It’s Sheriffs First in Arizona!

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A short piece of legislation recently passed by the Arizona legislature makes a big statement.

HB2434 affirms the sheriffs of Arizona as the supreme constitutional law enforcement officers in their counties and serves notice to the federal government that it must work through them to exercise their limited powers.

The bill simply states that:

A. Before taking any official law enforcement action in a county in this state, a federal law enforcement officer shall notify the sheriff of the county, unless the notification would impede the federal officer’s duties.

B. If a federal law enforcement officer does not notify the sheriff pursuant to subsection A. of this section, the federal law enforcement officer shall notify the sheriff of the county as soon as practicable after taking the action.

After the original version of HB2434 dealing with bail bond prohibitions passed the House unanimously last month, the Senate used a maneuver called “strike everything,” which allows lawmakers to substitute a new bill into an existing bill number. The Senate passed the federal law enforcement notification legislation 20-8 on April 4. The House took up the new bill and passed it 38-17 on April 9. The legislation now moves on the Gov. Brewer for her signature.

This bill may appear insignificant, but it does two important things. First, it serves notice to the federal government that its authorities operate in Arizona with oversight and reaffirms the sovereignty of the state. Secondly, it puts the county sheriff in the position to protect the rights and liberties of Arizona citizens from federal overreach.

“I think it’s important that it’s establishing the sheriff as the lead over the feds,” Tenth Amendment Center director Michael Boldin said.

The Constitution limits the authority of the federal government to specific enumerated powers, leaving all others to the states and their people. As a result, federal law enforcement officers may only exercise authority flowing from those powers. Any action taken by a federal law enforcement officer outside of those powers breaks the law. For example, the Constitution delegates no drug enforcement power to the federal government. Therefore, the DEA has no legitimate authority to conduct a raid on a medical marijuana clinic operating legally within a state.

The Arizona bill creates a check on federal power through the county sheriffs. With the feds required to notify the local authorities, the sheriff can conceivably exercise the option to stop unwarranted action before it happens, creating a layer of protection for the Arizona citizen.

“The idea that power should be checked and balanced serves as a cornerstone in the American political system,” TAC communications director Mike Maharrey said. “Federal law enforcement officers have acted with immunity, exercising unwarranted powers, for far too long. Just read the news  stories about armed agents raiding Amish dairy operations because some poor old farmer commits the horrible crime of selling raw milk. This bill reestablishes the primacy of sheriff  in Arizona and puts in place a mechanism to protect the average Arizonian. Who can argue that isn’t a good thing?

UPDATE 04-12-12 – Governor Jan Brewer has vetoed this bill

Saying the proposal made no sense, Gov. Jan Brewer vetoed legislation Wednesday designed to let local law enforcement keep tabs on their federal counterparts.

“Rather than hinder the efforts of our federal law enforcement colleagues, we need to focus on collaboration,” she wrote. “Establishing arbitrary reporting requirements for our federal partners takes us in the wrong direction.”

Obviously, Brewer doesn’t understand – or maybe doesn’t mind – that most of what the feds do is unconstitutional, and that this measure is a small but important step to reasserting the proper chain of authority. What’s that? The people are the top of the food chain – not the federal government.

ACTION STEPS

Contact Gov Brewer and let her know you oppose her veto. You can find contact information HERE.

Contact your representatives and senators and let them know you want them to override this veto and stand up for the Constitution.

Click HERE for Arizona legislature contact information.

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13 comments
Lawmanjed
Lawmanjed

This governor also vetoed the presidential eligibility bill that was presented to her last year.  It was a pretty good bill that needed to be passed so that Arizona (and other states) could properly "vet" presidential & VP candidates pursuant to Article II, Section 1 of the US Constitution.  To date, NO STATES to date have successfully passed such legislation despite enormous support for and need for such legislation.  The feds have successfully squashed the attemps by many, many states to enact such basic, needed legislation.  Amazing how that works!  Thanks, Governor Brewer, for caving in.  No matter how good she is, her good was just not good enough!   We, the People, the sovereigns of our states and of this nation, need BETTER!

daydon62
daydon62 like.author.displayName 1 Like

The ambiguity inherent within the context therein stated " ... unless the notification would impede the Fed... " is akin to an Arc d' Triumph to afford the Fed passage of its Trojan Horse into Arizona, with sneering aplomb. Although Governor Brewer has empowered state and local law enforcement with a fasci of authority to surveil and instruct the Fed as it prowls for prey, she has at the same time ham-strung the very men and women in law enforcement she sought to empower. As a result, turf warfare could very well ensue which would serve to institute an open-ended rivalry, which of course would play into the tactical feint strategy of the Fed.... The fed needs to be ran out of town. Because of the heinous calibre of its leadership, and the drones whom mindlessly perform the unconstitutional activities they traitorously endeavor, there are no other plausible or reasonable alternative.

mare650
mare650

Personally I'm stupified that TAC would actually appeal to us to call our legislatures and ask them to override Gov. Brewer's veto. Where are your brains?  Can't you see the blatant hypocrisy of this bill that undoubtedly will be a joke if passed. Now come on, stop being so naive.

DRSANGLE
DRSANGLE

 @mare650

 Thank you for your thinking comment. This is what happens when people get fixated

on an idea and can't see all the problems involved in trying to obtain that outcome.

 

How much money, people, resources, etc. and it continues with trying to support something that is stupid. Do they see that is stupid? Do you know what a monkey trap is? A box with

holes big enough for a monkey to put his hand into. Inside the box is a coconut. The monkey reaches in and grabs the coconut but can't pull the coconut out through the hole. He won't let go of the coconut. Walk up and grab the monkey.How many people, how much money how much resources have been expended trying to get that coconut out of the monkey trap box?

 

Help is coming but not doing stupid stuff.

 

Thank you for your thinking and courage.

 

DRSANGLE

Robbie Eagle
Robbie Eagle like.author.displayName 1 Like

Looks like Brewer has folded to the hussein mafia machine. Wonder how badly she was threatened?

mare650
mare650

 @Robbie Eagle

 Gov. Brewer "folded" because she saw how this bill does NOT make sense. Again I repeat myself.....federal agents will use the exception... "unless the notification would impede the federal officer’s duties."   Does anyone think for one second that the feds are not going to use that part of it to their advantage. They will lie, cheat, steal, whatever it takes to find any impediment and avoid notifying the sheriff. Case closed.

daydon62
daydon62 like.author.displayName 1 Like

Governor Brewer is a good woman. Yet the Fed's determination to graft it's suppurating appendage onto state judiciaries, toward their clandestine agenda, will not be hindered by the patriotic sentiments of one Jan Brewer. So, I too, believe that her natural inclination toward the defense of Liberty, and her responsibility toward the maintenance thereof,  have been tainted by the ever creepy and unsavory tactics of the Fed, and the maliciously parasitic hosts of nihillistic proclivitantes they are both borne from and always eager to emulate. This woman had the grit to say no to the Whore House, yet where are her benefactors? Her House is divided by the zeitgeist of fear dominating the body politic, thus she suffers in vain for support... The support that really matters: People. We the people. The devices and machinery of the entire political sytem is in a quagmire of crooked money and crooked minds... Although Governor Brewer bears the responsibility of public office, wherein will the public bear its responsibility to support those few mavericks like Jan Brewer, whom have breached the corruption of the political mein to act as a volunteer in defense of the Constitution? I cannot fault her for getting out of the line of fire. Why commit " suicide " for a constituency whom will not get off of their knees. " Those whom refuse to participate in politics, deserve the rulers they get."  -Plato

daydon62
daydon62 like.author.displayName 1 Like

Governor Brewer is entirely aware that the Fed seek only to expand their sphere of influence and operation as a means of intent, bred into the dogma of the Fed's feudalistic endeavors. It is a damned shame that our state legislative body cower to fear, corruption and complicity; Governor Brewer is by design of the political gauntlet in support of anti- NDAA legislation, as would anyone of us, repelled by the idea of of acquiescing to literal criminals cloaked in bits and scraps of legal writs of entitlement. Yet Governor Brewer is experiencing the dirty underbelly of politics- will she stand to be recognized as a champion, or take her place among the jackals. In all fairness, I do not envy her task. She is a woman who has demonstrated a more than sentient comprehension of the Fed's rabid inculcation upon the body politic to render it as nothing more than an adjudicated impostor to serve at the behest of an unconstitutional usurper racketeers. She will either stand as a champion to her integrity, or give way to deamons cloaked in the flesh of men. 

Keith Allison
Keith Allison like.author.displayName 1 Like

The federal authorities have become so arragant, putting them in their place has been a long time coming.  I just wish we could do something about our corrupt judiciary that apparently believes they are above the law. I had to file a pro se lawsuit 9 times in order to find a judge that will comply with statutory laws. For instance, when a defendant or plaintiff fails to respond to allegations for 20 days or more, the defendant or plaintiff is to be declared guilty as alleged.  However, probably due to the amount of money the defendants have been spreading around in my case, none of them have ever responded to the allegations and the judges simply dismiss the case with no findings of facts and/or conclusions of law.  I hope this ninth judge will stand by the law and do as he has sworn to do; namely, serve and protect the Constitution.

mare650
mare650 like.author.displayName 1 Like

A. "Before taking any official law enforcement action in a county in this state, a federal law enforcement officer shall notify the sheriff of the county, unless the notification would impede the federal officer’s duties."

 

That right there is why I would vote against this bill!  It is an open door for federal agents to deliberately do their dirty work first by either raiding a citizen's house or business before notitifying the Sheriff, then claim they had no choice because taking time to report to the Sheriff would have caused a serious disruption in their intention to carry out the raid. It's called, making excuses.....hello!!!

Talk about loop holes. No wonder Jan Brewer said it didn't make sense!

Now if I'm wrong, somebody correct me because that's the way I see it. I do NOT trust police or federal agents because I've read too many horror stories!

DRSANGLE
DRSANGLE

 @mare650

 I'm glad someone saw and COMMENTED about the first problem with this bill, "unless the notification would impede the federal officer’s duties". Come on people, this is a hole the

size of the moon for any agency or agent to walk through. Standing on the deck of the "Titanic" and this is the progress? The enemy is winning every day without having to do one thing more. All they have to do is run out the clock. Tick-Tick-Tick-Tick...Game over!

Keith Allison
Keith Allison like.author.displayName 1 Like

The Sheriff's of every county have had the constitutional authority to kick the federal vermon out of his county for eons.  However, I am particularly happy to see a Sheriff making certain he has state backing for all of his actions.  Up with individual freedom, and down with the megolomaniacs in D.C.

WilliamSchooler
WilliamSchooler like.author.displayName 1 Like

All its takes in one person connected to Federal dollars to take it down. I say that because I would expect nothing less from my Governor. Neither want to give up federal funding. this takes precedence over their own constitution, it shows there is no moral code because it can be bought.

 

I think when submitting these it should be joined with the particulars in the Declaration of Independence that apply directly to this activity since in it we have all we need to back up our constitution as well our independence from a Ruling class. How soon so many forget when they have open handed spending sprees.

 

Show them in this declaration where they too may become suspect of such warnings for not standing on the side of such an independence from such Ruling authority. Have them show you where one in office may stand against the people who choose this Independence. Its time we fight back using our tools that brought us here with defiance that we are done tolerating tyrannical activities by those who choose themselves above the people of these communities. A state is only sovereign when it is independent of such a menace.

 

People send them an explanation of this document, make it known there is no reasoning in their actions, show them you will only stand for Independence or defy those in the way. Its your state and it is your sovereignty.