-Caveat Lector-
Can someone explain the constitutionality of this for me ?
It seems to me that:
- If the federal authorities have a constitutional right to exercise their
powers in the state, then the powers of the Sheriff are not relevant.
Accordingly, there would be no reason to consult him.
- Presumably, whenever a federal powers attempts to act they would suggest
their actions are constitutional (even if they are not).
- Ipso facto, there is no reason to consult the sheriff.
Can someone explain if and where this analysis is wrong ?
Finally, isn't it the job of the courts (rather than state employees) to
determine the cosntitutionality of a federal authorities actions ?
Regards
Paul
-----Original Message-----
From: Troy Griggs <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
Date: Sunday, 14 March 1999 12:38
Subject: [CTRL] FW: too cool....
> -Caveat Lector-
>
>----------
>From: Dan Syes <[EMAIL PROTECTED]>
>To: Troy Griggs <[EMAIL PROTECTED]>,
>Subject: too cool....
>Date: Sat, Mar 13, 1999, 11:46 AM
>
>
>
>
>
>
> Wyoming Sheriff Kicks
> Feds Out Of His County
> From Rich Kuchinsky ([EMAIL PROTECTED])
> From The Jubilee Newspaper Vol.9, No.6
> 3-9-99
>
>
> Sheriff Dave Mattis of Big Horn County, Wyoming, said
>this week
> that as a result of Case #96-CV099-J, U.S. District
>Court, District of
> Wyoming, he how has a written policy that forbids
>federal officials
> from entering his county and exercising authority over
>county
> residents unless he is notified first of their
>intentions.
>
> After explaining their mission, Mattis said he grants
>them permission
> to proceed if he is convinced they are operating within
>the legal
> parameters and authority limitations set forth in the
>U.S.
> Constitution.
>
> The sheriff grants permission on a case-by-case basis
>only. When
> asked what, if any, repercussions he had gotten from
>the Feds, he
> quickly and confidently replied, "None whatsoever." He
>explained by
> saying, "They know they do not have jurisdiction in my
>county
> unless I grant it to them."
>
> Mattis clarified his position by saying the federal
>court had ruled then
> state of Wyoming is a sovereign state and the state
>constitution
> plainly states that a county sheriff is the top law
>enforcement official
> in the county.
>
> Additionally, Sheriff Mattis contends that the U.S.
>Constitution,
> Article 1, Section 8, clearly defines the geographic
>territories where
> the federal government has jurisdiction. Amendment X,
>he said,
> states that "the powers not delegated to the United
>States by the
> Constitution, nor prohibited by it to the States, are
>reserved to the
> States respectively, or to the people."
>
> Therefore, Mattis thoroughly believes the Feds have
>very limited
> powers in any state unless the local high-sheriff
>allows them to
> exercise power beyond that which the Constitution
>provides.
>
> "Put another way," Mattis said, "if the sheriff doesn't
>want the Feds
> in his county, he has the constitutional power and
>right to keep them
> out or ask them to leave."
>
> Accompanied with other legal interpretations Mattis
>stands on the
> definition of the world "sovereign," which is defined
>by Webster's as
> "paramount, supreme. Having supreme rank or power.
>Independent:
> a sovereign State."
>
> Mattis said he grew weary of the Feds coming into his
>county and
> running rough-shod over county residents: i.e.,
>illegally searching,
> seizing property, confiscating bank accounts,
>restricting the free use
> of private lands and other abuses, without a valid
>warrant and
> without first following due process of law as
>guaranteed by the
> Constitution to every citizen.
>
> As long as Mattis remains sheriff he says he will
>continue to see to it
> that the citizens of his county get their day in court.
>
>
> Mattis went on to say that, to his knowledge, even the
>IRS has not
> attempted to seize any citizen's real property, bank
>account or any
> other private-owned possessions since he ran the Feds
>out of his
> county.
>
> Sheriff Mattis emphasized that he is not a radical man.
>He said he is
> only dedicated to protecting the constitutional rights
>of the citizens of
> his county.
>
> He added that ordinary citizens are not the only ones
>bound by and
> expected to obey laws. Elected officials and government
>employees
> at all levels of government are also bound by and
>should be expected
> to obey certain laws.
>
> As long as Sheriff Mattis is the high-sheriff of Big
>Horn County, he
> seems determined to make sure private citizens and
>government
> officials alike act within the law and their designated
>powers.
>
> Sheriff Mattis came across as a soft-spoken, polite man
>whose only
> interest is protecting the citizens he was elected to
>serve. That being
> the case, he might be the sheriff for as long as he
>wants to be.
>
> Sheriff Mattis is hopeful that other sheriffs will
>assume the same
> stance.
>
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>==========
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DECLARATION & DISCLAIMER
==========
CTRL is a discussion and informational exchange list. Proselyzting propagandic
screeds are not allowed. Substance—not soapboxing! These are sordid matters
and 'conspiracy theory', with its many half-truths, misdirections and outright
frauds is used politically by different groups with major and minor effects
spread throughout the spectrum of time and thought. That being said, CTRL
gives no endorsement to the validity of posts, and always suggests to readers;
be wary of what you read. CTRL gives no credeence to Holocaust denial and
nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
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http:[EMAIL PROTECTED]/
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