Sheriff to the Feds: You are on Notice
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Sheriff to the Feds: You are on Notice

Sheriff to the Feds: You are on Notice

By Kelli Sladick on July 8, 2013

300px Richard Mack by Gage Skidmore1 Sheriff to the Feds: You are on Notice

English: Sheriff Richard Mack at the Nullify Now! event in Phoenix, Arizona. (Photo credit: Wikipedia)

News outlets in El Dorado County, California, report that a county sheriff has stripped state law enforcement authority from the US Forestry Service.

Sheriff John D’Agostini made the move in response to a high number of complaints coming to his office. He will not go into details about the complaints received, but says he gave the US Forestry Service plenty of opportunity to respond to the complaints.

“The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.”

The sheriff has sent a letter to the US Forestry Service stating officers will no longer be able to enforce state law in his county.

“The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.”

CBS 13 in Sacramento contacted a law professor to ask him if the sheriff’s actions are legal.

“Looks to me as though the sheriff can do this,” he said. “They don’t have state powers in the first place, but essentially the sheriff can deputize individuals to have authority in his or her jurisdiction.”

Fact: federal agencies do not have state powers. Due to the Constitution’s structure of dual sovereignty, the feds have no authority to enforce state laws. Furthermore, states cannot be compelled to enforce federal laws.

In 1994, the Tenth Amendment was reaffirmed by the Court when Sheriff Mack and Printz sued the Clinton Administration. The opinion in Mack and Printz v. United States stated, “The Framers rejected the concept of a central government that would act upon and through the States, and instead designed a system in which the State and Federal Governments would exercise concurrent authority over the people. The Federal Government’s power would be augmented immeasurably and impermissibly if it were able to impress into its service–and at no cost to itself–the police officers of the 50 States…Federal control of state officers would also have an effect upon the separation and equilibration of powers between the three branches of the Federal Government itself.”

via Sheriff to the Feds: You are on Notice | Tenth Amendment Center Blog.

 Sheriff to the Feds: You are on Notice
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