The Supremacy Clause says the Constitution is the Supreme Law of the Land and federal laws are ONLY supreme if they are made in compliance to the Constitution. The Supremacy Clause (Article VI sec 2) is a very simple statement and it doesn’t need complicated legal analysis. It says what it means and means what it says.

“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; …shall be the supreme law of the land.”

That means that if federal law is contrary to the Constitution it is NOT the Supreme Law of the Land. Not only that, Alexander Hamilton tells us that any law that is contrary to the Constitution is NO LAW at all.

“No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.” ~ Federalist #78

Your Sheriff has an obligation to defy and refuse to comply or enforce any unconstitutional law or regulation. the Sheriff is NOT an agent of the State. He is an elected representative of The People. The State does not hire a Sheriff, the People elect him and they expect him to keep his oath to the people. Inherent in that oath is the requirement of the Sheriff to protect the people from all who would take their property in violation of their rights.

If we expect that our Sheriff, as much as he is able, will help to protect our homes, our property, our lives, and our families from the acts of those who would violate our rights. But what happens when it’s the government itself who takes up the role of one who would take our rights, the role of the criminal? James Madison wrote in 1792, “In a word, as a man is said to have a right to his property, he may be equally said to have a property in his rights.”

If you would want your Sheriff to protect your home from criminal invasion, Madison is simply reminding us that we should also want our Sheriff to protect us from having our Rights criminally invaded. Is the Sheriff bound to uphold the law even when that law violates his oath to the Constitution and seeks to deprive the citizens their Liberty? Of course not! The duty and the obligations of the Sheriff do not change even when the violator of our Liberty is the government itself. To fail to protect our Liberty from all unlawful activity is a dereliction of duty.

We must educate ourselves on the Truth regarding the application of the Constitution and the proper role and duty of our Constitutional Sheriffs. If you would like to become better educated on this issue, may I humbly suggest chapter 5 of my book Sovereign Duty (http://goo.gl/IF4tGS), titled “A New Sheriff In Town.”

 

KrisAnne Hall is an attorney and former prosecutor, fired after teaching the Constitution to TEA Party groups – she would not sacrifice liberty for a paycheck. She is a disabled veteran of the US Army, a Russian linguist, a mother, a pastor’s wife and a patriot. She now travels the country and teaches the Constitution and the history that gave us our founding documents. KrisAnne Hall does not just teach the Constitution, she lays the foundations that show how reliable and relevant our founding documents are today. She presents the “genealogy” of the Constitution– the 700 year history and five foundational documents that are the very Roots of American Liberty.