Here’s one the mainstream media isn’t going to tell you: County sheriffs in Wyoming are demanding that federal agents actually abide by the Constitution, or face arrest. Even better, a U.S. District Court agreed according to the Keene Free Press:
The court decision was the result of a suit against both the BATF and the IRS by Mattis and other members of the Wyoming Sheriff’s Association. The suit in the Wyoming federal court district sought restoration of the protections enshrined in the United States Constitution and the Wyoming Constitution.
Guess what? The District Court ruled in favor of the sheriffs. In fact, they stated, Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official.” Go back and re-read this quote.
The court confirms and asserts that “the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers EXCEEDING that of any other state OR federal official.” And you thought the 10th Amendment was dead and buried — not in Wyoming, not yet.
Bighorn County Sheriff Dave Mattis comments:
“If a sheriff doesn’t want the Feds in his county he has the constitutional right and power to keep them out, or ask them to leave, or retain them in custody.”
“I am reacting in response to the actions of federal employees who have attempted to deprive citizens of my county of their privacy, their liberty, and their property without regard to constitutional safeguards. I hope that more sheriffs all across America will join us in protecting their citizens from the illegal activities of the IRS, EPA, BATF, FBI, or any other federal agency that is operating outside the confines of constitutional law. Employees of the IRS and the EPA are no longer welcome in Bighorn County unless they intend to operate in conformance to constitutional law.”
The implications are huge:
But it gets even better. Since the judge stated that the sheriff “has law enforcement powers EXCEEDING that of any other state OR federal official,” the Wyoming sheriffs are flexing their muscles. They are demanding access to all BATF files. Why? So as to verify that the agency is not violating provisions of Wyoming law that prohibits the registration of firearms or the keeping of a registry of firearm owners. This would be wrong.
The sheriffs are also demanding that federal agencies immediately cease the seizure of private property and the impoundment of private bank accounts without regard to due process in Wyoming state courts.
This case is not just some amusing mountain melodrama. This is a BIG deal. This case is yet further evidence that the 10th Amendment is not yet totally dead, or in a complete decay in the United States. It is also significant in that it can, may, and hopefully will be interpreted to mean that “political subdivisions of a State are included within the meaning of the amendment, or that the powers exercised by a sheriff are an extension of those common law powers which the 10th Amendment explicitly reserves to the People, if they are not granted to the federal government or specifically prohibited to the States.”
It appears to me that one office where the Libertarian Party should focus it’s limited resources is County Sheriff. The change that could be made is nothing to laugh at. Meanwhile, there are still a bunch of nuts wasting valuable resources supporting those that seek offices that will never be won.
Interesting. Ultimately, it’s a decision that will most likely be overturned. Federal law trumps state law, this is a basic fact of federalism. It’s only limitation is on actions that only the state can have.
Furthermore, this judge is incorrect. A state is not a soverign state. That has been derailed constantly for the last hundred years.
I know the liberatarians are up in arms about this and are happy. Just remember, Constitutional Law is something that no political affiliation can ultimately change at will.
Good post!
Hmmm, I thought we were a republic?
Constitutionally it is.
thanks for inviting me to your website.
quite a simple page but with informative content.
well done.
A state is not a sovereign state? Any attorney will tell you there are two sovereigns in matters of Criminal Law, State and Federal. That’s why Michael Vick can get charged twice for essentially the same crime.
Federal Law trumps State Law? What part of the 10th amendmemnt isn’t clear? Do you even know what it is? Do you understand the difference between “rights” and “powers”, and who has which? Where do powers inherently reside? What about rights?
Y’all need to study the Constitution and come back when you’re a little more educated.
You’re ignorant children. Time to grow up. You’ve got maybe 4 years.
peace+freedom
First,I am not a libertarian. Ferny is mistaken. EACH state IS sovereign. The states are as foreign countries to the Federal Government. The Fed’s do not want you to know that. To be legal and constitutional a Federal agency must go to the local sheriff to obtain permission to “work” within his county. Go to www. paragonfoundation.org
The reason someone might be confused about State sovereignty could be due to the fact that no one challenges the feds on these issues. The feds have made all kinds of statutes, rules and regulations that are in conflict with the supreme law. These courts are a scam that prey on people to generate revenue. Volumes and volumes of “hindrances”, are authored and laid against the people to encroach on their freedoms. These encroachment are presented to us in the “color of law” but in actuality are no law at all. The attorneys are given procedures in which to abide by but no challenges to whether charges are constitutional usually arise because they are playing the game as officers of the court. We could clean-up a lot of courts if we simply remove the authority of the judges and force them to be referees as they should be and let people have access to JURIES. The biggest criminals in this nation are JUDGES. When the sheriffs of counties allow the feds to feast on the people he has sworn to protect he would be equally as guilty of the infringement as the low-life’s that issued the false warrant. I encourage everyone to stand behind a sheriff that stands up for his electors. Maybe one day we could possibly get a few freedoms back. Thanks sheriff. Remember Mr. Young a real judge would be on the look-out for any stealthy encroachments on the rights of people in his court. The judges we have today are mostly arrogant trash. The federal government was merely the “federation” of states there was no IRS there was no FBI. The FED doesn’t trump a damn thing, unless you let them. This sheriff was 100 percent correct in defending his people against these encroachments. Oh, and Mr. Young, The sheriff is the highest ranking official in every county. The only reason the Feds are more than a figment of our imagination is because of sheriffs that are more worried about being on the federal tit than being a sheriff. God Bless real lawmen. God Damn the phonies.
States seldom challenge the feds these days, because that last serious attempt (in 1861) ended badly.
I’d say the War Of Northern Aggression wasn’t a total loss. Thinned out them damn yankees a bit. Not only that, but it showed the truth behind the fiction of the state.
I highly recommend Ayn Rand’s “Atlas Shrugged” to show how our country is going down the path of ultimate self destruction.
Ferny Reyes:
Read Art. VI of the Constitution:
“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, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”
For those who can’t read: Federal law “trumps” state law only if it is made IN PURSUANCE of the Constitution. It does not say “in violation of the Constitution”. This includes (supreme court) judge-made law.
I rest my case.
This is a good piece. Too bad more won’t follow the good sheriff’s example. The reason a lot of people believe that the fed “trumps” the states is because they can (if you let them!). It should be no mystery that this government is totally corrupt and complicit. When these thugs operate in various states they have the “tacit” approval of the local authority.
The local authority DOES have the right to throw them out but they don’t. It’s a rigged game. The problem is “we the people” are the defacto losers. Most of these local officials are as corrupt as their “heroes” in D.C..
Now, parties like the Libertarians have a chance to do some real good locally. Running candidates that are honorable and genuinely a choice from the standard mutts is a real chance to take back control. They take our money and use it against us. Why do we let them?
Clearly the head parasites federally couldn’t care less what we think. Locally it could be a different story. If people take the time and put in the effort to control their destinies locally the future could be something to look forward to. If we continue to act like ‘victims’ it will be a self-fullfilling prophecy.
I’m moving to Wyoming to support my local sheriff
I was listening to Jack Blood today on radio, gcnlive, and he had on excellent guest, Sheriff Richard Mack. Sheriff Mack is definitely a Ron Paul supporter and of course like all of us he wishes Ron Paul was the head of the pack on the republican nomination. And now to further strengthen the Ron Paul liberty rEVOLution he is promoting the education of all County sheriffs (and those that work for these sheriffs) with respect to knowing the constitution especially the 10th amendment. I believe he actually gives classes on this very thing.
His email address is sheriffmack@hotmail.com to get more information.
Mack really knows his stuff.
We should all call up our sheriffs and tell them about this amendment and when we vote for County Sheriffs we should make sure that they will uphold the 10th amendment and even take classes from Sheriff Mack to know their full rights against a overpowering federal government.
Sheriff Richard Mack’s website:
Constitutional Law Enforcement Association The Last Line of Defense
http://constitutionallawenforcementassoc.blogspot.com/
He has written an article entitled:
The County Sheriff – the ultimate check and balance
It talks about the tenth amendment of the constitution. This is an extremely important amendment because it delineates what the federal govt rights are and what the state and individual citizen rights are.
Here are some highlights but I REALLY RECOMMEND READING THE ENTIRE ARTICLE since nearly every sentence is a GOLD NUGGET !!!!!!!
Most of the unbelievers [unbelieving sheriffs], who themselves have taken a solemn oath to “uphold and defend” the U S Constitution, will passionately and even apologetically exclaim that they have no authority or jurisdiction to tell federal agents to do anything, let alone stop them from victimizing local citizens. The truth and stark reality is that it’s just the opposite; the sheriff has ultimate authority and law enforcement power within his jurisdiction. He is to protect and defend his citizens from all enemies, both “foreign and domestic.”
The point remains, if any abuse occurs in your county by federal officials; does your sheriff have the guts and the authority to protect and defend you? Does that question not sound redundant? Is he not bound by oath to do just that?
Yes, he has the right and the duty to do so. In Mack/Printz v USA, the U S Supreme Court declared that the states or their political subdivisions, “are not subject to federal direction.”
The sheriffs sued the USA (Clinton adm.) and won a major landmark case in favor of States’ Rights and local autonomy. In this ruling by the Supreme Court, some amazing principles were exposed regarding the lack of power and authority the federal government actually has. In fact, this is exactly the issue addressed by the court when Justice Scalia opined for the majority stating, “…the Constitution’s conferral upon Congress of not all governmental powers, but only discreet, enumerated ones.”
Scalia then quotes the basis of the sheriffs’ suit in quoting the Tenth Amendment which affirms the limited powers doctrine, “The powers not delegated to the United States by the Constitution…are reserved to the States respectively, or to the people.”
Thus, the federal government has no more authority to compel the states or the counties to do anything, no more so than the Prime Minister of Canada has.
I rest my case.
Way to go sheriff, it is about time someone stood up to the scumbag, lowlife ,Government.They(and I include FBI,IRS, CIA,and most all other Government operatives)are the most CORRUPT,CROOKED,CRIMINAL ELEMENT in the United States and YES they violate our constitutional rights on a daily basis
Actually, the Feds have very little jurisdiction in a State. ONLY when the state Cedes property to the fed does the fed have jurisdiction in that area. I know you all will come up with a thousand examples of why this would be false, but unless you read the linked legal brief on Federal Jurisdiction, you can’t really argue the point. Why is it some states have helmet laws and others don’t? It’s a mandate not enforceable by the feds, so they hold back highway funds as blackmail. Arizona has no helmet law, as other states I am sure.
Read the jurisdiction legal brief.
http://oldsecretsandlies.blogspot.com/2008/01/legal-brief-on-federal-jurisdiction.html
One of the chief problems in the U.S. is that the Federal government has been acting in a manner over the past 50 years that makes the constitution completely negligable. It all started with Executive Orders. There IS no provision in the constitution for Executive Orders. But ever since they started issuing them under the guise of “National Security” (which is really just a non-official cover that allows the Federal Government to engage in criminal activity), this trend towards shirking constitutional responsibility and public accountability has continued to grow to uncontrolable levels. But it always HAS been law that the Sheriff IS the highest law enforcement official in each country, which DOES supercede any Federal authority. But not even all SHERIFFS know this, and many have allowed themselves to be bullied by Federal authorities. Yet, I’ve seen it happen where sheriffs DO give the Feds the boot from time to time.
ooops… COUNTY… not country
Here’s a man to add to your list of Ron Paul Republicans. He’s a great man for the job!
http://steven2008.com/
A state is a sovereign state if it has the ability to be. Rights come from ability, not from law.
[...] 30, 2008 in White Rose Wyoming sheriffs put feds in their place Here’s one the mainstream media isn’t going to tell you: County sheriffs in Wyoming are [...]
We need the sheriff and his posse in Congress.
Maybe they could deal with the Zionist Israelis who seem to have more power than our traitorous Congress people.
So when are the Wyoming Sheriffs going to arrest that idiotic Constitution killer in Casper Wyoming? Y’all know who I am talking about.
First, let’s be careful to keep in mind those powers that are truly the Fed’s and those which are the states’. Don’t go getting yourselves chot up defending a power you don’t have.
Second, a major reason for the confusion among the public (and the state officials, I’ll wager) is Hollywood. Have you ever seen a movie where the Fed didn’t ride roughshod over the locals?
Nope. Now, I’m not one to blame Hollywood for anything, but this sort of misrepresentation seeps into the consciousness after so many decades.
Here’s hoping the Good Sheriff’s education campaign spreads – and that TPTB don’t take him out.
Cheers
shot up… lordy….
Enemy Number One: Zionist, Dual-Citizen Israeli’s. Shoot to kill. Period.
The lie they have been using to take your rights
http://patriotsquestion911.com
More power to Wyomong! Wouldn`t it be nice if this were a precedent for the brainwashed, clueless people of the good ol` usa to wake up and reclaim their country? One can only hope.
And I 2nd what Guess What says. I`m glad to see there are still a few people in your land that actually have a clue and see what`s transpiring. And you folks might want to practice your 2nd amendment rights while you still can. Buy as many guns and rifles and ammunition as you can while you can. Learn basic shooting and gun handling skills-just in case you ever need it. Your founding fathers would be proud of you.
It is uplifting to see there are still some who understand many of the wrongs brought on by a mofia Government. The irs was invented illegally I might add by what is called the federal reserve which is no more part of the Government than the federal express. Its a banking cartel no different than the mofia. These internationalist made this happen in 1913 and imposed a illegal tax on the people to pay for the illegal government borrowings. The irs is just as illegal as the fed. As some have stated we are controlled by zog, and as long as they have complete control of all communications they can accomplish all their agendas!
If a state can not be soveriegn then why can no one be sued in North Carolina. It is a soveriegn state thats why.
We are challenging the federal laws and winning pre-arraignment. These documents can be tailored to fit any victimless crimes, they are free at
http://www.brothersformercy.org
Can’t seem to find this case.
If anyone has a citation for it and could email it to me, I’d appreciate it very much.
Liberty & Justice,
SJ
http://www.spartacusjones.com
Great job Wyoming!
Glad to see someone has read the 10th Amendment.
Dead Eye is an Agent of Old Europe.
The Shrub is a direct descendant of
Old European Aristocracy threw his Mom.
Ever wonder why, he is such a pompous A-s hole?
European spanker’s rule America now.
Threw their Corpirate Shell Companies.
Slash, Burn and Pillaging America.
they are always ready to flee at a moments notice.
Where were they all on 911?
Standing at the exits.
Just in case the Cu was stopped or discovered.
Georgie was hiding in Florida ready to
Fly the coup.
We fought and won a War of independence from
King George III
and now we are being ruined by
his direct descendant:
King George II
How clueless are the American Sheeple?
(wipes tear of happiness from her eye, sniff)
Good on Wyoming, if for no other reason except to bring to the public eye what has been done to our (former) republic by elitists who dumped their revolutionary and civil war debts on We the People.
Come on: The central bankers control the world via war debt. They did it yesterday and they do it today. Ever since America defaulted on its war loans we’ve been taking it up the arse from the Crown and the Vatican, who literally OWN us. We were repossessed, like a car.
In the late 1800s Congress CHANGED the Constitution for the United States of America to the Constitution of THE UNITED STATES (note all caps, it’s a legal distinction) which is not a land mass but a corporation based out of Washington D.C.. We the People are not a party to this Constitution unless we are a part of the Federal machine (DC residents and employees,including residents on Federal property such as the military).
There’s a reason we don’t learn about the Civil War RECONSTRUCTION in school. They don’t want us to know just how badly we were fecked over, and they DON’T want us to know we’re still sovereign. It’s a total mindf*ck. We stopped being a Republic after the Civil War. The UNITED STATES operates under “guilty until proven innocent” maritime law and YOU are a “vessel:” http://www.law.cornell.edu/uscode/18/usc_sec_18_00000007—-000-.html
TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE”> TITLE 28 > PART VI > CHAPTER 176 > SUBCHAPTER A > § 3002
§ 3002. Definitions
As used in this chapter:
(14) “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.
(15) “United States” means—
(A) a Federal corporation;
(B) an agency, department, commission, board, or other entity of the United States; or
(C) an instrumentality of the United States.
(PS: The next time you need to SWEAR on something . . . )
§ 1746. Unsworn declarations under penalty of perjury
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)”.
(2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”.
(So WHERE, pray tell, is the ORIGINAL Constitution? Your guess is as good as mine. I wonder what’s in it? Welcome to the Rabbit Hole: It’s a labryinth.)
http://smallbusiness.dnb.com/webapp/wcs/stores/servlet/ProductSelection?dunsNumber=1&busName=EXECUTIVE%20OFFICE%20OF%20THE%20PRESIDENT&storeId=10001&catalogId=70001&productId=0&address=1600%20PENNSYLVANIA%20AVE%20NW&city=WASHINGTON&state=DC&zip=205010001&country=US
This is the Dun and Bradstreet info on the Executive Office, just in case there is any question! Wish we didn’t have to BUY the info to see it.
I reside in Massachusetts and have sent this article to all the Sheriffs departments throughout this state, with hopes that they will know their authority and exercise it. Great job Wyoming!
I heard that Karl Rove has opined that this may the thin edge of the wedge – the only advantage he sees is that Wyoming is only a backwards and insignificant state.
Disband the zionist leech masquerading as our federal government.
Burn washington to the ground and salt the earth and cordon it off as a memorial to treason.
Return to state rule and local economies.
We will have america again at that point, instead of this Israeli ruled slave nation
Let’s not forget. If you want a Class 3 weapon the ATF requires “local” law enforcement approval. This is furthur recognition of local authority raining supreme.
Jason
Alex Wallenwein, you are referring to the United States, which is a federal corporation made up of federal jurisdiction States (notice the capitalization), DC, the outer laying US territories. This suit was in regards to the state of Wyoming (no capitalization), not the State of Wyoming.
The states are different from the States.
They deliberately make it confusing by obfuscating the situation with legal lingo.
There is a disgusting overlay of federal jurisdiction that has suffocated the individual states of the Union. It impedes, it controls, it taxes.
And it deceives. With regard to the states, they indeed ARE foreign in relation to the federal government but the States are not.
Under the constitution the organic states are sovereign and the sheriff is a constitutional common law officer who is to protect the people. The corporate states are overlaid upon the sovereign states so no one really knows the difference. Under this commercial (debt) system there are no common law officers left except the sheriff.
The major problem with this is that most local governments – and by “local” I mean State, County, and City – have become totally federalized by virtue of agreements which they have signed with the Feds… agreements made for the sole purpose of receiving “grant” money… which is universally either money that has just been created out of nothing by the “Federal” Reserve Bank system or been extorted from the Local citizens in the form of various taxes and fees.
Some of you may be old enough to remember – and those who aren’t can go look it up – but such things as the Seatbelt laws, “breathalyzer” laws, old 55-MPH speed limit, and 21-years-old drinking age were all forced on the states by the Fed threatenting to withhold highway “fund” money if the states refused – money which came from the gas-buying citizens in the first place. Now, in addition to those sorts of things, we have nearly every law enforcement agency (and other public) agencies receiving Fed money grants and signing over sovereignty as they suck at the Federal teat. Tell the sheriff to tell the Feds to f*ck off, and he’ll probably tell you he’d have to fire half his people, and he can’t fire the jailers, because of all the criminals (most of them federal inmates) in the County Jail.
Rock. Hard place. What next?
[...] From Disinter’s website: [...]
States seldom challenge the feds these days, because that last serious attempt (in 1861) ended badly.
It’s not just this. The Feds provide a great deal of money to local law enforcement, much of it from the specific agencies mentioned in the article to essentially bribe the local law for their support and cooperation through various joint enforcement programs.
Dave
wow i wished i live there , local authorities standing up for local people . wow!
That sheriff deserves good things and good will towards him. As the even flow goes.
Good job this is the America everyone loves.
Wyoming sheriffs put feds in their place | politikly.com
\r\nCounty sheriffs in Wyoming are demanding that federal agents actually abide by the Constitution,
As one who enforced the law, not as a lawyer but rather as a Cop, I can advise that there is a pecking order to the priority of legal statutes. On a topic of overlapping statutes, local Municipal or County Ordinances are superceeded by State Law. State Law is superceeded by Federal Law. As a City Police Officer, I primarily enforced Municipal and State Law, but on occasion did get into arrests for Federal Law, primarily in the area of Narcotics and Firearms violations. The Court ruling referenced is only one Judge, likely a local guy giving his biased opinion. As anyone who has worked with the Feds can tell you, most are good to work with and many have been local Cops themselves before moving on to the big time. There are also some bad ones out there, just like there are a few bad local Officers. The first Sheriff in Wyoming who tries to arrest a Federal Agent or intefere with their investigation will get hit with a ton of bricks. All Federal aid and financial support to that County will be cut and the U.S. Marshals Service will be there in a blink of an eye to release the Federal Agent and arrest the Sheriff for Obstruction of Justice. In these times of heightened security due to Homeland Security issues, I wouldn’t want to be the Sheriff who tries running into the brick wall head on. States rights only go so far. Let’s see what happens as this matter moves up the judicial chain to the Court of Appeals and Supreme Court.
Thetruth Says: Disband the zionist leech masquerading as our federal government. Burn washington to the ground and salt the earth and cordon it off as a memorial to treason. Return to state rule and local economies. We will have america again at that point, instead of this Israeli ruled slave nation
Spoken like the Nazi skinhead you likely are. I bet you wake up every morning an give a Seig Heil to your hero Adolph Hitler. You are a pitiful excuse for a human being, just as was Adolph. Sorry to be the one to break the bad news to you skinhead, but your time has come and gone.
>RE: Patrick Says:
>March 31, 2008 at 12:24 pm
>As one who enforced the law, not as a lawyer but >rather as a Cop…………
Snipped for being pure drivel.
Don’t you have some jack-boots that you should be licking? Take your BS elsewhere. Freedom loving Americans don’t want, nor do they need it.
Well, come on now, don’t blame the israelis—most people who don’t own land and don’t care to work benefit from limited liability existence as a person instead of full liability existence as a man.
We have no one but ourselves to blame—IMO scapegoating the “ZOG”/Israelis only makes you look paranoid and ridiculous. It’s a lot easier to blame a conspiracy of others than your own neighbours who’d rather drink a six pack and watch sports every night than read their constitution.
It stops as soon as we want it to stop—the question, really, is “who are we?”
“Furthermore, this judge is incorrect. A state is not a soverign state. That has been derailed constantly for the last hundred years.”
As the right of succession has not been revoked, (the civil war did not resolve that issue) I would suggest that any state can override federal law by the mere fact that it can legally remove itself from the Union. Nowhere in the constitution does it grant or PROHIBIT the right of the states to succeed. The 10th amendment clearly states that all rights not specifically granted the federal government, nor specifically denied to the states, shall be maintained by the states.
Therefore we must conclude every state is sovereign and has right to self governance without interference from the federal government, if it so chooses.
Nice to see there are still a few good cops out there.
Most of us are living in a twisted mafia and crooked cop nightmare, where instead of going after the criminals the cops are working in tandem with them to rob you of your property. Criminals with badges are the worst kind of criminals because they have a license to get away with anything.
Patrick ,
I do not know enough about the law to argue any case , it does seem reasonable what you put forth . I do hope however that the judge and Sheriff are correct .
Many of us not involved in the , or empolyied by the goverment have come to feel very , very nervous about what has really happened both real and imagined to our rights , and what has happened to our goverment these last 8 yrs in general , being ( or having been )in law enforcement , I would like to hear your take on what seems to be a police state in the making .
No insult intended or implyied , because you also have rights and have lost them , along with all other Amercians .
I heard from one source this story of Sheriff Mattis was overblown into urban legend…I was going to publish it in my newsletter until I could not get any response from anyone involved, neither the sheriff, nor the article author, nor the management of the publication…anyone tried to verify the case number or verify anything else about this story?
It is good to see some good coming out of a bad fed govt. that just keeps getting worse. You only mentioned one sheriff. I know of another and he is in Albany Co., and he isn’t much good in my mind. I had a theft, and he wouldn’t even answer my complaint. When he was enjouned in a suit, he got the AG to send responses, but Pond never even answered. We have a lot of bad ones in a so called authority, who think they are the masters and not the servants
“Ferny Reyes Says:
February 20, 2007 at 9:48 am
Interesting. Ultimately, it’s a decision that will most likely be overturned. Federal law trumps state law, this is a basic fact of federalism. It’s only limitation is on actions that only the state can have.
Furthermore, this judge is incorrect. A state is not a soverign (sic) state. That has been derailed constantly for the last hundred years.”
What?! a state is not a sovereign state?! Federal law trumps state law?! You obviously have ZERO knowledge about which you speak. Federal law trumps state law ONLY insofar as the states have “delegated” the subject matter to the Feds. I.e. Federal questions are entertained under Federal rules. Furthermore, erroneous decisions are just that “erroneous.” I.e. any law repugnant to the constitution is a void law. And what’s more, since when do the courts “make” law? If Federal law trumps state law, show the “constitutional” amendment repealing the Amendment X.
Do some research besides looking in the “everybody knows” code. Embarrassing.
Try this on for size…the reality is that federal government and all its statute laws only have jurisdiction in federal territories. This means not only do they not “trump” state law, they have no jurisdiction over most Americans, period…that is unless you happen to reside in federal territory. Who lives on federal land? Federal employees. Guess what, they are subject to federal law but we are not. Congress makes laws for its members’ and it applies to them and their fellow federal officer’s. These federal employees are required by their own laws to file and pay taxes, YOU ARE NOT A FEDERAL EMPLOYEE SO YOU DO NOT HAVE ANY LEGAL DUTY NOR ANY OBLIGATION TO FILE AND PAY INCOME TAX! The Sheriff is our friend and should be applauded for doing the right thing. I love it!
By the way, we need to elect a president of the United States of America instead of what we have had for the past 200+ years. What we have had and currently have is a president of the United States. That’s right, take a look at the presidential seal and everything associated with the executive office. The words “of America” do not appear anywhere….except in the US Constitution. Hmmmm, I wonder why? Could it be there are more than one president in the constitution? I am so glad you asked that! Why YES, in fact the president of the United States of America takes an oath to SUPPORT AND AFFIRM the US Constitution. the president of the United States takes a different oath. We have all heard this oath which the president of the United States takes infront of the entire world. That is that he (or she in the case of Hillary) takes an oath to “preserve, defend and protect” the US Constitution. Hmmmm, those words have very different definitions and therefore mean completely different things. Check it out in ANY full copy of the US Constitution. Read Article one sections 1 and 2 about the president of the United States. Then read on about the president of the United states of America. Article 6 (VI) defines the oath that the president of the United States of America and you should read it for yourself. Discover the truth and it will set us all free!
where I agree with Patrick is that not all Federal agents are bad, and like others i don’t know a lot about the micro specific of your laws so i can’t comment on the pure legality of the matter, but What i do believe is that Local authorities should be able to protect Local individuals in their jurisdiction AGAINST the other guys you were talking about Patrick.
That is essentially the legal point is it not?
When normal Americans don’t feel represented by their federal government any longer and trust has lost its way a local friend or a community is all one has.
do they not?
And I don’t believe I am underestimating the general feeling there.
And that is not a stab at the US government or President as such so more as the Corporation that administers it.
disagree?
The US Constitution is above everything and it is up to each individual American citizen to uphold it. That is why minutemen and patriots exist and we still have the constitutional right to have arms and carry out citezen’s arrest in case anybody violates our Constitution.
Freedom ringer, while this may be true, if you LIVE in a federal jurisdiction, they consider you privy to federal jurisdiction.
There is one big country here, the United States – it is a created corporation and under the direct control of the federal government; and the united states of America (note the small letters on united and states) – a compilation of all the states of the Union.
The feds did this so their color of law could be applied across the nation.
You need to live as if you are a citizen of your SPECIFIC STATE, not a U.S. Citizen, because the latter tells the government that you are a federal citizen residing in the federal territories, rather than a U.S. National, which would be someone who is a citizen of a specific state (like Illinois or Wyoming) and because of that, is a national of the United States but not a U.S. Citizen.
It’s simple because a jurisdiction is fully A CHOICE. They cannot force you to be a U.S federal Citizen, the one that is subjected to the whims of the US federal government.
Use of a zip code is also a way of identifying you as a federal citizen. The zip code was actually created by the IRS for zoning purposes and then adopted by the federal government (because all criminals need a partner in crime) to determine who is a Citizen since the IRS can only tax U.S. CITIZENS and not nationals or specific state citizens.
If you open mail to someone with your name (except perhaps all capitals in your name) and zip code, you are accepting that you live in a federal IRS zone.
The problem is the local, county and state governments make it difficult for you to pursue your true citizenship.
Keep in mind that there are at all times two states – one is a federal jurisdiction state that is the State of Wyoming; and the other is the state in which you were born, the state of Wyoming or Wyoming state.
You live in the united states of America, not the United States of America, for the latter is a federal jurisdiction and well, as a real person, born naturally, how can you be “owned” or a Citizen of a corporation??
Anyone know if it is true that the only law man that can arrest the President of the United Status is a US Marshall?
If so, would someone tell GWB that he needs to go to Wyoming!
We are going into the information age. We have hundreds of years of history to look at and decide on how we want to be governed. The ones who live in the past and think they can have Power over another is long dead. Bush sealed his and and his fathers records big deal we will just vote to unseal them. The Power has always been the Peoples the information age gives them the Power. The meak shall inheart the earth.
case in point. All companys who pea test there employees we will make a law saying all top manegment has to be pee tested and if they come up dirty they lose there job and can never work in management again. it is called Freedom how dare you use economics to f*&% with our freedom! Becarefull when you kick the beast you may end up in it belly., ed
[...] was emailed this article by a Ron Paul acitivst and intrigued about a court case that affirmed the powers of the county [...]
I also e-mailed this to Ron Paul . An interview and then posted on youtube would get alot more attention .
I’m on my way to Wyoming. Finally a state with some balls.
[...] Puts Feds in Their Place WYOMING SHERIFFS PUT FEDERAL OFFICERS ON CHOKE CHAINS [Free Republic] Wyoming sheriffs put feds in their place disinter [...]
Constitutionally State has power above federal read 10 ammendment. This is a great step and finally a sherif with balls! I am in LOVE! How do you get added to your list of Ron Paul republicans? I am running in Oregon!
[...] Your New Sheriff Be a Hero? While honorable Sheriffs and Judges are busy keeping the citizens of Wyoming constitutionally protec…, here in Calhoun County we would be happy just to elect a Sheriff who will not simply go along with [...]
Interesting…
Sheriff Richard Mack has been pushing for all sheriffs to be educated about the tenth amendment and follow it and to have all citizens elect their sheriff based on whether they will follow the tenth amendment or not.
Sheriff Richard Mack’s website:
Constitutional Law Enforcement Association The Last Line of Defense
http://constitutionallawenforcementassoc.blogspot.com/
He has written an article entitled on his main website page:
The County Sheriff – the ultimate check and balance
Read his article. Very similar to this article about wyoming sheriffs putting feds in their place !!!
His email address is sheriffmack@hotmail.com to get more information.
Anyone who can read the U.S. Constitution will applaud the Sheriffs of Wyoming. The plain English of the Constitution was once the supreme law of the land.
The problem WE THE PEOPLE have had and still have is a Constitutional illiteracy rate of more than 50%. In fact a local school principal was bet $1000 dollars if she could pass a test on the plain text of the Constitution and she declined saying that she didn’t think she could pass such a test. Sad it is after all the billions of tax dollars to teach children that teachers are the only one’s who can lawfully strike while students are feed by force.
Since knowledge is power and Constitutional illiteracy destroys knowledge of Constitutional content, unconstitutional power trumps constitutional right.
If 50% of the voters could and/or would read the plain English of the Constitution this once great nation would be alive and well. Then the school would once again be part of an economical system of education and not an expensive system of indoctrination.
Unified literate people are the ultimate constitutional power that those using unconstitutional power fear. That has been repeatedly demonstrated by the unconstitutional use of federal law enforcement and is why the military is so strong today at taxpayers unconstitutional expense. The expensive military might of this nation has nothing to do with the rights of people in a foreign land.
Americans have long since been convinced by the Federal Government that the individual citizen is under the control of Federal authority.
This is not totally accurate. While Americans have “given” the government jurisdiction over certain areas of law, that power is not absolute and may be recindered by those allowing that transfer of authority.
“We the People” trumps “We the Government.” No Federal Agency has authority other than that “given” by the people.
The United States Constitution in it’s truest form reserves all Rights to the American People. The one missing piece to this discussion is simply the lack of current Americans understanding and commitment to the original premise of our Founding Fathers.
Americans, both individually and collectively are a free and self-regulated society forming one entity for securing self-determination. That self-determination only remains intact if Americans are once again instructed in the true interpretation of the American Constitution and its Declaration of Independance.
We met with our sheriff here in Kansaa about a possible IRS seizure & what his duties were. We asked for his protection as he was the highest elected official in our county if the seiaure were to occur. He was very aware of the situation as we met with him 3 times. The day of the seizure the sheriff was there assisting the IRS agents & US marshals. We could not believe it because he had been told. We had filed for bankruptcy before the seizure & it was stopped, but none-the -less the sheriff was there. Now all the property has been sold & we are left with nothing because of a negligent sheriff. What can we do? I am so disillusioned with these people(sheriffs) because they know but fail to do even when they know better. The federal money is a big deal to keep them captive. Destroy the FED & our problems are solved…………………..
GREAT NEWS! MAYBE MAINE WILL FOLLOW SUIT.
Public Law 97-280 signed by Ronald Reagan in 1983 states that we should read the Bible every day and “APPLY IT’S TEACHING TO OUR DAILY LIVES.” The book of Numbers in the Bible states in 25:4 THAT WE ARE TO “BRING THE LEADERS OF THE PEOPLE BEFORE ME AND SLAY THEM IN BROAD DAYLIGHT.” Let’s get on with it. Poiticians are garbage. We have the Bible and their law to back it up.
this is a terrific decision and, its constitutional!??! wow, think of that. i’m stunned!
since real “money” does not exist common law is essentially non-existent. everything is commerce. no criminal or civil law genereally it is commerce-criminal
or commerece-civil.
just look at the caption on any court document, supeona, “criminal” complaint, mortgage, title-deed, motor-”vehicle” cert. of title/registration. the “names” are always in all capital letters=legal fictions. creations of the law. the law itself is also a created fiction [color of law] everything related to any government in its municipal operation is a FICTION!
YOU CANNOT ACCESS COMMON-LAW WHERE REAL MONEY[GOLD & SILVER] DOES NOT EXIST! if there is no “money” a debt cannot be PAID IN FULL. debts are only discharged!
The Federalist Papers [i think its no. 42] explain that the federal government can only interact with “the person(s) of the citizen…” i.e. legal fictions the “ens legis”.
i wonder if the Article 1 court’s decision will stand?
i commend the sheriff for his stand and, i hope and pray the decision stands.
regards to all,
Numbers 6: 24-26
Who was the plant who wrote the first post, saying that States are not sovereign?
Sir, what Federal agency are you covering for?
As someone said to you in a later post, you need a little educating in Constitutional Law.
I want to move to this county!!
I wish that every county Sheriff thought this way.
Our States would be a lot better off.
And BTW, Federal Law NEVER trumps State Law!!!
I was a state legislator when I first heard about this. I had legislative services investigate the truth of this matter because if this were true, it would open up a host of laws that could be written to protect my state of Montana from overreaching federal agencies.
Unfortunately, and with amazement that this myth is still running around the web, here are the facts: First, no court order EVER has been handed down that allows the local Sheriff to kick out federal law enforcement agents. In fact, in this particular case, there was a settlement of sorts. There was no holding by the court, no order, no precedent. In fact, because of Sheriff Mattis’s over reaching explanation of the actual court settlement, the federal judge disposing of this case had to issue a press release re-affirming that if any person, including the Sheriff, attemtpted to prevent a federal law enforcement official from enforcing a federal law in Wyoming, that person would be subject to the penalties provided for in the federal criminal code.
In short, this “case” was not a case per se, and there is no power of any Sheriff to kick-out federal agents. The best the Sheriff can do is not ccoperate with them, and many states have such laws on the books with respect to the Patirot act. Outside of that, this Dave Mattis myth is just that- a myth. Wish it were different.
[...] Wyoming Sheriffs put feds in their place Wyoming Sheriffs Put Feds In Their Place/ [...]
It appears that people overlook the fact that the united states of America, Republic, under God, [verified by Declaration of Independence and 50 Constitutions of , We the People, the “unions of the several states”, usA, Republic is the Government “of”, subject to, We the People created by the Founding Fathers, under the Creator which all claim the Devine Creator, as the ruling power over all Government. . The usA is not the UNITED STATES CORPORATION, Democracy of DC, District of Communism, of Socialism, Judaism, Communism, Talmudism, Atheism, Gnotocism, Political Correct-ism, “of”, subject to, “men”,International Elite, Bankers, Corporations, NWO/UN, “of” Satanism. The Constitution “OF the UNITED STATES CORPORATION is not the same Constitution FOR the united states of America, Republic, “of”, subject to, We the People, the Government for the usA, Republic. All 50 states are Sovereign, under the Sovereign Citizens, “of”, subject to their Sovereign, God, the Creator. These Sheriffs have Sovereign power bestowed upon them by their Sovereign citizen electors, who give them authority over all “government/corporations of the US CORPORATION, Democracy. Not the Government and has no Sovereign Law “of” the Constitution By the People, FOR the People, “Of”, subject to, We the People. all the laws/codes, statures, regulations, policies , etc. are worthless with out the Unlawful Federal Marshalls, FBI, Batf, IRS, any “man” with a badge, or an officer “of” the court, “men”. Corporations. All of them, with no Law to support their violations of We the People’s Sovereign Rights and their Sovereign Government. All they have is corporate ‘offocials” with fraudulent badges and judges, backed up by the Pentagon Military, which flies the Martisl Law Flag on their shoulders with the Stars and Stripes in reverse. Why is that? As long as We the People bite into the lies and deceptions, treason against the usA, Republic, of the UNITED STATES CORPORATION, Democracy, “of” “men”, Not Man “of” Christian America, the usA, and forget that we have no “power” of our own. That all power comes from God and His directions on how to use it comes from the Holy Bible, the Law over the Law of the Land, the Constitution FOR We the People, these scumbags who has America beleiving that they are a, the Government, we will be in bondage until Christ returns. Then, the w2orld, these evil “men”, will learn that God is the Master, the deliverer of Pay backs. All evil “men”, none beleivers, Citizen or “citizen” will answer to Him on Judgment Day at the Battle of Armageddon. Life does not start and end in the sewer pit called Washington DC, under “men”. It is all under God. Today is not what really counts. It is Judgment Day where god says, ISA. 13:8, 2/3rds of the Jews will be destroyed before Christ intervenes to save 1/3rd, the Born again beleivers. Stand up fror your Rights. And Remember. The Christian has all the Power of God, in his mouth, “in Jesus’ name.” “I rebuke you”, “I defeat you”, I claim victory over you “men” of Satan and your father “the devil”. John 8:44. “oh ye of little faith”. All that is required is to TRUST and OBEY.
WTH was that all about?
There’s a nutcase in every forum!
“Federal law trumps state law, this is a basic fact of federalism.”
The tenth amendment to the constitution is federal law, and that’s what the court relied on to decide that the sheriff outranks federal officials within his own county.
-jcr
This is actually to protect Dick Cheney from the Feds coming for him after 1/31/09.
both sides need to suck it up and serve the public, we all live a city,county,state and nation..
try setting an example and follow the rules, get along, do the job the right way.
There is a common soluition to the matter at hand and since the Sheriff has a complaint filed in the matter then the Fed must respond and work to resolve and co operate and work in harmony to serve the public interest while keeping in mind that we all pay state and federal taxes that in turn pay your salaries and benefits…So like I say to my children..”sit up, act right, say please and thank you and try not to make such a mess”
GROW UP!
STOP WASTING precious money and precious time.
[...] Sheriffs Put Feds in Their Place by disinter disinter March 31, [...]
[...] http://disinter.wordpress.com/2007/02/18/wyoming-sheriffs-put-feds-in-their-place/ [...]
I am a reporter in Wyoming, and lived in Big Horn County for 33 years until six years ago, when I moved to the next county. I have known Dave Mattis for many years, and taught English and government to one of his grandsons, and as a reporter, I covered his department for about 2 years. From that perspective, I can say that this post is not completely accurate, and consequently is rather misleading.
It is true that a lawsuit was filed by Sheriff Mattis’ predecessor against BATF. As I remember, the issue was that it constituted an unfunded mandate which Big Horn County (a sparsely populated county) did not have the resources to carry out. It is also true that the courts were sympathetic. But that hardly amounts to kicking the feds out of the county. The BATF has little reason to act in the county, anyway.
Back in 2001, when I was reporting in Big Horn County, inquiries were often received regarding the notion that Dave had adopted a policy “kicking the feds” out of Big Horn County, so I asked him directly about it. In summary, this is what I wrote in an article following that interview.
1. The policy came about, as the result of a raid, not by the BATF or the FBI, but by the INS, which was looking for undocumented aliens. In the course of the raid, which was supported by the Sheriff’s office, a person was taken into custody who was, in fact, a legal immigrant–I don’t remember exactly, but he may even have been a citizen–although his English was limited.
2. The individual in question filed a lawsuit, and the county was one of the defendants. The policy was part of an out-of-court settlement, and was actually negotiated between the plaintiff’s lawyer and a lawyer representing the county’s insurer, who consulted with Dave by phone.
3. All the policy states is that the sheriff will not cooperate with such federal actions unless certain conditions are met. I don’t remember all of them, but they included a condition that the federal agents have an interpreter there and that raids not take place after a certain hour in the evening. Dave told me ran the policy by the FBI agent for this area, and the agent had no problem with it.
4. Subsequently, a newspaper editor from Tennessee called Dave, and when his article appeared, Dave told me (this is a direct quote) “He said things that I did not say.” From that article, which circulated on the internet, the idea that Dave had kicked the Federal government out of the county somehow became popular.
Now admittedly Dave has a libertarian bent, and is of the opinion that county government has the primary power of law enforcement. He and the county assessor once took on the IRS when it subpoened records in a tax case involving property. State law was contradictory on whether the records were sealed, and the assessor said she could not legally turn them over and Dave went along. Neither the county attorney nor the county commissioners sided with them, and would not fund legal action, but anti-government types in the county collected several thousand dollars to fund an attorney who claimed he had never lost a case of this type. In the end, the courts would not support the assessor’s position either, and the case just died. The so-called tax attorney who had never lost a case, provided no apparent help in the lawsuit, and in fact barely showed up, and I am unaware of any further action in the case.
In a sense, this whole notion is illogical, because, in the real world, over 50 percent of Big Horn County is owned by the Federal Government, which is not uncommon in Wyoming, The BLM, the Forest Service, the Bureau of Reclamation and the National Park Service all have a presence in the county and, as a result, some police power. In fact, the Big Horn County Sheriff patrols the National Forest on behalf of the Forest Service, also common in Wyoming. There is, consequently, no way the feds could be kicked out of the county.
Finally, I would note that Dave was defeated in the Republican Primary in 2006 and is now retired. He was a good sheriff overall, and did the county good service in most cases. I always voted for him.
Furthermore, I am not aware that his positions are widespread among the state’s sheriffs, as this post implies.
Finally, a note to those who post comments on this and other blogs. If you have a serious opinion, you should sign your real name, not some cutesy on-line nickname. If you don’t have the courage to put your name on an opinion, you should keep it to yourself.
Don Amend, Powell Wyoming
You may want to go back and study your law books, Rick Maedje.
Regarding your quote:
“… the federal judge disposing of this case had to issue a press release re-affirming that if any person, including the Sheriff, attemtpted to prevent a federal law enforcement official from enforcing a federal law in Wyoming, that person would be subject to the penalties provided for in the federal criminal code.”
I’d like to point out a few misconceptions and errors. Yes, the federal judge was correct in saying that a “person” cannot prevent a federal law enforcement official from enforcing a federal “rule” in Wyoming because a “person” is a legal name for an artificial entity and artificial entities have no rights under the U.S. corporation.
HOWEVER, a live flesh-and-blood man or woman is not an artificial entity and he or she IS sovereign over artificial entities, such as a corporation and over corporate rules that the U.S. corporation calls “codes” or “resolutions”. And, “codes” are not “laws”. The only real federal “law” is that of the Constitution FOR the united states of America. “Codes” are only “color of law” – - rules that U.S. corporation have for its subjects.
I CAN believe that Patrick doesn’t understand this because few Americans are ever exposed to the real truth, but Rick, as a former state legislature, I have a hard time believing that you don’t know the difference between laws and resolutions. But then, I know they don’t even want lawyers to know the whole truth about such stuff so maybe you never learned that in school. The only place you can find that kind of info is by digging through law books, law dictionaries and some sites on the internet (try doing a search and reading a while, you’d be surprised).
P.S. Please check out the huge differences in meanings between “state” (uncapitalized) and “State”, between “lawful” and “legal”, between “person” and “man” or “woman” in a legal dictionary such as Bouvier’s Law Dictionary or Black’s Law Dictionary. I believe that one or the other can be found online at Cornell’s law website. Legalese is a whole ‘nother language. You’ll probably have to add a little history research to put two and two together to get the full understanding of the definitions.