The County Sheriff Ebook

THE COUNTY SHERIFF: AMERICA'S LAST HOPE
By
SHERIFF RICHARD MACK
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 Mack please visit www.sheriffmack.com or write to PO Box 971 Pima, AZ 85543
First Edition 2009 Richard Mack All 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.
INTRODUCTION
THE founders of America warned us that we would lose more freedoms from gradual encroachments by those in authority than by sudden usurpations from any foreign enemy. This is certainly truer today than it has ever been. The Founders knew what they were talking about, yet many pay very little attention to the things they did or said. It appears, we have lost our way. The battle in America now is for our countrys soul - whether or not we will accept a growing Marxist creed as our own, or will we save America as the last bastion of hope for freedom and liberty. Let us not be deceived; the political whining for universal health care, gun control, forced equality through governmental redistribution of wealth, and the removal of religious beliefs and expressions from our public institutions, all come directly from the Marxist platform. America is at the threshold of what appears to be utter despotism. People from every state and countryside are begging to be left alone and treated as freemen. Thomas Jefferson opined, "When all government shall be drawn to Washington as the center of all power, it will render powerless the checks provided and will become as venal and oppressive as the government from which we separated." Well, President Jefferson was right and now what do we do about it? Who will stop this "venal and oppressive government" as Jefferson so firmly warned us?
RICHARDMACK TheCountySheriff:AmericasLastHope
This book is written to and for every citizen, each police officer, every peace officer, and especially every sheriff in America; that all of us come to the understanding that the sheriff indeed has the authority, the power, and the duty to end "venal and oppressive government." The conclusion is thus inescapable; the COUNTY SHERIFF is our nation's LAST LINE OF DEFENSE, for the preservation and return to, fundamental and individual liberty. Sheriff, you are the people's last hope. When you connect with this astounding truth, your people in your county or parish reconnect with freedom. This principle is what makes the position of sheriff such a high and noble office.
FOREWORD BY OFFICER FRED WILLOUGHBY (RET)

THROUGHOUT our nation's history we have seen numerous incidents of police misconduct and abuse. The murders at Kent State University in May of 1970, the murders at Ruby Ridge, Idaho in August of 1992, the murders at the Davidian compound at Waco, Texas in April of 1993, and more recently, the confiscation of over 450 children from FLDS families by Child Protective Services in Texas. Many such acts were caused or supported by the police or federal agents; officers who have sworn oaths to protect and defend the U.S. Constitution. Officers who should know full well that we do not confiscate children when 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 action was based on a bogus anonymous tip. A tip the police knew was bogus. But the children went into state custody anyway. All police get frustrated with going by the rules sooner or later. But we cannot let such feelings get the best of us. We must answer to a higher standard and set the example that this is still America and that the Peace Officers of this great country can be trusted. In 1970, during the tumultuous anti-Vietnam war protests, I was hired by Sheriff Brad Leach of the Boulder County Sheriff's Office in Colorado to direct the county's campaign to restore order and keep the peace. I had spent nearly ten
years working in the Watts district of Los Angeles for the LAPD and had become quite the hardened lawman. I had had it with the Black Panthers and the street gangs! I wanted to just throw them all in jail. They were destroying the greatest Republic on Earth. But I had to follow the rules, the Constitution meant something to me and I loved what it stood for. So, after two years of arduous police work in Boulder County, we won the battle, the offenders lost, and we 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 pretty clearly where rights exist - and we would not trample them. I knew it protected me and my family as well as everyone else's, even criminals! After nearly 50 years of law enforcement experience, I have learned that there is one thing more important than making arrests and cleaning up the streets; and that is for cops to keep their oaths to abide by the Constitution. I revere this inspired document and the Declaration 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 the Constitution, are, in a word, wrong and should never be construed as following proper police procedure. If we want a strong and good America then the police must be an integral part in making it so. If we (law enforcement) do not uphold the Constitution and the principles of our Founders, then we are no better than any other country that enslaves and impoverishes its citizens for their own leaders' power and personal gain!
Yes, America probably could use more Texas roundups - not of innocent citizens - but of government officials who abuse their authority, trample the Constitution, and turn their backs on the people they should be serving. America does not need more politicians or cops; we need Statesmen and Peace Officers. When we return to the principles of liberty that the Founders established for us, America will once again be the land of the free and home of the brave.
THE LAWSUIT
IN 1977 I started my police career as a part-time "meter-maid" in Provo, Utah, while working my way through college at BYU. Upon graduation I applied to join the FBI. My father had just retired from the Bureau a few years earlier and I wanted to follow in his footsteps. But, this dream never happened as I had some problems with one of the Bureau's entrance tests. I was disappointed but having gotten a taste of the Provo Police Dept., I decided to try to become a full-time cop there. It was a good department and I really liked the officers, oh, and the softball league. I was hired in March of 1979 and immediately became a by-the-numbers jerk. I suppose that I was still a decent person, but the leadership at Provo PD wanted numbers and I was not about to disappoint them. To acquire more manpower, more equipment and of course, more money we had to show the City Council that we were busy. And we were. We, as a police force, were all about road blocks (checking licenses, safety inspections, registrations, and anything else we could fish for). We had to write tickets and lots of them. We needed arrests and felonies and DUIs and druggies in jail and our efforts supported in the newspapers. I got caught up in all of this and loved it. We literally justified our existence - on the backs of the citizens. In 1982 I was asked by my sergeant to consider going undercover for a one year assignment in narcotics. I was
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given 24 hours to make this life changing decision and to talk it over with my wife. We had three young children at the time. This assignment would mean much less time at home and spending absolutely NO time with my family in public, including not going to church. I decided to do it, but it was something I so thoroughly hated that it defied description. I never used drugs growing up and only tasted beer a couple of times, and I hated that, too! Now I had to live in the bars, drink, smoke, and act like the biggest partying druggie there ever was (something totally foreign to my conservative Mormon upbringing). But I did it and again, the important thing about this was bringing in the numbers. So I worked hard and got the numbers my sergeant wanted and when I finished I was the happiest man on Earth. While shaving off my beard I looked at the whiskers floating down the sink and thought to myself how happy I was to finally watch my prison doors opening to freedom and my chance to return to my prior life and my family. This was the first time in my life that I personally experienced what it felt like to be free again. Man I was happy! To celebrate I took the family to Disneyland. This undercover assignment changed my life and it got me wondering about the drug war and law enforcement in general. What was all this for? Why did so many people have to go to jail because of marijuana, especially when it was less harmful than alcohol? Is law enforcement really about public service or public harassment? To find answers to some of these questions I started reading and studying. I paid particular attention to books about drug abuse and treatment for addictions and juvenile delinquency. After years of research I am now totally convinced that the "Drug
War" is a farce. It provides no benefit to the public and actually makes the drug problem worse. My studies ultimately lead me to the foundational principles of the making of America. I studied my oath of office - you know the one that every police officer swears to before he can start his job? It is an allegiance to uphold the United States Constitution. Given that, I decided to study the Constitution. I thought it might be worthwhile to study the document I swore to defend and obey. So I did and it amazed me. It was beautiful and easy to understand. Then I started reading about the Founding Fathers and I came to know and love them. It literally changed my life. These were men of principle who dedicated their lives to the well-being and freedom of their fellow men. I decided that I would never be on the wrong side of that document again. I was quick to gain a complete disdain for abusive government and became sickened 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 could freely go about their lives. What I saw at the state capitol and in Washington DC made me even sicker. I looked at the millions of laws being shoved down our throats and I looked at the U. S. Constitution and I saw very little resemblance. In 1988 I decided to move home to Safford, Arizona and run for Graham County Sheriff. I had never been a cop there and hadn't lived in Arizona for about 12 years. Now I would ask the people there to make me the top law enforcement officer of the county. And you know what, they did. This election
was really quite miraculous. Looking back at it, I still can't believe it. I was re-elected in 1992 and in 1994 something really crazy happened. The Brady Bill was passed by Congress and signed in to law by President Clinton. This law literally forced each sheriff to become a pawn for the Federal Government and to do their bidding to promote gun control within our jurisdictions. Even more astounding was the fact that no funds were allocated for us to do this work and the Brady act contained a provision to arrest us if we failed to comply. Wow! So here's the U.S. Congress making an unconstitutional gun control law, requiring a county official to enforce it and pay for it, and then threatening to arrest him if he refuses! What a government! To make a long story short, I was the first sheriff in the nation to file a lawsuit to stop the Brady bill to end this nonsense and abuse. I had no idea what a roller coaster ride this would take me on. I received hundreds of calls from the media all over the world and I got hate mail and threats and awards and honors all at the same time. As the case proceeded, six other sheriffs from around the country joined the lawsuit: Sheriffs Koog from Texas, Frank from Vermont, Romero from Louisiana, McGee from Mississippi, Printz from Montana, and Anders from Wyoming. Sheriff Printz and I ended up at the U.S. Supreme Court together on December 4, 1996. On June 27, 1997, the Supreme Court ruled that the Brady bill was in fact unconstitutional and that the Federal Government could not commandeer state or county officers for federal bidding. This was more than monumental! Federal agencies could no
longer do whatever they damn well pleased. The ruling stated at least three times that the States were "not subject to Federal direction." (Don't you wish your State was aware of this?) More importantly, the case proved that local officials have the right, the power, and the duty to stand against the far reaching incursions by our own Federal Government. In the ruling Justice Scalia wrote for the majority, stating, "The Federal Government may not compel the states to enact or enforce 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 too often, that is exactly what happens.) But freedom won that day on June 27, 1997, and it started the snowball rolling for each sheriff in this country to stand tall and to protect his or her constituents from "all enemies both foreign and domestic." This is the ultimate check and balance and it falls squarely on the shoulders of the county sheriff. This booklet will show how the sheriff and police are indeed the last line of defense between the people and the criminals, both from the streets and from the Federal Government. If we are to get America back, if we are indeed to return to the constitutional Republic we were meant to be, then it will be up to us, the sheriffs of America, and hopefully other local officials, as well, who have the guts and dedication to tell the feds that we will no longer tolerate their intervention, control, meddling, mandates, or criminal behavior. This booklet will offer proof positive that you have the authority, the power, and the duty to be the ultimate check and balance for the American citizenry in your county and to defend them against all local and federal criminals.
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THE MAKING OF AMERICA

WHEN the United States of America was founded the framers of our new government devised the Constitution specifically to LIMIT government in order to prevent a recurrence of the abuses from King George III. Exhaustive and strenuous efforts went in to the development of a system that would guarantee that those serving in government would not violate the rights of the citizens, particularly and especially, by those serving at the federal level. This was the first time in history that the norms of governance would be changed. Rulers always governed people. Now, in America, the rulers were to be governed by the people. The system was fraught with checks and balances so as to provide protections to the people. The absolute and most vital of all assets to be protected was liberty. The entire process of establishing this country was to guarantee freedom, peace, and prosperity. The checks and balances were specifically applied to limit government, to keep it off the backs of the people, 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 of the limitations or checks and balances as set forth in the Constitution. We have a 9 trillion dollar debt, unsecured borders, out of control spending, huge corporations funding campaigns of both major parties, and excessive taxation and inflation. A point to bear in mind here is that government cannot keep growing and have our freedom increase at the
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same time. It is a scientific certainty, albeit a political one perhaps, that the bigger government becomes, the smaller freedom shrinks, and at exactly the same pace. That is precisely why the Founders devised our government with few, discreet, and enumerated powers; to ensure that it would never become exactly what it is today. We now have a government based on "we will do whatever it takes and spare 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 with complete complicity from our Congress. The end result is a nation entirely opposite of the one designed by our Founders. Through fabianistic debauchery, the elitists of Washington DC, including those of both major parties, have turned 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, the Federal Reserve, DEA, the Forest Service, BLM, and of course, our own American version of the notorious WWII Gestapo, the IRS; all were never meant to be, based upon the enumerated powers granted under the Constitution. No matter how one tries to justify them with all the sweet sirens of benevolence; these agencies were never meant to be in charge or in control of our lives, our lands, our water, our crops, our guns, our air, or our children. Truly, we have fallen 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 vast majority of its people do not even know what form of government we are supposed to have in the first place. Let us be very clear here, the propaganda which has us believing that 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 if they were interchangeable. They are not the same and they do not carry even similar meanings! You will not find the 'D' word in any of our foundational documents. You will not find any references made by the Founders that they ever made any comments about their hopes of making America the next great democracy! There had already been numerous failed democracies throughout history (Rome and Greece) and they had no intention of risking their lives just to start another one here. The blood, sweat, and tears that went in to the creation of our Declaration of Independence and the subsequent Constitution, were all about a new experiment. An experiment of a unique form of government based on the idea that all men are created equal and would therefore be left to govern themselves. Furthermore, the people would retain an inviolable sovereignty and power over the government, which exists to serve them, not vice versa. The bottom line; America was founded as a constitutional Republic, a representative form of government with extremely limited powers, confined within the parameters as
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expressly set forth by the supreme law of the land, the Constitution itself. In order for the Founders to perpetuate the principles of the Constitution they secured a proviso in Art. VI paragraph 3, which states very clearly, "...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... Whether you like it or not, you have 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 law of the land? The United States Constitution! Therefore, what is our supreme duty and responsibility? That's right! To protect and defend, the U S Constitution! There is nothing we could do, that could come even close to justifying any peace officer in this country failing to keep his oath of office. Keeping that oath is what makes our constitutional Republic unique and effective. The sheriffs job is an integral part of the American dream. If you do your job with honesty and fidelity, keeping your oath to your citizens, the dream 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 our Constitution said, "We can safely rely on the disposition of the state legislatures to erect barriers against the encroachments of the national authority." In other words, it was anticipated by the Founders of our country that state legislatures would "erect barriers" against the overzealous acts of an out of control Federal Government. I am more than certain President Madison and his fellow framers would not mind one iota, if other town and county officials did the same. In fact, it appears that state legislatures could surely use the help and back-up. Furthermore, in our successful action, Mack v U.S., the Supreme Court reiterates this point quite clearly and makes Madison's assertion even more powerful."The great innovation of this design was that our citizens would have two political capacities, one state and one federal, each protected by incursion by the other, a legal system unprecedented in form and design, establishing two forms of government, each with its own direct relationship, its own privity, its own set of rights and obligations to the people who sustain it and are governed by it." Madison is then quoted by Scalia, "The local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere." The feds must stay within 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 the original intention by our Founders to maintain the federal "sphere" as small and impotent. Justice Scalia emphasizes this point, "This separation of the two spheres is one of the Constitution's structural protections of liberty, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front." Madison's wisdom is thus employed once again, "Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself." So who is charged with safeguarding the people from the Federal Government when it refuses to control itself? (Please write the answer in the space provided) ________________________________________ Does it get any clearer than this? One of our "structural protections of liberty" is based on the notion and principle that "different governments" will keep each other in check and by so doing; provide a "double security" to the rights of the people. In this most monumental Tenth Amendment Supreme Court ruling, Justice Scalia stated, "The power of the Federal Government would be augmented immeasurably if it were able to impress into its service--and at no cost to itself--the police officers of the 50 States." Scalia seemingly makes it clear that the federal government DOES NOT have the power or authority to "impress" the police from the states into federal regulatory programs. On the other hand, the power of the Federal Government would be "augmented immeasurably" if the police from the 50 states went along
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with or allowed the federal government to do whatever it wanted. 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 ruled repeatedly in this case "state legislatures are not subject to federal direction." So when the Federal Government goes too far, we should not only refuse to go along, but it is up to us to "erect barriers" against such encroachments and thus be found on the side of the people to provide them with the protection they depend on. Doing so is right and proper and in accordance with our oath to support this Constitutional Republic. How could we do otherwise? And if we do otherwise; what does that make us?
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REDCOATS
IT'S easy for any American to recall the beginning of the Revolutionary War where Paul Revere awaited the signal from the old North Church to see if the Redcoats (British Soldiers) were coming by land or by sea. Revere waited for the sign, two lanterns if they came by sea and only one lantern if they came by land. Then it came; two lanterns. Paul Revere jumped on his steed and headed off to warn his fellow countrymen, that the "Redcoats are coming the Redcoats are coming!" Who did Paul Revere call to arms? None other than the citizen volunteers, the militia, who kept their "assault rifles" in their closets just in case they were ever needed in defense of liberty. This is the very reason the Founders established the Second Amendment, so that the people or the "militia," would always possess arms in defense of this nation against tyrannical government! Thereby ensuring that the people, not government, would maintain the power to have the last word in running the affairs 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 to obey without question the instructions of their superiors. If a Redcoat saw an American doing something he did not like he made sure a new law was promulgated forbidding such behavior 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 and ruthlessness of the Redcoats gave birth to the Eighth Amendment, which reads, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." In other words, the Constitution and the Bill of Rights were formed as a direct result of the oppression and tyranny from the British Crown. That's why following the Constitution will prevent a recurrence of cruelty and tyranny from an out of control government today.
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NO EXCUSES
DURING the infamous Nuremburg trials in which Nazi officers were tried for the murder of thousands of innocent people During World War II, the soldiers who committed these heinous acts used as their defense in court that they were "just following orders." The court found them all guilty and maintained "following orders" was no justification for committing such atrocities. How many times do officers, deputies, bailiffs, and sheriffs say similar things today? It's almost clich to hear cops excuse themselves with, "Hey, I don't make the laws, I just enforce 'em." Please show me the statute where it says all laws must be enforced regardless of how cruel or stupid they are. The very essence of tyranny is defined by the blind enforcement of stupid laws. We are not puppets for the courts or legislatures! Thomas Jefferson said that laws often are merely the "tools of the tyrant." To go along with laws that we know, or should know are wrong; protects and serves just who? We are sworn officers to uphold and defend the U S Constitution! To violate that oath for a judge or a legislature is nevertheless, a violation! Furthermore, I cannot violate this oath even if my boss, the voters, demands that I do so. If a simple majority or even the entire citizenry save one, vote to violate the rights of another citizen; I must stand with the one! Perhaps in a democracy, going along with the crowd would be appropriate, but in a
constitutional Republic, the rights of the individual are required to be protected. And I am bound by oath to do just that. Why are there dozens of police brutality and misconduct incidents caught on tape and exposed on national news networks every year? Why are there cases after cases of inmates being released now after DNA evidence proves that these inmates could not have committed the crimes they went to prison for? Why are these crimes being covered up? These are unimaginable atrocities! Government officials sending innocent American citizens to prison; some on death row and sentenced for life, and nothing happens to the officials who commit these crimes. Why? Because police and prosecutors are trained to bring in numbers, so by damn they bring in numbers! Are any of these "public servants" trained or focused on simply finding the truth? Are they dedicated to proving the accused's innocence? NO! They want convictions and that is their goal. It has nothing to do with fairness or truth. It is a corrupt system based on "win loss" records. Principles of freedom and equality are bypassed in order to concentrate on the money-generating numbers and plea-bargains. If innocent citizens get nailed in the 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 from abuse or crimes of the IRS or perhaps some other federal agency? Let's make no mistake here; the sheriff can help and stop federal criminality. For the sheriff to tell his constituents that they should just get a lawyer and fight back the 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 afford such a lawyer, especially for as long as it takes to fight the Federal Government. The people lose either way and are denied justice that is rightfully theirs. Why should they not depend 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, go home 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 the supreme law enforcement officer in the county? The historical review of the office of the sheriff dates back over one thousand years. During that millennium, the basic role of the sheriff has not changed; he was then and is now charged with the maintenance of law and order and the preservation of "domestic tranquility." In the early stages of the 11th Century the King of England would appoint a representative called a "reeve" to keep the peace in the "shire" or the county. The shire reeve or the sheriff, as it evolved to through time, has always been the chief 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's authority; he is elected by, for, and of the people. He is not appointed, he is not a bureaucrat, he does not report to the town manager or to the city council. He reports directly to the people and is answerable to them and them alone. For the sheriff to allow anyone or anything to violate the rights of his boss would be dereliction of the highest order. Will you, as the "shire reeve" stand against the most egregious violators of the peace in your county? Will you stand against tyranny? Who is responsible to do so if you won't do it? Should we expect the tyrants to somehow miraculously see the error of their ways and stop the
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problems they have caused? No my good friends, history and common sense have taught us that such is not going to occur. Conversely, could you imagine the honorable position of "shire reeve," in reality going along with tyranny and the Chief Law Enforcement officer of the county allowing 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 is the fact that our American Republic has been replaced by a corrupt system of political correctness. The founders of America warned us repeatedly, in their writing and their intent, to avoid gun control, a welfare state, a police state, entangling foreign alliances, a grandiose and omnipotent central government, enslaving taxation, paper money not backed by a gold and silver standard, and the list goes on and on. A limited central government was the goal, as the framers of our new country knew that freedom couldnt exist with an all-powerful over-reaching government. Again, it is a mathematical certainty that the bigger the government, the smaller the freedom. You cannot have huge government and abundant freedom simultaneously. But the political platforms of both major parties have promoted each and every one of these socialistic or communistic ideals, that our country was specifically established to prevent. Does anyone think for a moment that we can abandon America's foundation and turn our backs on the admonitions of our Founding Fathers without severe and catastrophic consequences? Do we remember the mottos of John F. Kennedy and Ronald Reagan? They are now so far removed from reality that these ideals appear almost comical. JFK said, "Ask not what your country 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 now pragmatic opposites in the world of democratic and republican politics and prove that both parties have no intention of following any semblance of propriety as hoped for by these previous iconic leaders. Democrats never saw an entitlement that they did not love and Republicans never pass 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 Constitution back? How do we protect and defend America? Well, we start right here. It's not going to happen in Washington DC! If any of you believe that putting another Democrat or Republican in as president, is going to accomplish anything relative to freedom then I've got beachfront property for you in Omaha! We must start at home, in our own counties, in our own "spheres." We must erect the barriers and keep those at bay who would confiscate bank accounts, guns, land, property, and children. Sheriff, you are the people's sworn protector. You cannot shrink from that duty merely because the violator comes in to town with a three-piece suit and 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 and pony show to calm the political heat they were taking over the numerous articles being written and public outcry regarding IRS crimes and abuses. During the hearings Jennifer Long, along with several other IRS employees, testified under oath that the IRS routinely fabricated evidence against American citizens who they knew were not financially capable of defending themselves from the relentless and ruthless IRS. One IRS agent testified, "If the American people knew all that was going on inside the IRS, there would be a revolt tomorrow." Another IRS employee testified silhouetted behind a lighted screen and his voice muffled in order to keep his identity hidden from all concerned. He was so afraid of severe retaliation from his own employer and our own government, that the only way he would testify is if he remained entirely anonymous. Protecting a witness in such a manner in front of Congress has only happened one other time in history. It was when a former member of the Cossa Nostra mafia exposed his fellow thugs. Hmmm. (Any similarities I may have drawn here between the IRS and the mafia would be purely coincidental.) It was revealed however, that many of the IRS victims had been ruined for life, some went to prison, others lost everything they had ever owned, and others sought refuge by moving abroad, or even worse, by committing suicide. Yet, the U S Congress did nothing to protect its own
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people from future IRS crimes. Their reaction after all these violations of the law and public trust were exposed, was to order IRS employees to be more "user friendly" and to open offices on Saturdays. That's not a joke! (Well, on second thought, maybe it is.) In 1994 I was invited to an NRA meeting in Washington. It was an honor to be there. The NRA had given me several national awards and supported my lawsuit against the Brady bill 100 per cent. At this particular meeting several U S Senators and Congressmen were in attendance, including Senator Trent Lott, with whom I sat as we had lunch together. During our conversation I leaned over to Senator Lott and asked him when they were going to do anything about the "Gestapo of America." He said, "You're speaking of the IRS, aren't you?" I assured him that he was correct. "It will never happen. They intimidate us as much as everyone else," the Senator responded in a serious tone. It was funny though; he knew exactly whom I was referring to when I said the "Gestapo of America." Maybe someone should tell Mr. Lott that he's one of a few dozen "public servants" who are in charge of overseeing the IRS. The tail not only wags the dog, but it scares him to death, as well. Furthermore, the truth of the matter is that the IRS should never have been in existence in the first place. There should be no tax on incomes and the 16th amendment, which supposedly authorized Congress to do so, was never ratified by the States. Even more astonishing are the enforcement methods utilized by the IRS. They conduct random audits of citizens and fill prisons to the rim with victims of such audits. No other police agency in this country is allowed to
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conduct such audits. If this were an appropriate police procedure then all cops could just look around their communities and "audit" citizens for possibly dealing drugs, or abusing their children, or stealing from the local supermarket. This sort of police abuse is specifically forbidden in our Bill of Rights, but the IRS makes a living doing it. Why? Why would any sheriff trust the IRS or allow them inside his county? Regardless, it should be more than obvious to one and all that we can no longer depend on the Federal Government to provide protection and security for the well being of its people. The IRS has a horrible reputation and has earned every bit of it, has by their own admission committed crimes against innocent citizens, and continues today to be the "Gestapo" of America. They confiscate more homes, destroy more families, take more money, ruin more lives, and commit 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 $66,000 question here is: Who will stand in the way? Who will protect the average everyday American from the abuse of the IRS or any other alphabet soup bureaucracy in Washington DC?
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WILL YOU STAND AGAINST TYRANNY?

PERHAPS before we go any further, we should be certain what the definition of tyranny is. The dictionary defines tyranny as the following: Dominance through threat of punishment and violence, oppressive rule, abusive government, cruelty and injustice. This certainly fits what's going on in America today. The Declaration of Independence makes mention of tyranny and the long chain of abuses from King George III. We are presently suffering from the same abuses, except taxes and inflation are much worse now than they were back then. The key point expressed within the Declaration of Independence is the part that instructs us, we the people, what we are to do with tyrannical government: "That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government... But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw of such government, and to provide new guards for their future security." (Despotism is synonymous with tyranny.) However, no matter what we call it or how we label the government we have in contemporary America, it is just as plain and simple as it can be; we are way off course and the Constitution is no longer the compass that guides our country.
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So what do we do? Hire a lawyer and sue to have all this turned around? Write a letter to our congressman? Send a petition to the White House? These measures and hundreds of others have all been deployed and have fallen on deaf ears and blind eyes. There is still hope to keep this revolution a peaceful one. There is a man who can stop the abuse, end the tyranny, and restore the Constitution, once again, as the supreme law of the land. Yes, it is you SHERIFF! You can do it. You have the power, the authority, and the responsibility. 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 local governments standing against federal intrusiveness. The sheriff of Nye County, Nevada, in 1997 informed federal agents 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 ALL federal agents would have to check with them before they could make arrests, serve papers, or confiscate property within their respective jurisdictions of Wyoming. This should be the law throughout the land and is a tremendous check and balance for all involved. What's more, it is working and the feds are surviving just fine. Better yet, the citizens of Wyoming are surviving and getting along just fine, also. This entire policy came about pursuant to a lawsuit filed by a family who lived in Big Horn County, Wyoming approximately 12 years ago. It seems that some agents from the Immigration and Naturalization Service (INS) came in to arrest the Castaneda family for being illegal aliens. The feds asked for assistance from the local sheriff's office. They all went together and raided the Castaneda home at midnight. There was only one little problem; the Castanedas were all American citizens. The INS had screwed up big time and got the Big Horn County Sheriff's Office all wrapped up in their blunder. Well, the Castaneda family sued and pretty much
got to place their order for the size of the checks they wanted in return for the treatment they had received. To their everlasting 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 ever occurring again in his county. You guessed it, his plan was to have all federal agents required to go through him before they 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 in any respect is the epitome of usurpation and he who is the rightful steward of the county, needn't tolerate such usurpations whatsoever.
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THE OATH OF OFFICE

BEFORE anyone can start his or her job as a peace officer anywhere in the United States, they must first swear an oath to protect and defend the U S Constitution. The question, of the utmost importance is; how do we as officers keep that oath 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 to the family fights, investigated traffic accidents, even pulled a person out of a burning building; you've done it all. During your time as a cop; how did you keep your oath of office? Or, even now; how do you keep your oath to uphold and defend the United States Constitution? Most officers will respond 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 police will say they do exactly what they are told to do by the state legislatures, or whatever the Supreme Court rulings mandate. By so doing, we as law enforcement, in our role as part of the Executive branch of government, give our service and dedication blindly to the other two branches of government! We then rationalize that we have no moral obligation to keep our oaths to the people and become puppets for judges and legislatures. The integrity of our oaths should never be contingent upon the hope that the legislatures and judges will be proper and lawful and constitutionally correct. There are no Kings in America and we certainly do not have a responsibility to follow any self-appointed ones.
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"To throw off such government" if the people of this country finally come to the point of resorting to their right as expressed in the Declaration of Independence, to rid the nation of tyrannical and corrupt government, then when or if that happens, whose side will the sheriffs be on? Finally and most conclusively, the High Sheriff of this country needn't ask anyone else, not the Supreme Court, not the barber down on Main Street, nor even the Federal Government, how or if he keeps his oath of office. "To Protect and Serve" is already a foregone conclusion and a paramount obligation. You do your job and your duty; you keep your word to your constituents and defend them from all injustice, even if it's from legislators, judges, or federal agents. Or if we so choose, we can continue to go along with the smooth hypocrisies of DC bureaucrats and turn our backs on our citizens. In retrospect, and looking at the entire ordeal regarding the case I ultimately won at the U S Supreme Court, I wish I had never filed it. The most effective and inexpensive measure that should have been taken was for all the sheriffs of Arizona to simply send the Brady bill back to Congress with a CC to the White House and with a strongly worded explanation 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 fire us, and they cannot tell us what to do. Therefore, their legislation aimed at the sheriffs or any other officer of the counties in this nation, are entirely meaningless and have no way of being enforced unless we say so. If we refuse to go
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along would the feds disown us? Cut us out of all the entitlements? The only thing they could possibly do is throw their popsicle in the dirt and run home! "But the Constitution protects us from our own best intentions." This is probably the most powerful quote from my lawsuit and the subsequent decision from the highest court in the land. It means succinctly, that good intentions cannot take the place of constitutional guarantees and protections. Not even if it's "for the children" or to "save the whale" or even the Desert Tortoise. The Constitution comes first! Therefore, we as sheriffs, if forced to choose between keeping our oaths and allegiance to freedom and justice, or following orders from vapid politicians and misguided judges, the choice is clear, we side with "We the People." America and freedom come first. Liberty is thus protected and preserved by the very servants who promised to do just that. The police pragmatic oath of office would be: I officer "Buck Savage" do solemnly swear and promise, that I will write as many tickets, kick in doors, stop drug dealing, fight gang bangers, make arrests, and follow all directives from my superiors in the faithful application of my job as a law enforcement officer of this state. I further swear that I will beat people into compliance if need be and make sure all subjects are wearing their seatbelts and have their permits and papers in order before they are allowed to travel. Numbers and meeting departmental quotas will be my top priority.
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The true intent however, of the oath of office, was to create at each level of government, (Judicial, Executive, and Legislative) constitutional guards, who then keep each other in check as each does its job to protect rights, life, and property of all Americans. We thereby, do not become police officers, but rather peace officers and servants in the never-ending battle to "secure the blessings of liberty, to ourselves and our posterity." (Preamble) Therefore, when we promise through solemn oath to adhere to the principles of liberty as prescribed within the Constitution, we have given our word to protect the right of the people "peaceably to assemble," (First Amendment) but today's police only allow this if "the people" first obtain a permit. We also require them to obtain a permit to exercise their "right to keep and bear arms" and some states require that the firearm be registered with the government before the citizen may take possession of such property. "Probable cause" is required by the Fourth Amendment and "due process of law" is set forth in the Fifth Amendment. The Fifth Amendment also guarantees the protection of "private property" or land and the "pursuit of happiness," or the right to own and control your own property, as proposed in the Declaration of Independence. These ideals are all so basic and 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 uphold them. "Probable cause" and "due process of law" are not secured or adhered to simply by following statutory legalities of legislatures. It takes much more effort than simply "following orders."
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The first ten amendments to the Constitution are better known as The Bill of Rights. The Bill of Rights was added to the Constitution by some of the framers of the Constitution, because they desired to make very clear to future American generations that these specific rights were to be untouchable and absolutely inviolable. Now governments have assumed regulatory authority over these "inalienable" rights and those responsible for their safekeeping bow to the regulatory bureaucracies. Nothing supercedes the Bill of Rights, it is supreme and its violation would be treason. Furthermore, no one 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 the courts will let them, and sometimes even further. We have all heard the saying, "If you don't know your rights, then you don't have them." Jefferson's warning is similar when he said, "If a people expect to be ignorant and free, they expect what never was and what will never be." Some police departments are actually forcing arrestees to give up their blood for alcohol analysis. Yes forcing; they have several cops hold the suspect down while another puts a needle in his arm to extract the detainee's blood. Such police behavior is wrong and immoral. Gathering evidence at all costs and get all we can on the suspect regardless of how intrusive or wrong our conduct might be!? Are we not sufficiently sensitive or intelligent to recognize when things have gone too far? Can we not see that we are sliding down to the type of government that we entirely rejected just a couple of decades ago? When will a local official stand up for the people and demand that citizens no longer must pay for the mistakes of government employees? You might know this is a 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 in communist dictatorships or banana republics, but not here in America. We get road blocks and raids and dogs sniffing everywhere, beatings and tasers and stun guns and cases after cases of police brutality. Why? Because our nation's
RICHARDMACK TheCountySheriff:AmericasLastHope 39
police are trained that way. It's them against us, we are here to enforce the law, and if we have to, force behavior! What if all police academies trained officers in the importance of the oath and the fundamentals of American idealism? What if cadets were actually taught the Constitution and that adhering to it is more important than writing tickets? When I was a detective in Utah, I investigated a statutory rape case. It turned out that a 13 year-old girl had a 19-year-old boyfriend. The girl's mother reported the boyfriend to the police after she learned the two had spent the night together. I interviewed both the suspect and the victim. Both denied any sexual relationship whatsoever. So we decided that the 13 year-old girl should have a physical examination by a doctor to see if we could detect any signs that she had indeed had sex. We wanted the test immediately in 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 sexual examination. This is where I learned an invaluable lesson! The nurse at the hospital, who worked for the doctor who was to perform the tests, refused to have anything to do with it. "I am sorry, but I will have nothing to do with forcing a young girl or anyone else, to submit to a sexual examination and invade her most private body areas against her will," the nurse exclaimed firmly. The nurse and I had a sincere exchange about the morality of doing these tests to this girl and she convinced me that she was right. And guess what; she was! Forcing witnesses, victims, or suspects to give evidence from their bodies is not a proper role for the police. It is not ours to take. These people are American citizens and they have rights, and control over their person is certainly
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one of them. Yes, the boyfriend walked, but in America, the end does not justify the means. I took the warrant back to the court and explained what had happened. The judge actually agreed with the nurse also, and we both changed our attitudes all because a nurse had the courage to stand for what's right. She did and so can we, and so can our Police servants.
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FOLLOW THE MONEY

ABOUT eight years ago I was headed to a conference in Las Vegas with my son when I noticed a state trooper tailgating me in a dangerous manner. (He was far too close to my car for the speed we were doing on the freeway.) He pulled me over and said I was speeding. I informed him that I was merely going along with traffic during rush hour. He did not like that comment and he did everything he could to start a fight. He even told me he could "take me in the hard way" if I didn't watch my attitude. I told him I was a retired cop and that 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 actions of this "peace officer." I drove all the way back to Las Vegas three weeks later to set a date for trial. I was amazed when I walked in to the court clerk's office. It was a huge building with about 20 tellers all very busy. There were lines of people everywhere and more waiting outside. Inside was a big red neon light showing the number that was now being served. I saw the location to take my number and hurriedly did so. I did not want to wait any longer than I had to. About 40 minutes later my number was called. I handed my ticket information to the teller and she said, "That'll be $140." I told her that I was not here to pay, but to set a trial date. She then told me as if she was reading something for the hundredth time that day, "If you will waive your right to a trial the cost of the ticket will only be $70." I was so amazed
and amused that I actually started to laugh. The teller looked at me without expression. She was bored and did not like her job and just wanted to go home. At least that was the impression I got. Of all the hundreds of "sheeple" that went through this "government collections" office that day, I am sure that I was the only one who noticed the "legal extortion" going on to get the accused to wave their rights to a trial. I wanted to scream to all the other poor citizens standing around waiting their turn for "justice" to, "Take your cases to court! If every one of us asks for a trial they will not be able to schedule them all. Most of them will have to be dismissed because there will not be time to hear them, at least not until the next decade!" But I held my tongue. I surmised that if I had aired my true feelings publicly that some well-intentioned officer would have arrested me for interfering with a "lawful" exchange, or worse yet, for giving legal advice without being a licensed attorney. So, I stood there for a moment and decided that I had had enough fun for one day. "I'll just go ahead and pay the extortion," I said kindly. The teller had no clue what I was talking about. She just handed me a receipt for the 70 bucks and pushed the button for the next customer. I would have left so dejected at what I had just experienced had it not been for the feeling of complete vindication that came over me. All the criticisms I had leveled in speeches, articles, and books about our legal system being based on revenue collecting, all came to life right before my very eyes. The cop, the teller, the officials in charge, the prosecutors, none of them cared about safety or freedom. They were all part of a system to collect money and diminish the probability of costly trials. What a country! What justice! What money!
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Police bring in numbers and Chiefs use these statistics to get more cop toys; assault rifles, computers, stun guns, tasers, patrol cars, SWAT vans, and more manpower, and of course, higher wages for these overworked officers! Look at all the millions of tickets the police write each year. Radar tickets alone bring in over six billion dollars annually. This business of "Taxation through Citation" has become so legion that companies have now begun to help police profits soar to new heights with Photo Radar and Photo Red Light machines. The implementation of these machines was weighed heavily by legislatures all across this country with one primary discussion; "how much money will these machines bring in?" The State of Arizona just extended its use of such machines to help with its foundering budget. Where does all this money come from to begin with? That's right - from the pockets of poor citizens who are already forced to pay for all the other corrupt taxes and debts incurred by our politicians. When is someone going to stand for the "little guy?" Far too often legislators attempt to overcome their own fiscal ineptness by raising the price of fines and demanding that the police issue more tickets and make more arrests. Police Departments are used as revenue agents instead of true servants and guards. As long as the money keeps rolling in most public officials turn a blind eye.
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LEGAL ADVISOR
AS previously stated, the County Sheriff has no supervisor or boss, except for the people. He does from time to time receive "legal advice" from the County Attorney. However, there is nothing that requires the sheriff to follow such advice and, for the most part, it is not legally binding. It would be most interesting to hear the counsel from our nation's County Attorneys as to how they believe the sheriffs and deputies and police should keep their oaths to abide by the Constitution. It would be even more amusing to hear the opinions of our "legal advisors" relative to the sheriff's authority in dealing with rogue federal officers, or any kind of federal officer for that matter. It would be nice and helpful to have the County Attorney on the side of freedom, but it is not necessarily essential. It is hoped that he would keep his oath of office, also. However, most lawyers have been trained erroneously, that the "supremacy clause" of the Constitution grants ultimate power and authority to the federal government. Regardless, this simply is not true. The supremacy clause reads: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or shall be made, under the authority of the United States, shall be the supreme law of the land..." So what is SUPREME? The Constitution is the supreme law of the land and only laws and treaties made pursuant to the Constitution fall within the scope of the supremacy. Thus, the bureaucratic nightmare of DC corruption, which clearly stands outside constitutional boundaries, would and could
RICHARDMACK TheCountySheriff:AmericasLastHope 45
never be supreme or worthy of lawful consideration. Certainly, the County Sheriff has no obligation to go along with those who subvert the Constitution. Even if the County Attorney advises the sheriff to do so. And make no mistake; many of them will do just that. Thus, the sheriff is back at the beginning; his word, his oath, and his duty to freedom. Therefore, the previous points are reinforced by the principle of shared supremacy and reiterated by the conferral upon Congress of only "discreet and enumerated powers" as expressed by the very intent of the Tenth Amendment. If we follow the Constitution and the "supremacy" it entails, miracles will happen for our citizens and maybe, just maybe, the County Attorney will see this and jump on board. We fully invite him to be a part of this most worthy cause. If he is reluctant to do so, we'll move forward without him.
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THE FOUNDERS FINAL WORD

AT the end of the Declaration of Independence, the Founding Fathers made each other a pledge for all to see and witness for generations to come. It reads: "And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor." These brave and dedicated men just put their lives on the line for American Liberty. They were marked as traitors by the British government and would have suffered horrible deaths if caught by the Redcoats. In fact, some of them were. What if we were to make the same pledge today? This pledge the Founders took was not to fellow officers or to another branch of government or to their buddies they drank tea with, they made it to each other, but it was for the PEOPLE! Similarly, we do not make our oaths of office to our sergeants or chiefs or mayors or even our governors; we make it to the people and we owe it to the people to keep our word and keep them protected. We force people to wear seatbelts, but we do not keep our oaths? Who then is guilty of the greater crime? I know this all sounds radical. Standing for freedom and true principles has always been a radical thing to do. The Founding Fathers were all radicals who believed in guns and God. We don't have to do anything "radical" and can stay inside the "mainstream" where it's politically safe, but not much happens in the "mainstream." Everything is status quo
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and you find there what you had yesterday; the perpetual cesspool cycle of corrupt politics. Yet, ask yourself one question. What would it really hurt if we actually tried this? What damage would it cause if all sheriffs and police literally followed the Constitution and refused to have anything to do with its violation? I only see one result; our nation's police and sheriffs become true servants, peace officers and protectors and the people get their freedom back. Is this not what we all want in the first place? To have the sheriffs of this great country stand as the last line in the sand is indeed, the people's last true hope; the hope that somewhere, someone inside the system of government will actually be on the side of freedom. For the tyrant to win; for the tyrant to be successful; for the despot to have his way, the only thing that has to happen is for the nation's police and sheriffs to be convinced that all laws must be enforced. Freedom is thereby destroyed and America 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 shining bright with the warning of impending Redcoat invasions. Nobody ever said your job would be an easy one. But it only takes two people to restore this Constitutional Republic, YOU AND ME. We can be fair, honest, protectors, servants,
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and keepers of our oaths as true constitutional guards. We will allow NO ONE within our jurisdictions to violate the principles of liberty that our country was founded upon. We will protect, defend, and obey the United States Constitution, "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.
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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
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THE COUNTY SHERIFF: AMERICA'S LAST HOPE

FOREWORD BY OFFICER FRED WILLOUGHBY (RET)

THE MAKING OF AMERICA

THE HIGH SHERIFF

THE REAL CRIMINALS

WILL YOU STAND AGAINST TYRANNY?

WYOMING SHERIFFS WALKING TALL

THE OATH OF OFFICE

KNOW YOUR RIGHTS

FOLLOW THE MONEY

THE FOUNDERS FINAL WORD

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