• How to Become a Constitutional Sheriff with Sheriff Mack



  • Aug 7 2024
  • Duración: 27 m
  • Podcast

How to Become a Constitutional Sheriff with Sheriff Mack



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  • Today, the Two Mikes spoke with Sheriff Richard Mack, who was a constitutional sheriff in Graham
    County in southwestern Arizona. He also is the founder and the president of an association named the
    Constitutional Sheriffs and Peace Officers Association (CSPOA, https://cspoa.org) which is holding its
    annual conference in Orlando, Florida on 7 September 2024. The CSPOA’s membership includes about a
    thousand of the republic’s constitutional sheriffs – one-third of the country’s total number -- many of
    their subordinates, and it is open for membership to all American citizens interested in its non-violent
    effort to restore constitutional government to all of the United States, with a special emphasis on fully
    restoring the Bill of Rights. Sheriff Mack noted that the constitutional sheriffs swear an oath of
    allegiance to the U.S. Constitution and so can act in protection of life, liberty, and the pursuit of
    happiness – the latter refers to the accumulation of personal property – and, for example, can block gun
    seizures, protect churches and businesses from mandated closings, as in the case of Covid, and prevent
    the outrageous denials of liberty we have seen against Amish farmers in Pennsylvania and other farmers
    around the country. In essence, Sheriff Mack said, the maintenance of the peoples’ liberty is the
    constitutional sheriffs’ sole responsibility. It also should be noted that Sheriff Mack managed to achieve
    the almost impossible when he launched a personal law suit that made its way to the Supreme Court –
    and he won! In the case of Mack-Vs-United States (1995), Mack challenged the legality of “The Brady
    Handgun Violence Prevention Act (Brady Bill) required ‘local chief law enforcement officers. (CLEOs) to
    perform background-checks on prospective handgun purchasers, until such time as the Attorney
    General establishes a federal system for this purpose.”(1)
    --the Supreme Court constructed its opinion on the old principle that state legislatures are not
    subject to federal direction. The Court explained that while Congress may require the federal
    government to regulate commerce directly, in this case by performing background-checks on
    applicants for handgun ownership, the Necessary and Proper Clause does not empower it to
    compel state CLEOs to fulfill its federal tasks for it - even temporarily. (2)
    Sheriff Mack’s argument not only won the case, but, in its decision, the Supreme Court also stuck a blow
    in favor of state’s rights by reasserting the constitutional fact that state legislatures are not vassals of
    the federal government. Indeed, the Founders intended the states to be a check and balance against the
    steady expansion of federal power. That undesirable and Constitution-wrecking expansion is now a fact
    and it appears that constitutional law enforcement officers may well be our last, best chance to prevent
    the federal government from solidifying itself as a vast concentration of dictatorial power.
    The text of the majority decision – written by Justice Antonin Scalia -- in Mack-vs-United States (1995) is
    available in a pamphlet at https://www.cspoa.com, as well as elsewhere on the internet.

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