by Mary W Maxwell LLB
As discussed at Gumshoe on 28 February 2021, I attended a conference of “constitutional sheriffs” in Houston, Texas. I had seen an ad for it. The ad did not indicate that the founder, Sheriff Richard Mack, would be there. I might not have attended if I saw his name, as I had only ever heard of him, vaguely, in connection with Border Patrol in the southwest.
So I rocked up at the Woodlands Resort and got more than I paid for (in the $99 conference fee). There was the guy, Sheriff Mack, who thinks he owns the Constitution lock, stock, and barrel. He has started an organization called Constitutional Sheriffs and Peace Officers Association, CSPOA, which anyone can join. Cops will be very excited by it. It’s like unto a miracle.
To cut his story to the essentials, I have organized what can be called an octologue — like the decalogue of Moses, but 8 commandments instead of 10. The material for it was grabbed, by me, from Richard Mack’s 1999 booklet, “The Proper Role of Law Enforcement” (Yay!), and his 2009 book, “County Sheriff: America’s Last Hope.”
When quoting Mack dead-on verbatim, I will use quotation marks. Otherwise, I am paraphrasing. I promise not to intrude Mary one little bit. The page numbers have ‘R’ if from the Proper Role book, or H if from the Last Hope book.
So now, sit back and be pleasantly shocked by the Octologue:
EIGHT COMMANDMENTS FOR SHERIFFS AND COPS
- Always be faithful to your oath.
Per Article VI of the US Constitution, every peace officer “shall be bound by Oath or Affirmation to support this Constitution.” [and must support his/her state constitution] “Certainly, the County Sheriff has no obligation to go along with those who subvert the Constitution.” (H46).
- Don’t enforce immoral laws.
“The notion that cops should enforce all laws, regardless of how abusive, immoral, or unconstitutional they are, is dangerous and destructive.” (R9).
- Resist usurpation by the feds.
“Bottom line: America was founded as a Republic with extremely limited powers, as expressly set forth in the Constitution.” (13H). “For federal officers to come in to the county and takeover in any respect is the epitome of usurpation and he who is the rightful steward of the county needn’t tolerate such usurpation whatsoever.” (H33)
- Don’t do the bidding of a bad judge.
If asked to enforce a bad law, or carry out the wishes of a bad judge, don’t obey. Think Nuremberg trials, where “I was only obeying orders” did not count as an excuse. (H20)
- Protect the people.
Since the 11th Century, kings appointed men called “reeves” to keep the peace in the “shire.” (H23) You, shire-reeve, 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 attache case.” (H26)
- Say no.
“When is the law enforcement community going to learn to ‘just say no,’ stand tall, and let the legislators know that we will not be their little puppets?” (R17)
- Remember you work for the people and you can call out a posse.
Remember that you are answerable directly to the people who elected you. A sheriff “does not report to a town manager or a city council.” (H23). “The sheriff has the authority to call out the militia or ‘posse’.” (H24)
- Stop the abuse.
“There is a man who can stop the abuse and end the tyranny…..Yes, it is you, SHERIFF. You can do it. You have the power, the authority and the responsibility. You are the people’s protector, you are the last line in the sand.” (H31)
Richard Mack’s Bio
Mack graduated from Brigham Young University in Utah in 1978. He says that while a student, he worked as a “meter maid.” (How many guys do you know who would dare to say that?) He became a cop and later did a short stint at Quantico — for which I move we forgive him.
Richard and his wife Dawn live in Arizona. They have 15 grandchildren. You can write to him at: PO Box 567 Higley AZ 85236, or visit the website CSPOA.com.
When a rookie, Mack read about a meeting that would be held to discuss constitutional policing. That meeting was run by the late great Cleon Skousen — an FBI agent, an intellectual right-winger, a Mormon, police chief of Salt Lake City, and the author of The Naked Communist.
Mack approached his supervisor for permission to go to the meeting as a training exercise but was told that “Cleon is not mainstream law enforcement.” So Mack took annual leave and attended on his own. He said there were 240 officers and “there was a powerful feeling in the room. Clousen had us captivated….at this very moment I promised myself that I would never be on the wrong side again.” (R10).
The Court Affirms
I must mention Richard Mack’s success at the Supreme Court venue. Around 1992, when Mack had been elected sheriff of Graham County, AZ, Congress passed a law called the Brady Bill (not related to exculpatory evidence). It ordered police to deal with the removal of guns from anyone who had ever been in a domestic violence case.
This meant, among other things, that some cops who had been on duty for many years lost their jobs. It was a retroactive law which, of course, is unconstitutional. But mainly it was unconstitutional in tasking local police with a federal job.
Mack asked other sheriffs to join him in the case and six did so. The case is known as Mack and Printz v United States (1997). It was decided in their favor. Justice Antonin Scalia wrote for the Court, clarifying that states do not have to take direction from the feds. The case of New York v United States had already settled that, but most people still don’t know about it. Let me quote SCOTUS’ ruling:
“…opinions of ours have made clear that the Federal Government may not compel the States to implement, by legislation or executive action, federal regulatory programs….. We warned that “this Court never has sanctioned explicitly a federal command to the States to promulgate and enforce laws and regulations,” ….
“The Government’s distinction between “making” law and merely “enforcing” it, between “policymaking” and mere “implementation,” is an interesting one. It is perhaps not meant to be the same as, but it is surely reminiscent of, the line that separates proper congressional conferral of Executive power from unconstitutional delegation of legislative authority ….”
Anyone can join the Constitutional Sheriffs and Peace Officers Association (dues, $11 per month), which entitles you to watch the posse Webinars. As you might guess, this group is “on the case” about Covid restrictions and gun control.
As recommended by Naomi Wolf, in the video shown at GumshoeNews.com on 3 April 2021, there is no time to lose in recapturing our freedom.
Any cop who wants advice from Sheriff Mack can email Staff@CSPOA.org. He is keen to hear from you. One of his conferences may be coming to your state soon.
Put This in Your Wallet
Here is a wallet-size Octologue you may flaunt if you are a layperson, or better yet if you are a Person in Blue.
|Octologue: Eight Commandments for Sheriffs and Cops|
Do it, Sheriffs and Cops! You are the line in the sand. — See Sheriff Mack of Arizona (Ret) at CSPOA.org
(reverse side of the card):
|Amendments To Die for, in US Constitution’s Bill of Rights|
Just do what you can, please. Even a few people make a huge difference (as at Samuel 1:17 ).
–Mary W Maxwell’s website is ConstitutionAndTruth.com