By Al Duncan
April 8, 2011
Last year my wife and I attended a conference arranged by a good friend, Dr. Stanley Monteith. The four speakers were excellent, but it was Sheriff Richard Mack who impressed us most. Starting as a part-time “meter maid” he worked his way through college with hopes of following his father’s career with the FBI. Circumstances thwarted that direction and he found himself working for the local police department. In order to expand the department, the leadership demanded numbers, which meant citations and arrests. Not wanting to disappoint his superiors, he quickly became a by-the-numbers jerk. “I literally justified my existence on the backs of the citizens,” he told us.
After five years on the force, he was offered a one-year undercover assignment in narcotics. With 24 hours to decide, a wife and three young children to consider, he realized the consequences could be huge. He couldn’t be seen in public with his family, and he had to learn to drink, smoke, and party-hearty with the druggies. Being a strict, life-long Mormon, this would be his most life-altering experience yet.
Accepting this assignment was the turning point in Mack’s life. Although he found the entire year repulsive, he was forced to examine the Drug War, particularly in relation to law enforcement. He studied this issue and all related aspects only to find that the public was being misled. He painfully concluded the War on Drugs was a farce.
Through these studies he learned the basic principles upon which America was founded. Since he, as every police officer, had taken an oath to uphold the U.S. Constitution, he thought it wise to scrutinize this document in order to understand exactly what he had sworn to uphold. He studied the Declaration of Independents, the Bill of Rights, The Federalist Papers, and the Constitution. He learned that the founding fathers meticulously structured our laws to limit government. Efforts were used to construct a system that served the people; that gave the people unlimited liberties, and reserved the reins of that power firmly within the peoples’ hands. Never before in history was a governmental system designed to serve the people. The founders realized that Almighty God had endowed people with the un-transferable right to life, the right to be free, the right to pursue happiness, and no man should possess the power to expunge or retract those God-given rights.
From this understanding grew a strong disdain for abusive government and Mack determined to never again transgress his oath to the American people.
In 1988 Richard Mack and his family moved to Safford, Arizona. He ran for Graham County Sheriff and won. Sheriff Mack learned that the supreme law enforcement officer in each county is the sheriff. And so he enlightened us: “The historical review of the office of the sheriff dates back over a thousand years. The King of England would appoint a representative called a reeve to keep the peace in the shire or county. The shire reeve, or sheriff, as the position became known, has always been the chief law enforcement officer in the county. Now, instead of the King, the people appoint him.
“The most important aspect of the sheriff’s authority is that he’s elected by, for, and of the people. He’s not a bureaucrat who’s appointed and he doesn’t report to the town manager or the city council. He reports directly to the people and is answerable to them and them alone. For the sheriff to allow anyone or anything to violate the rights of his employers would be dereliction of the highest order; whether a traffic violation, robbery or tyranny, the sheriff is bound by his oath to uphold the constitution and to protect the rights of those who elected him.
“The highest police authority within a county is the sheriff and, only the sheriff and the Governor possess the power to call out the militia (citizen volunteers), or posse.”
In 1994 Congress passed, and President Clinton signed it into law, the Brady Bill. According to Sheriff Mack, “This law forced the sheriff to do the bidding of the Federal Government by promoting gun control within their jurisdictions and, they were ordered to do so with no allocation of funds. The Brady Bill also contained a provision to arrest a county official if they didn’t comply.”
Sheriff Mack was the first sheriff to file a lawsuit to put a stop to the Federal Government’s usurpation and abuse of power. Eventually other sheriffs from around the country joined the lawsuit.
The landmark decision on the issue of states’ rights and local sovereignty was rendered on June 27, 1997 in the case Mack vs. the U.S. Supreme Court Justice Antonin Scalia wrote on behalf of the majority: “The Federal Government may not compel the states to enact or enforce a federal regulatory program,” and, “States are not subject to Federal direction.” This is a monumental decision in law enforcement! This means that the Federal Government has no authority to force a federal mandate upon the States.
Justice Scalia then explained the Constitutional intent, “The great innovation of this design was that our citizens would have two political capacities, one state and one federal, each protected from incursion by the other, establishing two forms of government.” He then clarifies further, “This separation of the two spheres is one of the Constitution’s structural protections of liberty, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.” And, “The power of the Federal Government would be augmented immeasurably if it were able to impress into its service, and at no cost to itself, the police officers of the 50 States.” Concisely, the opportunity for tyranny would be unrestrained if the Federal Government had authority to commandeer police officers of every State to carry out their directives, and it would be even more injurious to do so without compensation.
To prevent those in government from seizing undue powers and violating the rights and liberties given to the peoples by God, they were bound securely with strict safeguards and secure balances. One of these checks and balances is the separation of powers, limiting the Federal Government, while granting additional powers to the States.
Speaking to an audience of over a hundred, Sheriff Mack expounded on the Sheriff’s duties, “Nothing supercedes the Bill of Rights, it’s supreme and its violation would be treason. Likewise, within the county no one supercedes the sheriff; he is the law. The High Sheriff of this country needn’t ask anyone how he keeps his oath of office, not the Supreme Court, nor the Federal Government. The Constitution, America and freedom come first! Therefore, we as sheriffs, if forced to choose between keeping our oaths and allegiance to freedom and justice, or following orders from vapid politicians and misguided judges, the choice is clear, we side with ‘We the People.’ Liberty is thus protected and preserved by the very servants who promised to do just that. ‘To Protect and Serve’ is a foregone conclusion and a paramount obligation. We do our job and our duty; we keep our word to our constituents and defend them from all injustice, even if it’s from legislators, judges, or federal agents. The Federal Government, the White House, or Congress doesn’t hire us, they cannot fire us, and they cannot tell us what to do. Therefore, their legislation aimed at the sheriffs or any other officer of the counties in this nation, are entirely meaningless and have no way of being enforced unless we say so.
“If you don’t know your rights, then you don’t have any rights.” Sheriff Mack then quoted Thomas Jefferson: “If a people expect to be ignorant and free, they expect what never was and what will never be.”
In each new Congress since 1995, Rep John Shadegg has introduced the Enumerated Powers Act (HR 1359). The Act, which is continually rejected by our lawmakers, reads: “Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act.”
If enacted, the Enumerated Powers Act requires Congress to specify the basis of authority in the U.S. Constitution for the enactment of laws and other congressional actions. The Constitution gives Congress 18 specific enumerated powers, spelled out mostly in Article 8 and reinforced by the 10th Amendment.
Excerpted from my book, The Master Plan, published in 1999: “The original writers of the U.S. Constitution and the Declaration of Independence masterfully erected separate institutions to guard against them being dismantled. These independent institutions make it difficult to attach political linkages and illegal bridges designed to weaken the country’s structure and force another government upon the people. The most powerful weapon against freedom, is ignorance. Being ignorant of your rights, and the laws that protect those rights, render you vulnerable. Being unaware of what the Constitution and the Declaration of Independence affords you, and the restrictions it places on those with authority over you, enable the enemies of freedom to disregard or avoid or evade those documents, and in this way, they are eventually rendered powerless.”
The Declaration of Independence states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.”
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In Sheriff Richard Mack’s booklet, The County Sheriff, America’s Last Hope, which every law enforcement and the peoples they protect and serve should read, he warns: “The very essence of tyranny is defined by the blind enforcement of stupid and unconstitutional laws. Sheriffs aren’t puppets for the courts or legislatures! To go along with laws that we know, or should know are wrong; protects and serves no one. We are sworn officers to uphold and defend the U.S. Constitution! To violate that oath for a judge or a legislature is nevertheless, a violation.
“Furthermore, I cannot violate this oath even if my boss (the voters) demands that I do so. If a simple majority or even the entire citizenry save one, vote to violate the rights of another citizen, I must stand with the one!”
© 2011 Al Duncan - All Rights Reserved
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“Al Duncan is the author of The Master Plan, which is now being revised. He is also compiling a booklet of about 60 short articles for publication and future availability. Until recently, he wrote a weekly column for a local newspaper, the Lake County Record Bee, distributed by Associated Press. The readers were basically secular and unaware of the New World Order, so his articles were written hoping to educate the reader on this subject. However, Al realizes that NewsWithViews attracts an informed reader, who is seeking to expand his or her understanding of the truths behind the daily events, and how these truths can best help them meet the challenges ahead.
the fourth generation of Real Estate Brokers and for the past eight years
he has owned Al Duncan Real Estate, Inc. in Clearlake, California. For
the past seven years he has been on the financial committee, participated
as a Sunday greeter and head usher at Lake County Bible Fellowship in