Friday, April 13, 2012

State's Rights, Printz v. U.S. and the Constitutional Sheriff

Below is a letter I wrote to the St. Maries Gazette Record where I discuss the relevance of the case to State's Rights and the role of the County Sheriff.
...
While there was a lot to write about in the last edition of the Gazette Record, the article that really caught my attention was the one featuring Dave Resser. I found it refreshing that a candidate for Sheriff in Benewah County is willing to take a stand for the U.S. Constitution.

Elected officials in every position take an oath of office, yet few live up to it. Whether it's subordinating human beings to wolves, the EPA taking private property or rendering it worthless through unconstitutional regulations, gun control, Obamacare or a flood of other unconstitutional mandates gushing from Washington D.C., we must acknowledge that our freedom and our way of life is at risk.

I have met Sheriff Richard Mack, co-litigant (with Sheriff Jay Printz) against the Brady Hand Gun legislation and the founder of the Constitutional Sheriff's and Peace Officers Association (CSPOA). Never will you find a more level headed, more passionate individual who is dedicated to preserving our constitutional rights.

In Printz v U.S., Justice Antonin Scalia cites the Federalist Papers numerous times, indicating just how important it is to understand the context and the framer's original intent when rendering a Supreme Court decision. Scalia correctly notes that none of the federal government's arguments could compel local enforcement of the Brady Gun Control Act over the objections of the States and the Sheriffs. The constitutions and various statutes of Arizona and Montana uphold the rights of their citizens to own, purchase and transfer firearms. If ever there was a victory for State's Rights, Printz v U.S. was it.

It is precisely the problems we face today with the federal government that the founders foresaw and warned us against. The writers of the Constitution understood that local authority was more knowledgeable of local concerns and more accountable to the people than a centralized, all powerful national government. Their foresight is why a jury has the right to judge the law as well as fact in any court case and why the Constitution was amended to include the Bill of Rights. The framer's left us with all the tools we need to defend our freedom. We have but to act.

The other candidates for Sheriff mention the need for a new jail, local drug issues and various other concerns. All of those issues are important and affect us to varying degrees. However, in the opinion of this writer, they pale in comparison to the loss of liberty some in government would have us suffer. If it were to come down to a choice between a new jail and my freedom, I will choose freedom every time, especially if the new jail is to be funded by harvesting low-hanging poison fruit masquerading as a federal grant.

I applaud Dave Resser for his boldness in publicly affirming the Constitution and his willingness use it in defense of liberty. Benewah county residents should read and understand the U.S. Constitution and insist that their elected officials do likewise.

Ken De Vries
St. Maries
https://chumly.com/n/126b462

No comments:

Post a Comment