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There is no such Federal Court ruling and never will be since it is patently absurd. For one thing, the local Sheriff is absolutely powerless to be informed, or consulted, much less asked for approval since Federal agents have every right and obligation to conduct investigations of the sheriff himself.
There is no such Federal Court ruling and never will be since it is patently absurd. For one thing, the local Sheriff is absolutely powerless to be informed, or consulted, much less asked for approval since Federal agents have every right and obligation to conduct investigations of the sheriff himself.
Do you think the Sheriff cares whether or not a federal court ruling exists? They're in HIS district and he can detain them if they come unannounced to conduct an investigation.
I haven't read the article, firewall at work blocks it.
But I've heard about this elsewhere. It does bring up the question of "State's Rights", which is actually a misnomer, should be "State immunity from Federal ascendency".
This has been an issue ever since the Constitution was written, and before.
If Wyoming wants to quarter its National Guard troops in other citizens' houses without the citizens' consent during some emergency, can they do it?
If the Fed govt wants to forbid Wyoming residents from building houses on the edge of a Wyoming lake (which is entirely within Wyoming's borders), can the Fed do it?
If Wyoming wants to pass a law saying it's OK to take black people off the street, put them in chains, and force them to work on farms, can Wyoming do it?
In the first and third examples, the Constitution has a clear prohibition, forbidding anyone from doing those things, and I say the ban includes Wyoming, whether the sheriff likes it or not.
In the second example, there is no provision in the U.S. Constitution saying the Fed govt can control citizens' building things around a state's lake. I say that, if the Fed trys to make such a law, the Sheriff in Wyoming can tell the Feds to go pound sand. And if Wyoming law says its citizens CAN build on the lake's edge, and some Federal agents show up and try to stop them, the Sheriff CAN throw the agents in jail for violating Wyoming law.
The reason the Sheriff can throw the Fed agents in jail, is because the Fed govt has only the powers explicitly given it by the Constitution. Since no mention of regulating building around an in-state lake exists in the Constitution, the Feds have no power to stop the Wyoming residents; and if the Feds try in violation of Wyoming law, the Federal agents can be arrested by Wyoming law enforcement officers.
Where the Fed has a legal power (i.e. assigned by the Constitution), the Wyoming Sheriff is powerless. Where the power is NOT assigned to the Fed by the Consitution (and not forbidden to the states by the Const), the Wyoming Sheriff is the top authority, whether the Feds like it or not.
Do you think the Sheriff cares whether or not a federal court ruling exists?
We've been down this road before, if there are any still alive, you can ask any of a number of Southern sheriff's who to their chagrin believed the same thing.
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They're in HIS district and he can detain them if they come unannounced to conduct an investigation.
I doubt that this podunk sheriff's depart is larger than the smallest Federal law enforcement agency, which for trivia fans is the Supreme Court police.
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