In a riveting episode of the Two Mikes, Sheriff Richard Mack, a constitutional sheriff from Graham County, Arizona, shared his insights on the role of constitutional sheriffs in preserving the American republic. As the founder and president of the Constitutional Sheriffs and Peace Officers Association (CSPOA), Sheriff Mack is leading a non-violent revolution to restore constitutional government across the United States.
The CSPOA, holding its annual conference in Orlando, Florida on September 7, 2024, boasts a membership of about a thousand constitutional sheriffs – roughly one-third of the nation’s total. These sheriffs, along with their deputies and supporters, have pledged to uphold the U.S. Constitution, particularly focusing on restoring the Bill of Rights. Sheriff Mack emphasizes that their primary duty is to protect life, liberty, and the pursuit of happiness, which he underscores includes the protection of personal property.
Sheriff Mack’s approach to law enforcement is a direct response to the growing overreach of federal power. Constitutional sheriffs, he argues, have a unique responsibility to block unconstitutional actions, such as gun seizures, forced business closures during the COVID-19 pandemic, and the blatant violations of liberty experienced by Amish farmers and others across the country. By adhering strictly to their oath to the Constitution, these sheriffs act as a crucial check on federal overreach, defending the rights and freedoms of their communities.
Sheriff Mack’s fight for liberty is not just theoretical. He famously challenged the Brady Handgun Violence Prevention Act (Brady Bill) in the Supreme Court case Mack vs. United States (1995). The Brady Bill required local chief law enforcement officers (CLEOs) to perform background checks on prospective handgun purchasers until a federal system was established. Sheriff Mack argued that this requirement was an unconstitutional overreach of federal power.
The Supreme Court, in a decision penned by Justice Antonin Scalia, ruled in Mack’s favor. The Court reaffirmed the principle that state legislatures are not subordinate to federal direction, underscoring that the federal government cannot compel state officers to enforce federal laws. This landmark decision struck a significant blow in favor of state rights, reinforcing the Founders’ vision of states as a check against the expansion of federal power.
Today, Sheriff Mack and the CSPOA continue to champion the cause of liberty. The federal government’s relentless expansion threatens to solidify it as a concentration of dictatorial power. Constitutional law enforcement officers like Sheriff Mack represent our last, best hope to prevent this outcome. By empowering sheriffs to act in defense of the Constitution, the CSPOA aims to restore a balance of power and protect the freedoms that are the bedrock of the American republic.
The full text of the Supreme Court’s decision in Mack vs. United States is available on the CSPOA website and other legal resources online. This case stands as a testament to the power of dedicated individuals to uphold the Constitution and resist federal overreach.
Sheriff Richard Mack’s story is a powerful reminder that the fight for liberty is far from over. Constitutional sheriffs play a vital role in defending our rights against an increasingly intrusive federal government. As Americans, we must support these brave law enforcement officers and join their efforts to restore constitutional governance across the nation. The future of our republic depends on it.
