Anaya Nolan
While sheriffs are tasked with enforcing the law, they are not supposed to decide which laws to enforce. However, in recent years, sheriffs across multiple states have refused to enforce certain laws, particularly those related to gun control, citing concerns about the constitutionality of these laws. This has raised questions about whether sheriffs have the authority to suspend laws and the potential consequences of their actions on the rule of law.
| Characteristics | Values |
|---|---|
| Sheriff's role in the constitutional system | Charged with enforcing the laws |
| Sheriff's power | Holding a lot of power, a sheriff can decide which laws should be enforced by officers working under them |
| Sheriff's authority | In some states, sheriffs are authorized to investigate all state crimes, including election-related crimes in their county |
| Sheriff's responsibility | Keeping the peace, enforcing state laws, and/or defending their state’s constitution |
| Sheriff's discretion | Sheriffs have broad discretion over how to enforce state laws |
| Sheriff's limitations | Sheriffs may not decline to enforce a law unless a court has determined that the law violates the federal or state constitution |
| Sheriff's mandate | Sheriffs are elected to consider constituents' views and make independent determinations about whether a law violates the state or federal constitution |
| Sheriff's accountability | A sheriff is answerable only to the U.S. Constitution |
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What You'll Learn
Sheriffs' refusal to enforce gun safety laws
In recent years, dozens of states have passed gun safety laws, including strengthening background checks, requiring those convicted of domestic violence to surrender their firearms, and closing the unlicensed gun sale background check loophole. However, county sheriffs in some of these states have publicly announced that they will not enforce these laws, citing concerns about the Second Amendment of the US Constitution. This has raised questions about the role of sheriffs in enforcing laws and maintaining public safety.
While sheriffs are charged with enforcing the laws, some argue that they have a separate electoral mandate to consider constituents' views and make independent determinations about the constitutionality of laws. In Washington state, several county sheriffs have refused to enforce a state gun control law passed by a voter-approved initiative, Initiative 1639, which raised the age of purchase and possession of semi-automatic firearms. Similarly, in Colorado, 55 of 64 county sheriffs are plaintiffs in a lawsuit against the state, refusing to enforce what they consider a violation of the Second Amendment.
The refusal of sheriffs to enforce gun safety laws has been met with concern and criticism. Some argue that sheriffs are overstepping their role and undermining the rule of law. Washington's Attorney General Bob Ferguson has stated that sheriffs may not unilaterally decline to enforce a law unless a court determines that it violates the federal or state constitution. He argues that sheriffs who refuse to carry out safety measures also risk being sued and held financially responsible if a firearm is used to kill or injure.
The issue of sheriffs' refusal to enforce gun safety laws is not isolated to a few states but is a trend seen across multiple states, including New York, Florida, Georgia, New Mexico, and Illinois. This has led to concerns about the effectiveness of gun safety laws and the potential for a lawless society where those charged with enforcing the laws get to decide which laws to follow and which to ignore. While sheriffs have broad discretion in enforcing state laws, their refusal to enforce gun safety laws has raised concerns about public safety and the rule of law.
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Sheriffs' role in the constitutional system
The role of a sheriff in the constitutional system is unique in world politics. The word "sheriff" does not appear in the US Constitution, but the role is older than any other elected position in the country. In fact, the role of sheriff predates the US itself, with the first sheriff in the country believed to be Captain William Stone, who was appointed in 1634 in Virginia. The first elected sheriff was William Waters in 1652 for the same shire.
In the US, sheriffs are elected officials in at least 40 states, and 98% of sheriffs are elected by the citizens in their county. They are the chief law enforcement officers, particularly in Southern states, and have wide jurisdiction and primary law enforcement responsibilities. They are responsible for keeping the peace, enforcing state laws, and defending their state's constitution.
However, some sheriffs have refused to enforce certain laws, particularly around gun control, immigration, and marijuana, citing constituent concerns and their belief that the laws violate the US Constitution. This has led to concerns that sheriffs are overstepping their role in the constitutional system and undermining the rule of law. Sheriffs are charged with enforcing the laws, not deciding for themselves whether they are constitutional.
The "constitutional sheriff" movement believes that sheriffs are the ultimate authority in their jurisdiction, even above federal law enforcement, and that they have the power to decide which laws to enforce. This movement has links to white supremacy and has gained enough traction to be taken seriously.
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Sheriffs' mandate to consider constituents' views
While sheriffs are mandated to enforce the laws of their state, some elected sheriffs argue that they have a separate mandate to consider constituents' views and make independent determinations on whether a law violates the state or federal constitution. If they believe it does, they may refuse to enforce it until a court declares otherwise.
This stance is based on the belief that, as elected officials, sheriffs are accountable only to their constituents and not to any higher government power. This idea, known as the "constitutional sheriffs" movement, asserts that sheriffs are the supreme power in their counties and are not subject to local, state, or federal law enforcement authorities. However, this view has been widely criticised as having no valid basis in the text or history of US law and as undermining the rule of law and the constitutional system.
In Washington State, several county sheriffs have publicly refused to enforce a state gun control law (Initiative 1639) passed by a voter-approved initiative in 2018. The sheriffs cited constituent concerns, their belief that the law violates the Second Amendment, and an ongoing lawsuit as reasons for non-compliance. While Washington's Attorney General Bob Ferguson acknowledged that local sheriffs have broad discretion over how to enforce state laws, he emphasised that they may not unilaterally decline to enforce a law unless a court determines that it violates the federal or state constitution.
The debate over the enforcement of Initiative 1639 is not an isolated incident. Sheriffs in California and North Carolina, for example, have taken public stands against supporting federal Immigration and Customs Enforcement (ICE) agents, arguing that doing so would erode public trust, particularly in immigrant and mixed-status communities. These actions highlight the complex dynamics between federal, state, and local law enforcement and the political dimensions inherent in elected sheriff positions.
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Sheriffs' control over how the law is enforced
Sheriffs have a significant amount of control over how the law is enforced in their counties. They are responsible for keeping the peace and enforcing criminal laws within their respective counties. Their duties include making arrests, managing and operating jails, serving warrants, regulating bail bondsmen, and providing various other law enforcement services.
In many regions, especially in the South, sheriffs have wide jurisdiction and primary law enforcement responsibilities. They have fewer checks on their power compared to police chiefs, who usually report to mayors or other elected officials. Sheriffs are elected officials, and in some states like Washington, most sheriffs are elected. This adds a separate political dimension to their office. They are accountable to voters, but this has sometimes led to prioritizing the will of the majority over ensuring equal rights for all. For example, during the Civil Rights Movement, several Southern sheriffs sought to consolidate power for whites by targeting Black protesters who were attempting to vote.
Sheriffs have the power to decide which laws should be enforced by officers working under them, and it is not uncommon for them to refuse to enforce certain laws. They often state that they are responsible for determining if a law violates the state or federal constitution, and if so, they may publicly refuse to enforce it. However, this is a highly controversial practice as it undermines the rule of law and sets a precedent for a lawless society. While sheriffs can lobby for new laws and challenge the constitutionality of existing ones, they are charged with enforcing the laws as they stand.
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Sheriffs' investigative authority and limitations
While the precise role of sheriffs varies from state to state, they have some duties in common, including overseeing local jails, transporting prisoners and pretrial detainees, and investigating crimes. In some states, sheriffs are also responsible for ruling over a person's cause of death, acting as coroners.
In states that authorize sheriffs to investigate all state crimes, their authority likely includes election-related crimes in their county. However, in states that limit sheriffs' investigative authority, the investigation of election-related crimes may be outside their jurisdiction. Even where sheriffs have general investigative authority, they are prohibited from taking actions that violate the state or U.S. Constitution, including constitutional guarantees of due process, equal protection, and freedom from unreasonable searches and seizures. Investigations must be based on credible information, and any surveillance, search, or seizure of persons or things must be justified.
Sheriffs in the United States take an oath upon entering office to perform various actions, such as keeping the peace, enforcing state laws, and defending their state's constitution. While they have broad discretion over how to enforce state laws, they may not unilaterally decide to not enforce a law unless a court determines that the law violates the federal or state constitution.
Some sheriffs who are elected to office argue that they have a separate electoral mandate to consider constituents' views and make independent determinations about whether a law violates the state or federal constitution. If they determine that it does, they may refuse to enforce it until a court declares otherwise. However, this sets a precedent that undermines the rule of law and paves the way for a lawless society in which those charged with enforcing the laws get to decide which laws to follow and which to ignore.
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Frequently asked questions
Sheriffs have a lot of power and control over how laws are enforced. They are charged with enforcing the laws and keeping the peace. However, they are not above the law and do not have the authority to suspend laws.
If you believe a sheriff is acting outside their authority, you can contact your local or state legal counsel for advice and guidance. Procedures are available for seeking to remove, suspend, or recall a sheriff if necessary.
Yes, it is not uncommon for sheriffs to refuse to enforce certain laws. They may publicly refuse to enforce laws they believe violate the state or federal constitution, but only until a court declares otherwise.
In Washington State, several county sheriffs refused to enforce a gun control law passed by voter initiative. In California and North Carolina, sheriffs refused to support federal immigration enforcement raids, citing concerns about eroding public trust.
The "constitutional sheriffs" movement is a troubling development where local law enforcement, particularly county sheriffs, seek to intervene in election administration. They argue that they are defending the constitution, but in reality, they are trampling on it.
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