Posted on 04/07/2013 6:48:13 AM PDT by CodeToad
Colorado Governor John Hickenlooper is expected to sign into law a bill that would give the U.S. Secret Service "limited" police power while operating in the state of Colorado. The bill, SB 13-013, which has already been passed by both the Colorado House and Senate, has sparked a firestorm of controversy because of fears that the proposed power could be used by Secret Service agents, acting on behalf of the Obama administration, to arrest sheriffs in Colorado who refuse to enforce unconstitutional federal gun controls.
(Excerpt) Read more at thenewamerican.com ...
You and I agree on that. What the legislature is trying to do is create a law that claims they are only expanding who can be a LEO in Colorado. However, they are also attempting to claim those new people have powers currently only delegated to Sheriffs, State police, and municipal authorities. That I do not see them having authority to do.
“If they tried that in Alaska they would be arrested.
Alaska recently passed laws that Federal agents can and will be charged with felony charges if they come into Alaska trying to enforce particular federal firearms laws penned by Obama.”
Alaskans take their rights far more seriously than the repeatedly duped people of Colorado.
That being said Alaska needs to be slow in her implementation of that law starting with letting the The Federal employees in black robes take but NOT dismiss the case on constitutional grounds.
Only after The Federal employees in black robes decide with their employees should Alaskans begun to start looking at refusing to allow lawless Federal agents run rampant over their rights. But to stop them Alaska must enlist the aid of her sister states who are of course similarly aggrieved.
Alaska can win this fight, but not alone. Nor is Alaska alone there are many States that feel as Alaska does. Coordinated with them to tie up Federal resources.
“No such federal authority exists, despite what CO’s political tyrants wish. The Sheriff has every right to deputize citizens and use necessary force to defend themselves. They are the HIGHEST law enforcement authority in their respective jurisdiction.”
This is indeed the case in the common law that has always governed our land going back to the days of England. The fact that the western sheriff is directly elected by the people only serves to underline his sovereign authority in the practical matter of law enforcement.
A sheriff by virtue of his office is NOT required to enforce any law he deems unconstitutional, whether that law is state, federal, or local in nature. Indeed he is duty (& in many cases oath) bound to appose such enforcement.
That is his job, and that is why in the western states he is elected as a Representative of the people in their sovereign law enforcement capacity.
In this way the sheriff in a more general sense is very much like the jury, and just one more check in what is suppose to be a long line of checks designed to help protect our rights.
If they don't want to enforce it then repeal it.
You should read up on “checks and balances” and the history of the United states and the US Constitution.
I've read both and am very familiar with the concept. What's the point you're trying to make?
I would hope the Republicans would.
The New Mexico idea was not challenged in federal court, and especially since Clarence Thomas “breathed life” into the Privileges or Immunities clause, I doubly think it would not fly now, despite what state legislators might think.
Importantly, note the repeated mention of *just* the Secret Service, as if they are the only federal police that matter.
The authority of the Secret Service is very precisely delineated in the law. Enforcement of local and state laws that are not federal felonies is not within their authority.
If a federal agent exceeds his delegated authority and commits a tort (civil wrong) within a state, he may be sued in state court; see Johnston v. Earle, 245 F. 2d 793 (9th Cir. 1957); and Hunsucker v. Phinney, 497 F. 2d 29 (5th Cir. 1974). A state cannot excuse him of this offense, by offering to extend his authority, because they cannot do this in federal law.
There’s been a flood of ‘em from the northeast.
Accepted.
” Stuff’s so grim lately I can’t remember the last time I laughed :(”
That’s the truth. Same here.
Glad I could brighten your day.
Enjoy it now, cuz you likely won't have that pretty gear for long . . .
The fact that someone in the Colorado legislature wanted Secret Service Agents to have this privilege is startling. Why not the FBI or other federal agents? It also specifically gives non special agents such as technicians law enforcement authority. Just who is expecting to use a SS agent in such a capacity? SS agents are limited in number, so why this push? Colorado has the right to define who is a law enforcement agent but they just defines SS agents and technicians as those people. Why?
“If they don’t want to enforce it then repeal it. “
How naïve. Sheriff’s do not make law. Again, you need to study civics.
Sure. Show me what part of civics says a sheriff or any other law enforcement official can choose which laws should be enforced and which not.
That, as they say, is the $64 question.
There are 100+ federal police agencies and organizations, and now non-police agencies have been authorized to buy police SWAT equipment and set up their own tactical teams.
(Most notoriously, when the Department of Education sent in its SWAT team, to the wrong house, over suspected student loan fraud.)
In addition to guarding the president and candidates, the SS also pursues counterfeiting, but also:
“any of the laws of the United States relating to electronic fund transfer frauds, access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution; except that the authority conferred by this paragraph shall be exercised subject to the agreement of the Attorney General and the Secretary of Homeland Security and shall not affect the authority of any other Federal law enforcement agency with respect to those laws.”
Which is quite a mouthful.
Almost correct. In many states the local Medical Examiner, aka County Coroner, is the ultimate LEO. He/She has the power to file warrants and arrest the County Sheriff.
This is based on the evidentiary ability of autopsies.
“I wonder if there was some super-secret communiqué that went out to American socialists asking that they relocate to Colorado to help collapse that state in the same way they did California.”
No, they had to find a place similar to California but with fewer blacks and Hispanics. Socialists don’t want to breed, then get upset when their playgrounds (NYC, LA, etc.) fill up with darker people. Next door to me in NYC the libs are supportive of commissar Bloomberg because he’ll crack the whip to get those darker people to stop defecating on the sidewalks; they loved Giuliani for the same reason.
How many people 25 years ago thought CO would be a safe redoubt for them?
I would say that the sheriffs need to act first, and arrest any Secret Service (SS) agents first!
Um, because the CO state gun laws that were just passed are unlawful & unconstitutional! What part of the 2nd Amendment "shall not infringe" don't you understand?
Except for the part about arresting for violations of federal laws, the SS has the same power as any citizen of the US when it comes to enforcing state and local laws. . .you know. . .citizen arrest powers.
Colorado, it appears, is trying to deputize in some way the SS.
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