Kentucky sheriff tells Feds he won't enforce unconstitutional laws

[FASBOLD]

I would hope more sheriffs had this point of view.

[Raggs]

Do we really want sheriffs deciding what they think is constitutional or not? What if they decide that a ban on heroin is unconstitutional?

[mosnar87]

Do we really want sheriffs deciding what they think is constitutional or not? What if they decide that a ban on heroin is unconstitutional?

Federally speaking, is a ban on heroin Constitutional? Or is that one of the many powers reserved for the states? Hmmm?

[TheQ]

I'd like Sheriffs to go one step further and arrest Federal agents that come into their county and "kidnap" their citizens without the Sheriff's consent while enforcing these unconstitutional laws.

[WilDChilD]

Do we really want sheriffs deciding what they think is constitutional or not? What if they decide that a ban on heroin is unconstitutional?

Why the hell do you care who does herion? If you dont like herion dont use it. If you do like herion thats fine with me, just dont think we will be friends.

[TheQ]

Why the hell do you care who does herion? If you dont like herion dont use it. If you do like herion thats fine with me, just dont think we will be friends.

What's more, where does it say in article 1 section 8 or anywhere else in the US Constitution that the federal government can regulate drugs? I will grant you that amendment 18 talks about it. However, that amendment was repealed by amendment 21.

At least back then people had enough respect for the constitution to realize they couldn't just go passing laws regarding prohibition of whatever they wanted. They knew they need to amend the Constitution.

Now days, some people will tell you Congress doesn't even need to pass laws about it. The executive can just make "executive orders"… Even about guns!

[Raggs]

Ok so people as usual, attack one part of the post totally ignoring the point, we cant have legitimate conversations with each other. answer this, should a sheriff decide the constitutionality of laws?

[TheQ]

Ok so people as usual, attack one part of the post totally ignoring the point, we cant have legitimate conversations with each other. answer this, should a sheriff decide the constitutionality of laws?

When it comes to enforcing criminal law? Absolutely.

STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963

Article XI
§ 1 Oath of public officers.
Sec. 1.

All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability. No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.

[WilDChilD]

Ok so people as usual, attack one part of the post totally ignoring the point, we cant have legitimate conversations with each other. answer this, should a sheriff decide the constitutionality of laws?

He doesnt have to decide, its already been decided. He just has to follow it, which it looks like he wants to do.

[Ezerharden]

Ok so people as usual, attack one part of the post totally ignoring the point, we cant have legitimate conversations with each other. answer this, should a sheriff decide the constitutionality of laws?

Well since you seem to be of the opinion that the answer is no, who would you recommend? Obama? Biden? Feinstein? Joe the bartender? I agree with Q, as an elected official the sheriff is responsible for protecting the constitution, just as any other elected official is. Difference being is this sheriff is doing just that, unlike almost all other elected officials.

He is protecting the 2nd Amendment by defying Federal law that conflicts with it. You heroin argument is weak at best there is nothing in the Bill of Rights allowing for heroin use to be Constitutionally protected.

[Raggs]

I'm sorry I thought the constitutionality of a law was decided by the court system, Ezerharden, fine the heroin comment was not good, get over it. do we want Sheriff Michael Bouchard making these decisions? Or what about the Sheriff who thinks the constitution doesn't protect EBRs? We may agree with this one, I don't trust all of them to make good decisions however.

[TheQ]

I'm sorry I thought the constitutionality of a law was decided by the court system, Ezerharden, fine the heroin comment was not good, get over it. do we want Sheriff Michael Bouchard making these decisions? Or what about the Sheriff who thinks the constitution doesn't protect EBRs? We may agree with this one, I don't trust all of them to make good decisions however.

Actually, it's decided by all three branches. The court is just the line of last resort.

The legislature decides the constitutionality when they pass it. Usually they do a very poor job here. The police decide the constitutionality when they enforce it.

Checks and balances - At least that is the way it is supposed to be.

[WilDChilD]

Checks and balances - At least that is the way it is supposed to be.

Please thats old skool. Now its executive orders, you better listen peasents!