive government and becamesickened with political correctness. I got fed up with the

numbers game in law enforcement and with the idea that we,the police, were here to force people to wear their seat belts,and to have their papers (driver's license, registration,insurance, and state inspection) in order before they couldfreely go about their lives. What I saw at the state capitol andin Washington DC made me even sicker. I looked at themillions of laws being shoved down our throats and I lookedat the U. S. Constitution and I saw very little resemblance.

In 1988 I decided to move home to Safford, Arizona and runfor Graham County Sheriff. I had never been a cop there andhadn't lived in Arizona for about 12 years. Now I would askthe people there to make me the top law enforcement officerof the county. And you know what, they did. This election



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was really quite miraculous. Looking back at it, I still can'tbelieve it.

I was re-elected in 1992 and in 1994 something really crazyhappened. The Brady Bill was passed by Congress andsigned in to law by President Clinton. This law literallyforced each sheriff to become a pawn for the FederalGovernment and to do their bidding to promote gun controlwithin our jurisdictions. Even more astounding was the factthat no funds were allocated for us to do this work and the

Brady act contained a provision to arrest us if we failed tocomply. Wow! So here's the U.S. Congress making anunconstitutional gun control law, requiring a county officialto enforce it and pay for it, and then threatening to arrest himif he refuses! What a government!

To make a long story short, I was the first sheriff in thenation to file a lawsuit to stop the Brady bill to end this

nonsense and abuse. I had no idea what a roller coaster ridethis would take me on. I received hundreds of calls from themedia all over the world and I got hate mail and threats andawards and honors all at the same time. As the caseproceeded, six other sheriffs from around the country joinedthe lawsuit: Sheriffs Koog from Texas, Frank fromVermont, Romero from Louisiana, McGee fromMississippi, Printz from Montana, and Anders fromWyoming. Sheriff Printz and I ended up at the U.S. SupremeCourt together on December 4, 1996. On June 27, 1997, theSupreme Court ruled that the Brady bill was in factunconstitutional and that the Federal Government could notcommandeer state or county officers for federal bidding.This was more than monumental! Federal agencies could no



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longer do whatever they damn well pleased. The rulingstated at least three times that the States were "not subject to

Federal direction." (Don't you wish your State was aware ofthis?) More importantly, the case proved that local officialshave the right, the power, and the duty to stand against thefar reaching incursions by our own Federal Government. Inthe ruling Justice Scalia wrote for the majority, stating, "TheFederal Government may not compel the states to enact orenforce a federal regulatory program." This means none,nada, zilch, and zero! They can't compel the states or the

counties or local officials to comply with their regulations.(Yes, the states can still go along voluntarily, and far toooften, that is exactly what happens.) But freedom won thatday on June 27, 1997, and it started the snowball rolling foreach sheriff in this country to stand tall and to protect his orher constituents from "all enemies both foreign anddomestic." This is the ultimate check and balance and it fallssquarely on the shoulders of the county sheriff. This booklet

will show how the sheriff and police are indeed the last lineof defense between the people and the criminals, both fromthe streets and from the Federal Government. If we are toget America back, if we are indeed to return to theconstitutional Republic we were meant to be, then it will beup to us, the sheriffs of America, and hopefully other localofficials, as well, who have the guts and dedication to tell thefeds that we will no longer tolerate their intervention,control, meddling, mandates, or criminal behavior. Thisbooklet will offer proof positive that you have the authority,the power, and the duty to be the ultimate check and balancefor the American citizenry in your county and to defendthem against all local andfederal criminals.



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THE MAKING OF AMERICA

WHEN the United States of America was founded theframers of our new government devised the Constitutionspecifically to LIMIT government in order to prevent arecurrence of the abuses from King George III. Exhaustiveand strenuous efforts went in to the development of a systemthat would guarantee that those serving in governmentwould not violate the rights of the citizens, particularly andespecially, by those serving at the federal level. This was thefirst time in history that the norms of governance would bechanged. Rulers always governed people. Now, in America,the rulers were to be governed by the people. The systemwas fraught with checks and balances so as to provide

protections to the people. The absolute and most vital of allassets to be protected was liberty. The entire process ofestablishing this country was to guarantee freedom, peace,and prosperity. The checks and balances were specificallyapplied to limit government, to keep it off the backs of thepeople, and to guarantee individual rights.

Now, 232 years later, we have a Federal Government that is

completely out of control and seemingly unaware of any ofthe limitations or checks and balances as set forth in theConstitution. We have a 9 trillion dollar debt, unsecuredborders, out of control spending, huge corporations fundingcampaigns of both major parties, and excessive taxation andinflation. A point to bear in mind here is that governmentcannot keep growing and have our freedom increase at the



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same time. It is a scientific certainty, albeit a political oneperhaps, that the bigger government becomes, the smaller

freedom shrinks, and at exactly the same pace. That isprecisely why the Founders devised our government withfew, discreet, and enumerated powers; to ensure that itwould never become exactly what it is today. We now havea government based on "we will do whatever it takes andspare no cost to take care of you, to feed you, to educate you,and basically, to protect you from your own stupidity -instead of a government based on principles of personal

choice, individual accountability, and self-determination.Corporations and bureaucracies run America today withcomplete complicity from our Congress. The end result is anation entirely opposite of the one designed by ourFounders. Through fabianistic debauchery, the elitists ofWashington DC, including those of both major parties, haveturned America into a socialistic democratic dictatorship.We are a police state and a welfare state all rolled into one

enormous gluttonous debt.

The EPA, FCC, OSHA, Dept. of Education, FBI, CIA,Homeland Security, INS, BATFE, HUD, BIA, SEC, theFederal Reserve, DEA, the Forest Service, BLM, and ofcourse, our own American version of the notorious WWIIGestapo, the IRS; all were never meant to be, based upon theenumerated powers granted under the Constitution. Nomatter how one tries to justify them with all the sweet sirensof benevolence; these agencies were never meant to be incharge or in control of our lives, our lands, our water, ourcrops, our guns, our air, or our children. Truly, we havefallen asleep at the wheel and it is time that "this nation,conceived in liberty, shall have a new birth of freedom."



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FORM OF GOVERNMENT

IT is really difficult to defend America when the vastmajority of its people do not even know what form ofgovernment we are supposed to have in the first place. Let usbe very clear here, the propaganda which has us believingthat we are a democracy is a lie!It is more than common to

hear our politicians and the media using the word"democracy" synonymously with the word "freedom," as ifthey were interchangeable. They are not the same and theydo not carry even similar meanings! You will not find the 'D'word in any of our foundational documents. You will notfind any references made by the Founders that they evermade any comments about their hopes of making Americathe next great democracy! There had already been numerousfailed democracies throughout history (Rome and Greece)and they had no intention of risking their lives just to startanother one here. The blood, sweat, and tears that went in tothe creation of our Declaration of Independence and thesubsequent Constitution, were all about a new experiment.An experiment of a unique form of government based on theidea that all men are created equal and would therefore be

left to govern themselves. Furthermore, the people wouldretain an inviolable sovereignty and power over thegovernment, which exists to serve them, not vice versa.

The bottom line; America was founded as a constitutionalRepublic, a representative form of government withextremely limited powers, confined within the parameters as



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expressly set forth by the supreme law of the land, theConstitution itself. In order for the Founders to perpetuate

the principles of the Constitution they secured a proviso inArt. VI paragraph 3, which states very clearly, "...allexecutive and judicial officers, both of the United States andof the several States, shall be bound by oath or affirmation tosupport this Constitution... Whether you like it or not, youhave given your word through a solemn oath, to uphold,defend, support, and obey the United States Constitution.And, just in case you are wondering, sheriffs are part of the

Executive branch of government. Along with the President,we are the executors of the law; and what is the supreme lawof the land? The United States Constitution! Therefore, whatis our supreme duty and responsibility? That's right! Toprotect and defend, the U S Constitution! There is nothingwe could do, that could come even close to justifying anypeace officer in this country failing to keep his oath ofoffice. Keeping that oath is what makes our constitutional

Republic unique and effective. The sheriffs job is anintegral part of the American dream. If you do your job withhonesty and fidelity, keeping your oath to your citizens, thedream is kept alive and America will survive!



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ERECTING BARRIERS

JAMES Madison, the fourth President of our new nation,and considered the leading authority and expert of ourConstitution said, "We can safely rely on the disposition ofthe state legislatures to erect barriers against theencroachments of the national authority." In other words, itwas anticipated by the Founders of our country that statelegislatures would "erect barriers" against the overzealousacts of an out of control Federal Government. I am morethan certain President Madison and his fellow framers wouldnot mind one iota, if other town and county officials did thesame. In fact, it appears that state legislatures could surelyuse the help and back-up. Furthermore, in our successful

action, Mack v U.S., the Supreme Court reiterates this pointquite clearly and makes Madison's assertion even morepowerful."The great innovation of this design was that ourcitizens would have two political capacities, one state andone federal, each protected by incursion by the other, alegal system unprecedented in form and design, establishingtwo forms of government, each with its own directrelationship, its own privity, its own set of rights and

obligations to the people who sustain it and are governed byit." Madison is then quoted by Scalia, "The local ormunicipal authorities form distinct and independent portionsof the supremacy, no more subject, within their respectivespheres, to the general authority than the general authority issubject to them, within its own sphere." The feds must staywithin their proper "sphere" and it's our job to make sure that



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they do just that. A point to emphasize once again is theoriginal intention by our Founders to maintain the federal

"sphere" as small and impotent.

Justice Scalia emphasizes this point, "This separation of thetwo spheres is one of the Constitution's structuralprotections of liberty, a healthy balance of power betweenthe States and the Federal Government will reduce the riskof tyranny and abuse from either front." Madison's wisdomis thus employed once again, "Hence a double security arises

to the rights of the people. The different governments willcontrol each other, at the same time that each will becontrolled by itself." So who is charged with safeguardingthe people from the Federal Government when it refuses tocontrol itself? (Please write the answer in the spaceprovided)________________________________________

Does it get any clearer than this? One of our "structuralprotections of liberty"is based on the notion and principlethat "different governments" will keep each other in checkand by so doing; provide a "double security" to the rights ofthe people. In this most monumental Tenth AmendmentSupreme Court ruling, Justice Scalia stated, "The power ofthe Federal Government would be augmented immeasurablyif it were able to impress into its service--and at no cost to

itself--the police officers of the 50 States." Scalia seeminglymakes it clear that the federal government DOES NOT havethe power or authority to "impress" the police from the statesinto federal regulatory programs. On the other hand, thepower of the Federal Government would be "augmentedimmeasurably" if the police from the 50 states went along



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with or allowed the federal government to do whatever itwanted. We do not have a lawful obligation to go along with

them; in fact, documentation would show quite the contrary.

Finally, and most unambiguously, the Supreme Court ruledrepeatedly in this case "state legislatures are not subject tofederal direction." So when the Federal Government goestoo far, we should not only refuse to go along, but it is up tous to "erect barriers" against such encroachments and thusbe found on the side of the people to provide them with the

protection they depend on. Doing so is right and proper andin accordance with our oath to support this ConstitutionalRepublic. How could we do otherwise? And if we dootherwise; what does that make us?



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REDCOATS

IT'S easy for any American to recall the beginning of theRevolutionary War where Paul Revere awaited the signalfrom the old North Church to see if the Redcoats (BritishSoldiers) were coming by land or by sea. Revere waited forthe sign, two lanterns if they came by sea and only onelantern if they came by land. Then it came; two lanterns.Paul Revere jumped on his steed and headed off to warn hisfellow countrymen, that the "Redcoats are coming theRedcoats are coming!" Who did Paul Revere call to arms?None other than the citizen volunteers, the militia, who kepttheir "assault rifles" in their closets just in case they wereever needed in defense of liberty. This is the very reason the

Founders established the Second Amendment, so that thepeople or the "militia," would always possess arms indefense of this nation against tyrannical government!Thereby ensuring that the people, not government, wouldmaintain the power to have the last word in running theaffairs of their country.

The Redcoats, in many instances, were trained to be quite

ruthless and cruel in their attempts to quell the Colonists'insurrections. They were inculcated to follow orders and toobey without question the instructions of their superiors. If aRedcoat saw an American doing something he did not likehe made sure a new law was promulgated forbidding suchbehavior and then arrested the Colonist for it after the fact.This practice prompted the Founders to ban within the



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Constitution, "Ex Poste Facto" laws. The cruelty andruthlessness of the Redcoats gave birth to the Eighth

Amendment, which reads, "Excessive bail shall not berequired, nor excessive fines imposed, nor cruel and unusualpunishments inflicted." In other words, the Constitution andthe Bill of Rights were formed as a direct result of theoppression and tyranny from the British Crown. That's whyfollowing the Constitution will prevent a recurrence ofcruelty and tyranny from an out of control governmenttoday.



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constitutional Republic, the rights of the individual arerequired to be protected. And I am bound by oath to do justthat.

Why are there dozens of police brutality and misconductincidents caught on tape and exposed on national newsnetworks every year? Why are there cases after cases ofinmates being released now after DNA evidence proves thatthese inmates could not have committed the crimes theywent to prison for? Why are these crimes being covered up?

These are unimaginable atrocities! Government officialssending innocent American citizens to prison; some on deathrow and sentenced for life, and nothing happens to theofficials who commit these crimes. Why? Because policeand prosecutors are trained to bring in numbers, so by damnthey bring in numbers! Are any of these "public servants"trained or focused on simply finding the truth? Are theydedicated to proving the accused's innocence? NO! They

want convictions and that is their goal. It has nothing to dowith fairness or truth. It is a corrupt system based on "win -loss" records. Principles of freedom and equality arebypassed in order to concentrate on the money-generatingnumbers and plea-bargains. If innocent citizens get nailed inthe process, then it is at best, considered collateral damage.

What excuse could any sheriff offer to any of his

constituents for not helping them or protecting them fromabuse or crimes of the IRS or perhaps some other federalagency? Let's make no mistake here; the sheriff can help andstop federal criminality. For the sheriff to tell hisconstituents that they should just get a lawyer and fight backthe best they can is throwing his people to the dogs and is



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malfeasance to the tenth power. Most people can't affordsuch a lawyer, especially for as long as it takes to fight theFederal Government. The people lose either way and aredenied justice that is rightfully theirs. Why should they notdepend on their "protector" to protect them?

Today when someone yells, "The Redcoats are coming!"Where will you be and whose side will you be on?

"If ye love wealth better than liberty, the tranquility of

servitude better than the animating contest of freedom, gohome from us in peace. We ask not your counsel or your

arms. Crouch down and lick the hands which feed you. May

your chains set lightly upon you, and may posterity forget

that ye were our countrymen." - Samuel Adams



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THE HIGH SHERIFF

WHO is the sheriff and how is it that he is indeed thesupreme law enforcement officer in the county? Thehistorical review of the office of the sheriff dates back overone thousand years. During that millennium, the basic roleof the sheriff has not changed; he was then and is nowcharged with the maintenance of law and order and thepreservation of "domestic tranquility."

In the early stages of the 11th Century the King of Englandwould appoint a representative called a "reeve" to keep thepeace in the "shire" or the county. The shire reeve or thesheriff, as it evolved to through time, has always been thechief law enforcement officer in the county. As stated, the

King originally appointed him, now the people appoint him.In fact, this is the most important aspect of the sheriff'sauthority; he is elected by, for, and of the people. He is notappointed, he is not a bureaucrat, he does not report to thetown manager or to the city council. He reports directly tothe people and is answerable to them and them alone. For thesheriff to allow anyone or anything to violate the rights ofhis boss would be dereliction of the highest order.

Will you, as the "shire reeve" stand against the mostegregious violators of the peace in your county? Will youstand against tyranny? Who is responsible to do so if youwon't do it? Should we expect the tyrants to somehowmiraculously see the error of their ways and stop the



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problems they have caused? No my good friends, historyand common sense have taught us that such is not going tooccur. Conversely, could you imagine the honorableposition of "shire reeve," in reality going along with tyrannyand the Chief Law Enforcement officer of the countyallowing tyrants full reign within his jurisdiction?

Whose job is it to stop tyranny? The tyrants?



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POLITICAL CORRECTNESS

THE regrettable catastrophe that we are all now a part of isthe fact that our American Republic has been replaced by acorrupt system of political correctness. The founders ofAmerica warned us repeatedly, in their writing and theirintent, to avoid gun control, a welfare state, a police state,entangling foreign alliances, a grandiose and omnipotentcentral government, enslaving taxation, paper money notbacked by a gold and silver standard, and the list goes on andon. A limited central government was the goal, as theframers of our new country knew that freedom couldnt existwith an all-powerful over-reaching government. Again, it isa mathematical certainty that the bigger the government, the

smaller the freedom. You cannot have huge government andabundant freedom simultaneously.

But the political platforms of both major parties havepromoted each and every one of these socialistic orcommunistic ideals, that our country was specificallyestablished to prevent. Does anyone think for a moment thatwe can abandon America's foundation and turn our backs on

the admonitions of our Founding Fathers without severe andcatastrophic consequences?

Do we remember the mottos of John F. Kennedy and RonaldReagan? They are now so far removed from reality that theseideals appear almost comical. JFK said, "Ask not what yourcountry can do for you, but ask what you can do for your



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country." And Reagan with similar intent warned,"Government is NOT the solution to the problem,government IS the problem." Both statements are nowpragmatic opposites in the world of democratic andrepublican politics and prove that both parties have nointention of following any semblance of propriety as hopedfor by these previous iconic leaders. Democrats never sawan entitlement that they did not love and Republicans neverpass a chance to increase the size and scope of government.Of course Democrats are fond of that, too, but Republicans

say they are against it. (It gets rather confusing.)

So what do we do to get our country and our Constitutionback? How do we protect and defend America? Well, westart right here. It's not going to happen in WashingtonDC! If any of you believe that putting another Democrat orRepublican in as president, is going to accomplish anythingrelative to freedom then I've got beachfront property for you

in Omaha! We must start at home, in our own counties, inour own "spheres." We must erect the barriers and keepthose at bay who would confiscate bank accounts, guns,land, property, and children. Sheriff, you are the people'ssworn protector. You cannot shrink from that duty merelybecause the violator comes in to town with a three-piece suitand a fancy attach case.



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THE REAL CRIMINALS

IN 1998, after several IRS employees blew the whistle,Congress decided that they had better put on another dog andpony show to calm the political heat they were taking overthe numerous articles being written and public outcryregarding IRS crimes and abuses. During the hearings

Jennifer Long, along with several other IRS employees,testified under oath that the IRS routinely fabricatedevidence against American citizens who they knew were notfinancially capable of defending themselves from therelentless and ruthless IRS. One IRS agent testified, "If theAmerican people knew all that was going on inside the IRS,there would be a revolt tomorrow." Another IRS employeetestified silhouetted behind a lighted screen and his voicemuffled in order to keep his identity hidden from allconcerned. He was so afraid of severe retaliation from hisown employer and our own government, that the only wayhe would testify is if he remained entirely anonymous.Protecting a witness in such a manner in front of Congresshas only happened one other time in history. It was when aformer member of the Cossa Nostra mafia exposed his

fellow thugs. Hmmm. (Any similarities I may have drawnhere between the IRS and the mafia would be purelycoincidental.) It was revealed however, that many of the IRSvictims had been ruined for life, some went to prison, otherslost everything they had ever owned, and others soughtrefuge by moving abroad, or even worse, by committingsuicide. Yet, the U S Congress did nothing to protect its own



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people from future IRS crimes. Their reaction after all theseviolations of the law and public trust were exposed, was toorder IRS employees to be more "user friendly" and to openoffices on Saturdays. That's not a joke! (Well, on secondthought, maybe it is.)

In 1994 I was invited to an NRA meeting in Washington. Itwas an honor to be there. The NRA had given me severalnational awards and supported my lawsuit against the Bradybill 100 per cent. At this particular meeting several U S

Senators and Congressmen were in attendance, includingSenator Trent Lott, with whom I sat as we had lunchtogether. During our conversation I leaned over to SenatorLott and asked him when they were going to do anythingabout the "Gestapo of America." He said, "You're speakingof the IRS, aren't you?" I assured him that he was correct. "Itwill never happen. They intimidate us as much as everyoneelse," the Senator responded in a serious tone. It was funny

though; he knew exactly whom I was referring to when Isaid the "Gestapo of America." Maybe someone should tellMr. Lott that he's one of a few dozen "public servants" whoare in charge of overseeing the IRS. The tail not only wagsthe dog, but it scares him to death, as well.

Furthermore, the truth of the matter is that the IRS shouldnever have been in existence in the first place. There should

be no tax on incomes and the 16th amendment, whichsupposedly authorized Congress to do so, was never ratifiedby the States. Even more astonishing are the enforcementmethods utilized by the IRS. They conduct random audits ofcitizens and fill prisons to the rim with victims of suchaudits. No other police agency in this country is allowed to



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conduct such audits. If this were an appropriate policeprocedure then all cops could just look around theircommunities and "audit" citizens for possibly dealing drugs,or abusing their children, or stealing from the localsupermarket. This sort of police abuse is specificallyforbidden in our Bill of Rights, but the IRS makes a livingdoing it. Why? Why would any sheriff trust the IRS or allowthem inside his county?

Regardless, it should be more than obvious to one and all

that we can no longer depend on the Federal Government toprovide protection and security for the well being of itspeople. The IRS has a horrible reputation and has earnedevery bit of it, has by their own admission committed crimesagainst innocent citizens, and continues today to be the"Gestapo" of America. They confiscate more homes, destroymore families, take more money, ruin more lives, andcommit more crimes than all the street gangs combined.

They are indeed vivid proof that the greatest threat we face,as a nation, is our own Federal Government. The $66,000question here is: Who will stand in the way? Who willprotect the average everyday American from the abuse ofthe IRS or any other alphabet soup bureaucracy inWashington DC?



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WILL YOU STAND AGAINST TYRANNY?

PERHAPS before we go any further, we should be certainwhat the definition of tyranny is. The dictionary definestyranny as the following: Dominance through threat ofpunishment and violence, oppressive rule, abusivegovernment, cruelty and injustice. This certainly fits what's

going on in America today. The Declaration ofIndependence makes mention of tyranny and the long chainof abuses from King George III. We are presently sufferingfrom the same abuses, except taxes and inflation are muchworse now than they were back then. The key pointexpressed within the Declaration of Independence is the partthat instructs us, we the people, what we are to do withtyrannical government: "That whenever any form ofgovernment becomes destructive of these ends, it is the rightof the people to alter or to abolish it, and to institute newgovernment... But when a long train of abuses andusurpations, pursuing invariably the same object evinces adesign to reduce them under absolute despotism, it is theirright, it is their duty, to throw of such government, and toprovide new guards for their future security." (Despotism is

synonymous with tyranny.) However, no matter what wecall it or how we label the government we have incontemporary America, it is just as plain and simple as it canbe; we are way off course and the Constitution is no longerthe compass that guides our country.



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So what do we do? Hire a lawyer and sue to have all thisturned around? Write a letter to our congressman? Send apetition to the White House? These measures and hundredsof others have all been deployed and have fallen on deaf earsand blind eyes. There is still hope to keep this revolution apeaceful one. There is a man who can stop the abuse, end thetyranny, and restore the Constitution, once again, as thesupreme law of the land. Yes, it is you SHERIFF!You cando it. You have the power, the authority, and theresponsibility. You are the supreme keeper of the peace, you

are the peoples protector, you are the last line in the sand.It's already happening in some places.



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WYOMING SHERIFFS WALKING TALL

THERE are already several examples of sheriffs and localgovernments standing against federal intrusiveness. Thesheriff of Nye County, Nevada, in 1997 informed federalagents who came in to confiscate cattle from a local rancher,Wayne Hague, that if they tried to take the cows that he

would arrest them. The cattle stayed right where they were.Then the sheriffs of Wyoming made a policy that ALLfederal agents would have to check with them before theycould make arrests, serve papers, or confiscate propertywithin their respective jurisdictions of Wyoming. Thisshould be the law throughout the land and is a tremendouscheck and balance for all involved. What's more, it isworking and the feds are surviving just fine. Better yet, thecitizens of Wyoming are surviving and getting along justfine, also.

This entire policy came about pursuant to a lawsuit filed by afamily who lived in Big Horn County, Wyomingapproximately 12 years ago. It seems that some agents fromthe Immigration and Naturalization Service (INS) came in to

arrest the Castaneda family for being illegal aliens. The fedsasked for assistance from the local sheriff's office. They allwent together and raided the Castaneda home at midnight.There was only one little problem; the Castanedas were allAmerican citizens. The INS had screwed up big time and gotthe Big Horn County Sheriff's Office all wrapped up in theirblunder. Well, the Castaneda family sued and pretty much



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got to place their order for the size of the checks they wantedin return for the treatment they had received. To theireverlasting credit, the Castanedas demanded, as part of their

court settlement, that Big Horn County Sheriff, Dave Mattis,devise a plan that would prevent such lawlessness from everoccurring again in his county. You guessed it, his plan wasto have all federal agents required to go through him beforethey could do anything in Big Horn County ever again.Sheriff Mattis proved that this type of "check and balance"works and more importantly, that doing so hurts no one!

For federal officers to come in to the county and take over inany respect is the epitome of usurpation and he who is therightful steward of the county, needn't tolerate suchusurpations whatsoever.



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THE OATH OF OFFICE

BEFORE anyone can start his or her job as a peace officeranywhere in the United States, they must first swear an oathto protect and defend the U S Constitution. The question, ofthe utmost importance is; how do we as officers keep thatoath and to whom do we owe its fulfillment? Okay officer,you have now been on the job for five years. You have made

the arrests, written the tickets, patrolled the streets, been tothe family fights, investigated traffic accidents, even pulleda person out of a burning building; you've done it all. Duringyour time as a cop; how did you keep your oath of office?Or, even now; how do you keep your oath to uphold anddefend the United States Constitution? Most officers willrespond with, "I do exactly what my sergeant (or lieutenant,or chief, or sheriff, etc.) tells me to do." (In other words, the

Nuremburg defense of "just following orders"). Some policewill say they do exactly what they are told to do by the statelegislatures, or whatever the Supreme Court rulingsmandate. By so doing, we as law enforcement, in our role aspart of the Executive branch of government, give our serviceand dedication blindly to the other two branches ofgovernment! We then rationalize that we have no moralobligation to keep our oaths to the people and becomepuppets for judges and legislatures. The integrity of ouroaths should never be contingent upon the hope that thelegislatures and judges will be proper and lawful andconstitutionally correct. There are no Kings in America andwe certainly do not have a responsibility to follow anyself-appointed ones.



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"To throw off such government" if the people of this countryfinally come to the point of resorting to their right as

expressed in the Declaration of Independence, to rid thenation of tyrannical and corrupt government, then when or ifthat happens, whose side will the sheriffs be on?

Finally and most conclusively, the High Sheriff of thiscountry needn't ask anyone else, not the Supreme Court, notthe barber down on Main Street, nor even the FederalGovernment, how or if he keeps his oath of office. "ToProtect and Serve" is already a foregone conclusion and aparamount obligation. You do your job and your duty; youkeep your word to your constituents and defend them fromall injustice, even if it's from legislators, judges, or federalagents. Or if we so choose, we can continue to go along withthe smooth hypocrisies of DC bureaucrats and turn ourbacks on our citizens.

In retrospect, and looking at the entire ordeal regarding thecase I ultimately won at the U S Supreme Court, I wish I hadnever filed it. The most effective and inexpensive measurethat should have been taken was for all the sheriffs ofArizona to simply send the Brady bill back to Congress witha CC to the White House and with a strongly wordedexplanation as to why the Brady bill or 20 more just like it,

would have no place in Arizona. The federal government,the White House, or Congress do not hire us, they cannot fireus, and they cannot tell us what to do. Therefore, theirlegislation aimed at the sheriffs or any other officer of thecounties in this nation, are entirely meaningless and have noway of being enforced unless wesay so. If we refuse to go



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along would the feds disown us? Cut us out of all theentitlements? The only thing they could possibly do is throwtheir popsicle in the dirt and run home!

"But the Constitution protects us from our own bestintentions." This is probably the most powerful quote frommy lawsuit and the subsequent decision from the highestcourt in the land. It means succinctly, that good intentionscannot take the place of constitutional guarantees andprotections. Not even if it's "for the children" or to "save thewhale" or even the Desert Tortoise. The Constitution comesfirst! Therefore, we as sheriffs, if forced to choose betweenkeeping our oaths and allegiance to freedom and justice, orfollowing orders from vapid politicians and misguidedjudges, the choice is clear, we side with "We the People."America and freedom come first. Liberty is thus protectedand preserved by the very servants who promised to do justthat.

The police pragmatic oath of office would be: I officer"Buck Savage" do solemnly swear and promise, that I willwrite as many tickets, kick in doors, stop drug dealing, fightgang bangers, make arrests, and follow all directives frommy superiors in the faithful application of my job as a lawenforcement officer of this state. I further swear that I willbeat people into compliance if need be and make sure all

subjects are wearing their seatbelts and have their permitsand papers in order before they are allowed to travel.Numbers and meeting departmental quotas will be my toppriority.



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The true intent however, of the oath of office, was to createat each level of government, (Judicial, Executive, andLegislative) constitutional guards, who then keep each other

in check as each does its job to protect rights, life, andproperty of all Americans. We thereby, do not becomepolice officers, but rather peace officers and servants in thenever-ending battle to "secure the blessings of liberty, toourselves and our posterity." (Preamble)

Therefore, when we promise through solemn oath to adhereto the principles of liberty as prescribed within theConstitution, we have given our word to protect the right ofthe people "peaceably to assemble," (First Amendment) buttoday's police only allow this if "the people" first obtain apermit. We also require them to obtain a permit to exercisetheir "right to keep and bear arms" and some states requirethat the firearm be registered with the government before thecitizen may take possession of such property. "Probable

cause" is required by the Fourth Amendment and "dueprocess of law" is set forth in the Fifth Amendment. TheFifth Amendment also guarantees the protection of "privateproperty" or land and the "pursuit of happiness," or the rightto own and control your own property, as proposed in theDeclaration of Independence. These ideals are all so basicand fundamental to our nation's established tenets of liberty.Their destruction is happening right here under our noses

and under the stewardships of those who promised to upholdthem. "Probable cause" and "due process of law" are notsecured or adhered to simply by following statutorylegalities of legislatures. It takes much more effort thansimply "following orders."



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The first ten amendments to the Constitution are betterknown as The Bill of Rights. The Bill of Rights was added tothe Constitution by some of the framers of the Constitution,

because they desired to make very clear to future Americangenerations that these specific rights were to be untouchableand absolutely inviolable. Now governments have assumedregulatory authority over these "inalienable" rights and thoseresponsible for their safekeeping bow to the regulatorybureaucracies. Nothing supercedes the Bill of Rights, it issupreme and its violation would be treason. Furthermore, noone supercedes the sheriff; he is the law of the county.



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KNOW YOUR RIGHTS

POLICE from around the country are going as far as thecourts will let them, and sometimes even further. We haveall heard the saying, "If you don't know your rights, then youdon't have them." Jefferson's warning is similar when hesaid, "If a people expect to be ignorant and free, they expect

what never was and what will never be." Some policedepartments are actually forcing arrestees to give up theirblood for alcohol analysis. Yes forcing; they have severalcops hold the suspect down while another puts a needle inhis arm to extract the detainee's blood. Such police behavioris wrong and immoral. Gathering evidence at all costs andget all we can on the suspect regardless of how intrusive orwrong our conduct might be!? Are we not sufficientlysensitive or intelligent to recognize when things have gonetoo far? Can we not see that we are sliding down to the typeof government that we entirely rejected just a couple ofdecades ago? When will a local official stand up for thepeople and demand that citizens no longer must pay for themistakes of government employees? You might know this isa violation of your rights, but it won't do you much good

until your public servants know and understand this, as well.

I would expect to see these sorts of police tactics incommunist dictatorships or banana republics, but not here inAmerica. We get road blocks and raids and dogs sniffingeverywhere, beatings and tasers and stun guns and casesafter cases of police brutality. Why? Because our nation's



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police are trained that way. It's them against us, we are hereto enforce the law, and if we have to, force behavior! What ifall police academies trained officers in the importance of the

oath and the fundamentals of American idealism? What ifcadets were actually taught the Constitution and thatadhering to it is more important than writing tickets?

When I was a detective in Utah, I investigated a statutoryrape case. It turned out that a 13 year-old girl had a19-year-old boyfriend. The girl's mother reported theboyfriend to the police after she learned the two had spentthe night together. I interviewed both the suspect and thevictim. Both denied any sexual relationship whatsoever. Sowe decided that the 13 year-old girl should have a physicalexamination by a doctor to see if we could detect any signsthat she had indeed had sex. We wanted the test immediatelyin order to determine if the sexual relations had been recent.The girl refused any such tests. Her mother said otherwise. I

got a court order requiring the girl to submit to the sexualexamination. This is where I learned an invaluable lesson!The nurse at the hospital, who worked for the doctor whowas to perform the tests, refused to have anything to do withit. "I am sorry, but I will have nothing to do with forcing ayoung girl or anyone else, to submit to a sexual examinationand invade her most private body areas against her will," thenurse exclaimed firmly. The nurse and I had a sincere

exchange about the morality of doing these tests to this girland she convinced me that she was right. And guess what;she was! Forcing witnesses, victims, or suspects to giveevidence from their bodies is not a proper role for the police.It is not ours to take. These people are American citizens andthey have rights, and control over their person is certainly



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one of them. Yes, the boyfriend walked, but in America, theend does not justify the means.

I took the warrant back to the court and explained what hadhappened. The judge actually agreed with the nurse also, andwe both changed our attitudes all because a nurse had thecourage to stand for what's right. She did and so can we, andso can our Police servants.



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FOLLOW THE MONEY

ABOUT eight years ago I was headed to a conference in LasVegas with my son when I noticed a state trooper tailgatingme in a dangerous manner. (He was far too close to my carfor the speed we were doing on the freeway.) He pulled meover and said I was speeding. I informed him that I was

merely going along with traffic during rush hour. He did notlike that comment and he did everything he could to start afight. He even told me he could "take me in the hard way" ifI didn't watch my attitude. I told him I was a retired cop andthat he was way out of line. At that point he just glared at me.He finally handed me the ticket and said, "Have a safe day!"

I decided to take the ticket to court and challenge the actionsof this "peace officer." I drove all the way back to Las Vegasthree weeks later to set a date for trial. I was amazed when Iwalked in to the court clerk's office. It was a huge buildingwith about 20 tellers all very busy. There were lines ofpeople everywhere and more waiting outside. Inside was abig red neon light showing the number that was now beingserved. I saw the location to take my number and hurriedly

did so. I did not want to wait any longer than I had to. About40 minutes later my number was called. I handed my ticketinformation to the teller and she said, "That'll be $140." Itold her that I was not here to pay, but to set a trial date. Shethen told me as if she was reading something for thehundredth time that day, "If you will waive your right to atrial the cost of the ticket will only be $70." I was so amazed



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Police bring in numbers and Chiefs use these statistics to getmore cop toys; assault rifles, computers, stun guns, tasers,

patrol cars, SWAT vans, and more manpower, and ofcourse, higher wages for these overworked officers! Look atall the millions of tickets the police write each year. Radartickets alone bring in over six billion dollars annually. Thisbusiness of "Taxation through Citation" has become solegion that companies have now begun to help police profitssoar to new heights with Photo Radar and Photo Red Lightmachines. The implementation of these machines was

weighed heavily by legislatures all across this country withone primary discussion; "how much money will thesemachines bring in?" The State of Arizona just extended itsuse of such machines to help with its foundering budget.Where does all this money come from to begin with? That'sright - from the pockets of poor citizens who are alreadyforced to pay for all the other corrupt taxes and debtsincurred by our politicians. When is someone going to standfor the "little guy?" Far too often legislators attempt toovercome their own fiscal ineptness by raising the price offines and demanding that the police issue more tickets andmake more arrests. Police Departments are used as revenueagents instead of true servants and guards. As long as themoney keeps rolling in most public officials turn a blind eye.



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LEGAL ADVISOR

AS previously stated, the County Sheriff has no supervisoror boss, except for the people. He does from time to timereceive "legal advice" from the County Attorney. However,there is nothing that requires the sheriff to follow suchadvice and, for the most part, it is not legally binding. It

would be most interesting to hear the counsel from ournation's County Attorneys as to how they believe the sheriffsand deputies and police should keep their oaths to abide bythe Constitution. It would be even more amusing to hear theopinions of our "legal advisors" relative to the sheriff'sauthority in dealing with rogue federal officers, or any kindof federal officer for that matter. It would be nice and helpfulto have the County Attorney on the side of freedom, but it is

not necessarily essential. It is hoped that he would keep hisoath of office, also. However, most lawyers have beentrained erroneously, that the "supremacy clause" of theConstitution grants ultimate power and authority to thefederal government. Regardless, this simply is not true. Thesupremacy clause reads: "This Constitution, and the laws ofthe United States which shall be made in pursuance thereof;and all treaties made, or shall be made, under the authority ofthe United States, shall be the supreme law of the land..." Sowhat is SUPREME?The Constitutionis the supreme law ofthe land and only laws and treaties made pursuant to theConstitution fall within the scope of the supremacy. Thus,the bureaucratic nightmare of DC corruption, which clearlystands outside constitutional boundaries, would and could



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THE FOUNDERS FINAL WORD

AT the end of the Declaration of Independence, theFounding Fathers made each other a pledge for all to see andwitness for generations to come. It reads: "And for thesupport of this Declaration, with a firm reliance on theprotection of Divine Providence, we mutually pledge to each

other our lives, our fortunes, and our sacred honor." Thesebrave and dedicated men just put their lives on the line forAmerican Liberty. They were marked as traitors by theBritish government and would have suffered horrible deathsif caught by the Redcoats. In fact, some of them were. Whatif we were to make the same pledge today? This pledge theFounders took was not to fellow officers or to anotherbranch of government or to their buddies they drank tea

with, they made it to each other, but it wasforthe PEOPLE!Similarly, we do not make our oaths of office to oursergeants or chiefs or mayors or even our governors; wemake it to the people and we owe it to the people to keep ourword and keep them protected. We force people to wearseatbelts, but we do not keep our oaths? Who then is guiltyof the greater crime?

I know this all sounds radical. Standing for freedom and trueprinciples has always been a radical thing to do. TheFounding Fathers were all radicals who believed in guns andGod. We don't have to do anything "radical" and can stayinside the "mainstream" where it's politically safe, but notmuch happens in the "mainstream." Everything is status quo



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and you find there what you had yesterday; the perpetualcesspool cycle of corrupt politics. Yet, ask yourself onequestion. What would it really hurt if we actually tried this?

What damage would it cause if all sheriffs and policeliterally followed the Constitution and refused to haveanything to do with its violation? I only see one result; ournation's police and sheriffs become true servants, peaceofficers and protectors and the people get their freedomback. Is this not what we all want in the first place? To havethe sheriffs of this great country stand as the last line in thesand is indeed, the people's last true hope; the hope that

somewhere, someone inside the system of government willactually be on the side of freedom.

For the tyrant to win; for the tyrant to be successful; for thedespot to have his way, the only thing that has to happen isfor the nation's police and sheriffs to be convinced that alllaws must be enforced. Freedom is thereby destroyed andAmerica dies when our sheriffs go along with tyranny.

Apathy:The world is a dangerous place to live, not because of the

people who are evil, but because of the people who don't

do anything about it.Albert Einstein

Well sheriff, the lights in the old North Church are shiningbright with the warning of impending Redcoat invasions.Nobody ever said your job would be an easy one. But it onlytakes two people to restore this Constitutional Republic,YOU AND ME. We can be fair, honest, protectors, servants,


d k f th t tit ti l d W


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and keepers of our oaths as true constitutional guards. Wewill allow NO ONE within our jurisdictions to violate theprinciples of liberty that our country was founded upon. We

will protect, defend, and obey the United StatesConstitution, "and mutually pledge our lives, our fortunes,and our sacred honor to this holy cause, so help us God!"

Freedom is the sure possession of those alone

who have the courage to defend it.


R f


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References:

Mack/Printz v US: Decision of the United States Supreme

Court

The Declaration of Independence

The United States Constitution

The Gettysburg Address

The County Sheriff eBook

Documents

Transcript of The County Sheriff eBook