“America will never be destroyed from the outside.
If we falter and lose our freedoms, it will be because we destroyed ourselves.” – Abraham Lincoln
The county sheriff is the last line of defense when it comes to upholding and defending the Constitution. The sheriff’s duties and obligations go far beyond arresting criminals and operating jails. The Sheriff also has an obligation to protect the Constitutional rights of the citizens in our counties. This includes the right to free speech, the right to assemble and the right to bear arms.
Today Liberty and our very way of life are under attack. Because We the People are ignorant of the true Law of the Land and our history, we have lost our way! It’s not until we start to read about what we have inherited from our founding fathers that we start to realize how far we have drifted from the blessings of Liberty. But, there is hope. There is a grassroots movement across America reinstating the elected “Committeeman” to restore our American way of life. And, if we can reach our 3100+/- American County Sheriffs and convince them to work with the People to restore our Constitution, we can save America from self-destruction. ‘Sherriff, Remember your oath!’
Sheriffs took an oath to uphold and defend the Constitution, from enemies both foreign AND domestic. In the history of our world, it is government tyranny that has violated the freedoms granted to us by our Creator more than any other. And, it is the duty of the sheriff to protect their counties from those that would take away our freedoms, both foreign AND domestic – whether it is a terrorist from Yemen or a bureaucrat from Washington, DC.
While most people in America recognize the sheriff as the chief law enforcement officer (CLEO) for the county, they would be surprised to know that the office of sheriff has a proud history that spans well over a thousand years, from the early Middle Ages to our own “high-tech” era.
THE BEGINNING, THE MIDDLE AGES – More than 1,300 years ago in England, small groups of Anglo-Saxons lived in rural communities similar to modern day towns. Often at war, they decided to better organize themselves for defense. Sometime before the year 700, they formed a system of local self-government based on groups of ten. Each of the towns divided into groups of ten families, called tithing. Each tithing elected a leader called a tithing man. The next level of government was a group of ten tithing’s (or 100 families), and this group elected its own chief. The Anglo-Saxon word for chief was gerefa, later shortened to reeve. During the next two centuries, groups of hundreds banded together to form a new, higher unit of government called the shire. The shire was the forerunner of the modern county. Each shire had a chief (reeve) as well, and the more powerful official became known as a shire-reeve. The word shire-reeve became the modern English word sheriff – the chief of the county. The sheriff maintained law and order within his own county with the assistance of the citizens. When the sheriff sounded the ‘hue and cry’ that a criminal was at-large, anyone who heard the alarm was responsible for bringing the criminal to justice. This principle of citizen participation survives today in the procedure known as posse comitatus.
THE OFFICE GROWS – English government eventually became more centralized under the power of a single ruler, the king. The king distributed huge tracts of land to noblemen, who governed the land under the king’s authority. The office of sheriff was no longer elected but appointed by the noblemen for the counties they controlled. In those areas not consigned to noblemen, the king appointed his own sheriffs. After the Battle of Hastings in 1066, England’s rule fell to the Normans (France) who seized and centralized all power under the Norman king and his appointees. The sheriff became the agent of the king, and among his new duties was tax collection. This dictatorial rule by a series of powerful kings became intolerable, and in 1215, an army of rebellious noblemen forced the despotic King John to sign the Magna Carta. This important document restored a number of rights to the noblemen and guaranteed certain basic freedoms. The text of the Magna Carta mentioned the important role of the sheriff nine times.
THE SHERIFF CROSSES THE ATLANTIC – The first American counties were established in Virginia, and records show that the first American Sheriff was a Virginia Sheriff, beginning a continuing tradition when the Virginia House of Burgesses appointed the first eight Sheriffs in the first eight Counties of the New World in 1634, one of these counties elected a sheriff in 1651. Most other colonial sheriffs were appointed. Just as the noblemen in medieval England, large American landowners appointed sheriffs to enforce the law in the areas they controlled and to protect their lands. American sheriffs were not expected to pay extraordinary expenses, however, and some actually made money from the job. Throughout the eighteenth and nineteenth centuries, colonial and state legislatures assigned a broad range of responsibilities to the sheriff which included the familiar role of law enforcement. Other duties were new, such as overseeing jails, houses of corrections and work houses.
As Americans moved westward, so did the office of sheriff and the use of jails. Settlers desperately needed the sheriff to establish order in the lawless territories where power belonged to those with the fastest draw and the most accurate shot. Most western sheriffs however, kept the peace by virtue of their authority. With a few exceptions, sheriffs resorted to firepower much less often than we have seen depicted in movies and on TV.
THE SHERIFF TODAY – There are over 3,100 counties in the United States, and almost every one of them has a sheriff, except for some in Alaska. Some cities, such as Denver, St. Louis, Richmond and Baltimore, have sheriffs as well. The office of sheriff is established either by the state constitution or by an act of state legislature. There are only three states in which the sheriff is not elected by the voters. In Rhode Island and Connecticut, sheriffs are appointed by the governor; in Hawaii, deputy sheriffs serve in the Department of Public Safety’s Sheriff’s Division.
There is really no such thing as a “typical” sheriff. Some sheriffs still have time to drop by the town coffee shop to chat with the citizens each day, while others report to an office in a skyscraper and manage a department whose budget exceeds that of many corporations. However, most sheriffs have certain roles and responsibilities in common.
Constitutional Officers -v- Code Enforcement Officers
The principal challenges to the Sheriffs are code enforcement officers. Codes (statutes) that control the behavior of People are repugnant to the Constitution and are therefore null and void. The Sheriff has a duty to uphold the Constitution. This poses a dilemma because the Sheriff must obey the United States Supreme Court rulings and the United States Constitution in order to uphold his oath; he must first understand it. That is the purpose of this book.
Does the Sheriff have the fortitude to keep his oath and uphold the common law? Will he betray his oath and therefore the People who have entrusted him as their Constitutional law enforcer? Will he uphold the common law above the will of BAR driven legislators, judges, prosecutors and their code enforcement officers, who are true believers that statutes are above the Constitution? The Treasonous BAR schools have been teaching codes and statutes as law for more than fifty years. If we fail to correct this error, America will be lost.
We have a Republican form of government, guaranteed by U.S. Constitution Article IV Section 4, which means rule by law and, in America’s case, common law. When an organization like the BAR advocates the overthrow of the constitution (common law), they are advocating the overthrow of our Government in violation under 18 USC §2385.
When a judge violates the Constitution and the Sheriff seeks permission from the prosecutor to seek an indictment, and, if the prosecutor refuses to bring the issue before the Grand Jury seeking an indictment and the sheriff submits to the will of the prosecutor, did not the Sheriff break his oath and become part of the conspiracy to cover-up a crime? Is this Sheriff now guilty of felony rescue? When judges break the law, it is the duty of the sheriff to arrest the judge and go directly to the grand jury for an indictment. It is only recently, fifty or so years, that the Sheriff has been unlawfully told he must first filter the crime through the BAR taught prosecutors, who work for the state and not the People and almost always refuse to bring the crime before the grand jury when a state official is involved. This is “EXACTLY WHY” America is in a Constitutional crisis. If we can educate the Sheriff, We the People working with the Sheriff, can save America.
Another obstacle the Sheriffs must recognize is the puppet grand and trial juries. Because the juries are controlled by judges and prosecutors, grand jurors are easily led to do the will of the all-controlling BAR prosecutor and the petit jurors are easily led to do the will of the all-controlling BAR judge. They will first be instructed of the statutes they must follow by the said prosecutor or judge thereby trumping the common law. This of course is “jury tampering,” and subversion of the Law of the Land.
The dilemma for the Sheriff is “what am I to do?” The solution is simple. Take the case to the Common Law Grand Jury. Clearly you cannot take it to the unlawful puppet jury controlled by the foxes. Lysander Spooner, in Trial by Jury, 1852 said:
“Any government that is its own judge of, and determines authoritatively for the people, what are its own powers over the people, is an absolute government of course; It has all the powers that it chooses to exercise. There is no other – or at least no more accurate -- definition of despotism than this. On the other hand, any people, that judge of, and determine authoritatively for the government, what are their own liberties against the government, of course retain all the liberties they wish to enjoy. And this is freedom. At least, it is freedom to them; because, although it may be theoretically imperfect, it, nevertheless, corresponds to their highest notions of freedom.”
We the People across America in every state of the union are doing exactly that which we should have been doing all along. Since we discovered this truth through a United States Supreme Court decision, whereas in the 1992 case US v Williams, Justice Anton Scalia writing for the majority made clear the Law when he said:
“Because the grand jury is an institution separate from the courts, over whose functioning the courts do not preside, we think it clear that, as a general matter at least, no such supervisory judicial authority exists, and that the disclosure rule applied here exceeded the Tenth Circuit’s authority. [R]ooted in long centuries of Anglo-American history, the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It is a constitutional fixture in its own right. In fact the whole theory of its function is that it belongs to no branch of the institutional government, serving as a kind of buffer or referee between the Government and the people. Although the grand jury normally operates, of course, in the courthouse and under judicial auspices, its institutional relationship with the judicial branch has traditionally been, so to speak, at arm’s length. Judges’ direct involvement in the functioning of the grand jury has generally been confined to the constitutive one of calling the grand jurors together and administering their oaths of office.”
This is the authority by which We the People act and come with a determination to put that fox back in its cage and save America. Now you know, and the question before you is: are you going to continue feeding that fox, and thereby participate in their treasonous acts against We the People of the United States of America, or will you develop a constitutional back-bone through education and join We the People to bring law and order back into our courts and thereby our government and save America?
Clearly it takes fortitude for a People to step up, take control and do the right thing, for God, country and our posterity. This is our duty. This is the moment in time and history that will define our integrity or your lack thereof. We the People under the Unified United States Common Law Grand Jury have tolerated the Sheriffs’ inaction because, like us, we were once ignorant of the truth also. We have woken to the hard reality and have decided to do the just thing for ourselves and our posterity; Sheriffs that understand this now know! Sheriffs must step up and exercise the Law of the Land or resign.
The US Constitution is a common law document which in turn demands obedience to the common law. Article VI Paragraph of the U.S. Constitution reads:
“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”
Therefore, when there is a conflict between the law and statutes, the Constitution must prevail because statutes are not law unless We the People gave the legislators authority to write such law through the Constitution. This is “law 101,” it does not get any more difficult than this.
How can a sheriff uphold the Constitution if he was never trained in constitutional (law) enforcement? We are sure that the Sheriff and his deputies were trained in statutes/code enforcement, techniques and self-defense. It is the sheriff’s responsibility to make sure that his deputies know the Constitution so that they can serve the People. When deputies violate the Constitution, even unknowingly, the sheriff is as guilty and responsible as his deputies.
The sheriff is responsible for his entire county including the court and the jail. If legislators past or present removed the Constitutional Sheriff’s Duties and replaced any of these duties by entrusting them to code enforcement officers, we can be sure that the Law of the Land is not being applied in those courts, jails and county. Code enforcement offices serve the government, not the People. Sheriffs are to serve the People and not the government.
The County Sheriff
Constitution for the United States of America Article VI – The Senators, and Representatives before mentioned, and the members of the several state legislatures; and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution. Sheriffs are judicial officers.
Sheriffs Oath – “I hereby do solemnly swear that I will support and defend this Constitution for the united States of America, against all enemies, foreign and domestic, so help me God.”
Sheriffs should not be deceived. The Law is not complex. Thomas Jefferson said, “Common sense is the foundation of all authorities, of the laws themselves, and of their construction.”
The Law of the Land consists of: (1) the Constitution, written by We the People, under the authority of God, to empower, control and restrict government servants. (2) Common Law which is written by God in the hearts of men; and, (3) Constitutional Statutes which are written by legislators and applied within its proper jurisdiction. Any statute or code outside of the aforesaid, and there are many, is null and void and that is why we need a Constitutional Law protector who knows the difference. If a Sheriff must depend upon a lawyer to determine the Law, it’s no different than giving him/her your badge and the responsibility for your oath. That is not honoring your oath. Lawyers already run our government and have the People ratchetted down in unconstitutional codes, statutes and illegal warrants. Therein is the problem in a nut shell and the reason we need Sheriffs who know the Law.
“Lawyers rejected the counsel of God”– Luke 7:30; “The lawyers, said unto Jesus, Master, thus saying thou reproaches us also. And Jesus said, Woe unto you also, ye lawyers! for ye lade men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers… Woe unto you, lawyers! for ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered.” – Luke 11:45-46, 52
In order for statutes to become Law, the legislators must first be given authority by We the People which is found under Article I. Section 8 which is restrained by Article I. Section 9 and the Bill of Rights. This is where the Sheriff’s attention should be. If Congress writes statutes outside of Article I. Section 8 or statutes that violate Section 9 or the Bill of Rights, the following “General Rule” of the United States Supreme Court is to be applied, and herein is the Power of the County Sheriff.
“The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot belegally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” – Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886).
Show us a County Sheriff that does not know the Law and we will show you a Lawless County. We need true Lawmen who take pride in the knowledge of the Law because it is the nature of unrestrained government servants to seize more and more power and control over the People. The office of the Sheriff is not to blindly enforce codes, rules and statutes but to enforce the Law and constitutional statutes that prevent lawless servants from injuring the People. It is up to the Sheriff to “bind the government servant down from mischief by the chains of the Constitution.” – Thomas Jefferson
The County Sheriff also has a duty to enforce the Common Law which is written by God in the hearts of men. There are two Common Law Principles that guide us in knowing the Common Law; (1) In order for there to be a crime there must be an injured party and the government cannot be the injured party. (2) For every injury there must be a remedy. This is the simplicity of God’s Law, do not kill, do not steal, do not injure, do not trespass, etc.… We all know this!
Sheriffs are Law enforcement officers that answer to We the People directly via the committeeman and the ballot box. Therefore, the Sheriff will be as Lawful as his knowledge of the law. There are only four ways a Sheriff can be removed from office (1) the People can vote him/her out, (2) impeachment, (3) recall, and (4) indictment by the Grand Jury.
There are four things the Sheriff needs in order to arrest a lawless judge or any lawless elected or appointed servant with impunity and fearlessness. They are: (1) Knowledge of the Law; (2) Knowledge that no agency or elected or appointed servant can remove a Sheriff from office nor can a Sheriff be arrested unless (s)he violates the Common Law such as stealing, killing, etc…; (3) the People standing behind him and (4) direct access to the Grand Jury to get an indictment. The Sheriff should not be going to the county prosecutor for an indictment as all too often, they are the gatekeepers for the lawless.
It is imperative that the Sheriff have the active support of the People. The best place for the Sheriff to find that is in locally controlled citizen and liberty groups. Sheriffs should go out and talk to them often, ask for their support to help protect their unalienable rights, because they are the most active and will show up to support the sheriff when he needs them.
Sheriffs need to have a “proper education” and the support of other “properly educated” sheriffs standing with them and rarely, if necessary, an armed posse, especially if they are going up against a lawless federal or state agency. This book is the perfect gift to your County Sheriff that will deliver that “proper education.” Sheriffs and their deputies can also go to www.NationalLibertyAlliance.org to take our Government by Consent Course which covers all the issues we discuss here. All Sheriffs are given access to follow the progress of their deputies as they take the course.
Most importantly, the Sheriff must have “Grand Jury Access!” The Sheriff has been around for more than a thousand years, and like the coroner, has always had direct access to the Grand Jury without a monitor. The only purpose of a gatekeeper is to protect the guilty, and the only reason they can get away with having all powerful gatekeepers is because of the sheriffs’ and the Peoples’ ignorance of the Law of the Land.
Just because there are unlawful rules and statutes that provide for prosecutors to call the Grand Jury, a power neither common law nor We the People gave Congress, which would be necessary to empower them to do so, it can never negate the power and authority that the Sheriff and the coroner have always had and still have to call the Grand Jury themselves.
The major problem with prosecutors is that they think that after they get an indictment, they have the power to add or remove chargers or make deals. Only the Grand Jury can add or remove charges and make a deal with the accused, but they can only make a deal if they have the consent of the injured party. That is because another Common Law Principle says “for every injury there must be a remedy” and only a Trial Jury can render a remedy without the consent of the injured. This is all common sense; this is Common Law, so called because it is common onto all!
Prosecutors usually throw the book at the accused thereby inflating jail sentences and then later offer the accused less time if they plead guilty; that’s called extortion! And for this reason alone prosecutors should not address the Grand Jury.
The Sheriff should always know when the Grand Jury is in session so that if (s)he wants to ask the People for an indictment against a judge, some other elected or appointed official or maybe even the prosecutor, the Sheriff can go to the court and talk to the Grand Jury directly. He need not explain himself to anyone, and, if necessary, can arrest anyone who gets in his way for obstruction of justice. Once the Sheriff gets an indictment, the prosecutor cannot reduce or change the charges because that’s a crime!
“One single object... will merit the endless gratitude of society: that of restraining the judges from usurping legislation. The government will certainly decide for itself on whose counsel they will settle the construction of the laws they are to execute. We are to look at the intention of the Legislature, and to carry it into execution while the lawyers are nibbling at the words of the law.” Thomas Jefferson
Sheriffs, whether they be a democrat or republican, liberal or conservative should not indulge in party favors, only the Law, that’s their oath! This Comprehensive book was written to fully inform the Sheriff and deputies (as well as lawyers, judges and the People) of their powers and authorities that they took an oath to perform. Thereby, supporting and defending the Constitution for the United States of America.
Sheriff’s Indictment – If a Sheriff wants to get an indictment for an elected or appointed individual like a judge, Sheriffs can go to the court clerk to find out when the Grand Jury is meeting and make an appointment to speak with the Grand Jury. The Sheriff need not discuss the matter with the clerk. If the prosecutor calls the Sheriff to inquire what it’s about, the Sheriff need not explain anything. If the prosecutor or any other court officer tries to prevent the Sheriff from seeing the grand jury, he can call the prosecutor to meet him at the clerk’s office, where the sheriff can give them one more chance to comply with the law. If the prosecutor refuses, the Sheriff should arrest the prosecutor for obstruction of justice and then see if the court clerk wants to join the prosecutor or confirm the Grand Jury appointment now to ask for two indictments.
When the Sheriff sees the Grand Jury, he can ask for his indictments. The Sheriff needs to understand that the first known Grand Jury was called by the People in 1215 that resulted in the “Magna Carta” and for about a thousand years it was usually the Coroner, the Sheriff, or the People that called the Grand Jury. In America over time legislators wrote codes for uniform procedures for prosecutors to call for the Grand Jury and U.S. Attorneys did not have written procedures until 1970.