Wednesday, February 28, 2007

A Win for the 10th Amendment

Okay, it's official---Wyoming Sheriffs ROCK!

This is mostly a cut and paste job, not much need for my comments.

County Sheriff Can Bust Big Bro

County sheriffs in Wyoming have scored a big one for the 10th Amendment and
states rights....

Bighorn County Sheriff Dave Mattis spoke at a press conference following a recent U.S. District Court decision (Case No. 2:96-cv-099-J (2006)) and announced that all federal officials are forbidden to enter his county without his prior approval ......"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."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 District Court ruled in favor of the sheriffs.

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...."

Sheriff Mattis said, "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...."

I did a little googling to see if I could find any other news reports on the subject and found that based on the U.S. District Court ruling on Case No. 2:96-cv-099-J there is now a Bill in Montana State Legislature to Keep Feds in Line:

"A new bill has been introduced in the Montanta State Legislature which require the County Sheriff be notified before any federal agents are allowed to enter the state with the intention of carrying out law enforcement actions. The bill provides not only for pre-notification, but the Sheriff must also give consent before federal agents may proceed."

If you click on the link you can find a link at the end of the article which provides the full text of the Montana bill.

LII: Constitution

Amendment X

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.

To revisit the first link I posted related to this article (Keene Free Press - County Sheriff Can Bust Big Bro), they said it well:

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."


Mike said...

If I'm not mistaken, some of this information is nearly 7 years old! There has been internet discussion on the "Wyoming Sheriff's and the 10th Amendment" dating back to January of 2000. I've had a very difficult time trying to verify that anything has occurred in the last few months that's new.

Jacke M. said...

Thanks, Mike.

All I know is that Keene Free Press, the article I linked is dated February of 2007 but the bill in Montana story IS dated 2005.