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On guns, sheriff should toe constitutional line

by Doug Bohn
| March 5, 2013 8:00 PM

The sheriff's statement that the supremacy clause in the Constitution trumps state law evidences a cornerstone of his political platform he surely concealed running for office. If the sheriff truly believes this, he has a VERY flawed view of federal/state relationships.

Federal Law REQUIRES ALL FEDERAL AGENCIES to obtain permission from local officials to operate within local jurisdictions. Federal NEPA law defines how federal employees (Forest Service, Department of Agriculture, etc.) are to receive guidance from local authorities in considering any activity within the boundaries of said county.

There are similar laws restricting federal law agencies from running roughshod over local authorities. It is astonishing to me that such a gross misunderstanding regarding authority of local offices can exist here in North Idaho considering the Ruby Ridge case clearly placed the responsibility for the actions of the federal agents on the local sheriff BECAUSE the feds were operating within HIS county, under HIS authority. The same was verified in federal court regarding the Branch Dividians in Waco, Texas.

The power of local officials and the limitation of federal agents have been repeatedly clarified in federal court. Should the sheriff check his records I'm sure he will find memoranda of understanding, or similar documents, granting his authority to each federal agency operating within his county. If not, then he or his predecessors have forfeited your rights. Those rights not exercised are lost. The pecking order of our public servants is clearly established, and it is becoming clearer that the definition of public SERVANT needs to be re-asserted!

Our sheriff should study our country's Constitution intent on fully understanding some key statements. Such as: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." And: "By the people for the people." It was loudly declared by our founding fathers that "The People" are superior to the government which confirms natural law wherein the creation can not be greater than the creator. The People created the government and "The People" tied the monster down "with the chains of the Constitution."

This government was founded on the unmistakable understanding that the people rule. Therefore the most powerful forms of government are those closest to the people. It is the CONSTITUTION elected officials have taken oaths to defend, NOT the FEDERAL GOVERNMENT. If Sheriff Wolfinger believes I have misunderstood or misconstrued his stance on citizens' rights he can correct me by publicly joining the Constitutional Sheriff's Association at ConstitutionalCountySheriffs.com. I, and MANY of my constituents, will continue to pay attention.

Doug Bohn is a Coeur d'Alene resident.