POWER OF THE COUNTY SHERIFF
See our Sheriff Handbook. It can also be found under the VLJ Library Tab.
This information originally appeared in National Liberty Alliance. We have linked it here for ease of usage.
Learn how to "Exercise Oversight" click the link below for a suitable education that Jefferson spoke about: https://www.nationallibertyalliance.org/government-consent-course
It is extremely important to understand the difference between Law and Statutes. We must first understand that all law derives from God, whereas statutes are legislated law. It was Thomas Jefferson who Discovered America’s Freedom Formula and we were warned by our founding fathers that the formula for freedom could be lost in a single generation by simply not providing a proper education for our children.
Thomas Jefferson said: "I know no safe depositary of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power. An enlightened citizenry is indispensable for the proper functioning of a republic. Self-government is not possible unless the citizens are educated sufficiently to enable them to exercise oversight. It is therefore imperative that the nation see to it that a suitable education be provided for all its citizens." Therefore if we are not “educated sufficiently” we “cannot “exercise oversight”.
It will quickly become self-evident to the reader of this website, that this is that “suitable education” Thomas Jefferson wrote about.
We are “One Nation under God with Liberty and Justice for all”, We the People covenanted with God when we declared Independence in 1776 and claimed entitlement of “the Laws of Nature and of Nature's God” when we declared; “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 to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” Declaration of Independence.
The Laws of Nature's God is the Common Law; and under our own authority, gifted by God, We the People exercised our unalienable right to institute a government via a Constitution when we said: “We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”Take note that We the People“Ordained”the Constitution and We the People were vested by God with the unalienable right to ordain Law for government. Thereby We the People through the Constitution empowered our legislators, with the purpose to secure the aforesaid rights, in Article I Section 1 where we read “ALL LEGISLATIVE POWERS herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
t is also important to note that when legislators write law for We the People without their consent; they war against God and the People. The United States Supreme Court defines statutes as: “An act of the legislature declaring, commanding, or prohibiting something; a particular law enacted and established by the will of the legislative department of government; the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state.” Federal Trust Co. v. East Hartford Fire Dist., C.C.A.Conn., 283 F. 95, 98; In re Van TasselFs Will, 119 Misc. 478, 196 N.Y.S. 491, 494; Washington v. Dowling, 92 Fla. 601, 109 So. 588, 591. But the fact of the matter is that the will of the legislators is restricted by the will of the People (Constitution) just like the will of the People is restricted by the will of God.
The United States Supreme Court said: “The common law is the real law, the Supreme Law of the land, the code, rules, regulations, policy and statutes are “not the law”. - Self v. Rhay, 61 Wn (2d) 261. “There, every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowman without his consent." - Cruden v. Neale, 2 N.C. 338 (1796) 2 S.E. We the People consent to legislated law only as we defined it in the Constitution for the United States of America. As Thomas Jefferson put it, “we bound government down by the chains of the Constitution”. We the People defined that Law in the Constitution Article VI as: “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” Simply put We the People are bound and judged under the Common Law and statures where we have given our consent and government is bound and judged under the Constitution that We the People ordained.
We the People vested congress with the following eighteen powers under Article 1 Section 8: (1) Power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare; (2) To borrow money; (3) To regulate commerce; (4) To establish a uniform rule of naturalization, and bankruptcies (5) To coin money; (6) To provide for the punishment of counterfeiting; (7) To establish post offices and post roads; (8) To promote the progress of science and useful arts; (9) To constitute tribunals (10) To define and punish piracies; (11) To declare war; (12) To raise and support armies; (13) To provide and maintain a navy; (14) To make rules for the government and regulation of the land and naval forces; (15) To provide for calling forth the militia; (16) To provide for organizing, arming, and disciplining, the militia; (17) To exercise exclusive legislation in all cases whatsoever, over such Washington DC and (18) To make all laws which shall be necessary and proper for carrying into execution the foregoing powers.
So, the questions that need answering is: How is it that congress has written so many statutes beyond their authority? How is it that judges uphold legislation that legislators had no authority to write? How is it that lawyers counsel all government agencies and law enforcement to obey and enforce unconstitutional statutes? How is it that Sheriffs and other Law enforcement Officers enforce unconstitutional statutes? How can an Oath-taker be an Oath-keeper if (s)he does not know the Law? How is it that People obey unconstitutional statutes to their own peril, namely loss of Liberty? We were to be a nation of Laws under God, how have we become a nation of statutes under men? The answer is simply “we lost our way” because we are ignorant of the Law, and thereby lost the lamp upon our path, while government does what it does best, taking more and more power as our liberties continue to be nibbled away, until we find ourselves enslaved under corporatism. As Thomas Jefferson said; "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
The United States Supreme Court gave us half of the solution to our problem when they said: "The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void andineffective for any purpose, since its unconstitutionality dates from the time of its enactment... In legalcontemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers noright, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede anyexisting law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886).
The other half of the solution is to empower yourself through education and that is the purpose of this website. If you are like most People, you may think you lack the education to understand the law. Then we say unto you if you have understood what you have read on this page already then you can understand the law. As Thomas Jefferson said: (concerning Law -vs- statutes) "Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure."
Only the Sheriff can stop these encroachments but in order to stand upon the first half of the solution the Sheriff must first find his backbone in the second, education in The Law! Sheriffs are responsible for the actions of his Deputies, in that they too need a proper education. As we stated in the beginning the purpose of this site is to facilitate a proper education for our Sheriffs and other elected and appointed servants, because We the People need Constitutional Sheriffs who will protect our Liberties in our courts and our streets. We also will endeavor to connect Sheriffs with People in their counties who have the same desire to restore Law in government.
There are three issues that have been lost from our American education, which are the very "Principles of Liberty";
Ethics (biblical principles and practice, God),
Justice (judicial principles and process, common law) and,
Political Science (political principals and process, rule by consent of the people)
Thomas Jefferson said: "An enlightened citizenry is indispensable for the proper functioning of a republic. Self-government is not possible unless the citizens are educated sufficiently to enable them to exercise oversight. It is therefore imperative that the nation see to it that a suitable education be provided for all its citizens."
The following PDF's are copies of a series of memos to all American Sheriffs in an effort to educate them and prepare them for the inevitable:
President Kennedy said; “A revolution is coming – a revolution which will be peaceful if we are wise enough; compassionate if we care enough; successful if we are fortunate enough – but a revolution which is coming whether we will it or not. We can affect its character; we cannot alter its inevitability”. This great fallen hero and martyr before giving his life went on to say; “Those who make peaceful revolution impossible will make violent revolution inevitable”. It is at this precipice we stand today, it is for this purpose we are here today and we resolutely set our face, and by the grace of our God we will succeed today:
Power and Authority of the County Sheriff
Memo 003 - Chief Law Enforcement
Open Letter to the Sheriff