Resolution Recognizing the Constitutional Authority of Sheriff
The Libertarian Party of Delaware defends the Constitutional authority of the Office of Sheriff. We furthermore oppose the actions of the Delaware General Assembly to limit this authority and reduce the role of local law enforcement in supplementing and overseeing other law enforcement agencies. The Sheriff of the county is the only elected law enforcement official in the state and the ability of the Sheriff to keep law enforcement officials from exceeding their mandate is critical to the maintenance of a free society.
We specifically support Sheriff Jeff Christopher of Sussex County in his efforts to uphold the Constitutional authority of his office.
We demand the following:
- The Delaware State Senate to defeat HB 325.
- Delaware’s state representatives who supported HB 325 to repudiate their support.
- The governor to veto HB 325.
We also encourage the voters of Delaware to carefully consider whether lawmakers supporting HB 325 are worthy of reelection in 2012.
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Remove Jeff Christopher
Restore the office of Sussex County Sheriff to the way it used to be. Vote Jeff Christopher out of office, just like was done to Bob Reed. If more law enforcement officers are needed, then expand the State Police. The is no need to create another administrative layer, another expense.
Better Still, Downsize the State Police
Law enforcement must ALWAYS be local. Local is the only way to prevent nationalized tyranny of a police state. Going to the State Police could not be more wrong headed. If one wants to squeeze fiscally, it is much better to downsize the centralized police forces and reduce our out of control entitlement programs.
Sheriff's authority
I'm surprised you are taking this position. Look, I don't care what is claimed to be the constitutional authority of the sheriffs. It has been long-standing practice that the sheriffs are not the law enforcement agency within the counties. They serve papers and hold foreclosure hearings. Here's the thing: Did Christopher run for Sheriff on the idea that he would be enforcing laws? I think not because he wouldn't have been elected. After the fact, he is trying to claim power that has not been recognized for decades. He should have run on the idea that he would legally be able to enforce the laws. Then, if he won, he would at least be able to claim that the people voted for him to enforce laws.
I thought you were Libertarians, not the Constitutional Party. Harking back to the way things were way-back-when is lame. Common sense and common understanding should prevail and most people would agree that the sheriff isn't the law enforcer of the county.
Sheriff's authority
Many people in Delaware seem to have an oddly twisted view of the Office of Sheriff. I do not understand how the idea came about that the Sheriff is merely a delivery boy and auctioneer with no law enforcement authority.
All four versions of Delaware's Constitution, from the first one adopted in 1776 to the current version adopted in 1897, as well as more than a thousand years of common law tradition make it clear that Sheriff is in fact the highest law enforcement authority in any county. This is accepted without question in most of the United States, and most of the English speaking countries of the world. The "decades" of "long-standing practice" that you refer to clearly pale in comparison.
According to both of my law dictionaries, the law enforcement authority is inherent in the definition of the word. John Bouvier's Law Dictionary, Sixth Edition says:
and Black's Law Dictionary, 6th Ed. says:
I personally would much rather have Law Enforcement Officers who are directly answerable to the people, rather than hired or appointed by a Mayor, City Council, County Executive, or Governor, or worse yet, by an unelected City or County Manager. Like Trial by Jury, this is one of the important checks and balances on the power of government that the ruling elite are trying hard to eliminate. If we value what's left of our liberty, we can not allow them to succeed.
Since I don't live in Sussex County, I can't speak to what Sheriff Christopher may or may not have said during his campaign. But I can tell you that I am thoroughly disgusted with the people of New Castle county for caring so little about this issue that they continued to elect such an ineffective Sheriff as Mike Walsh for 30 years simply because he had a donkey logo next to his name on the voting machines. Maybe it's his fault that people think the Sheriff has no power beyond serving paperwork. And Trinidad Navarro has been no better. But I'd still rather have either of them in charge of the county Police than whatever random person the County Executive chooses to appoint. The voters should be able to choose the Officers that enforce the laws as well as the Legislators who make them.
Do you know anything about
Do you know anything about Section 1021 & Section 1022 of The National Defense Authorization Act Mr. Delaware rube? Do you understand the elected Sheriff would be your last defense?
Know it clearly.
A local sheriff as my last line of defense is exactly what I want. NDAA is unconstitution - period. And you are changing the subject. Sections 1021 and 1022 are EXACTLY why we don't want centralized police - or any military operating domestically. Citing NDAA as a reason not to have a sheriff further confirms your irrational thinking.
re: office & authority of Sheriff
Historical or not, if we use the "logic" of "way-back-when", & use that as an excuse to trivialize the office of Sheriff, the proverbial 'camel' hasn't only slipped their nose into the tent, it's already IN the tent.
Our Constitution, both Federal & State, was born of those same days... our Traditions, our Laws, our Foundations. Would "Anonymous" please come out of hiding & take responsibility for their comments? Personally, I'd like to know who's comfortable w/ disregarding an Inconvenient Truth. I'd like to know who's willing to sacrifice our last line of defense for a bit of convenience.
Let us keep in mind, all five members of Sussex County Council voted unanimously to relegate the office of Sheriff to that of a messenger. Let's all hope that they don't also vote to remove the rest of our protections, like voting?
BTW, most here have got better things to do, like Campaigning, than fielding cheap pot-shots from those who express their ignorance & cowardice in anonymity.
Perhaps it's from one who stands to benefit? (A DSP officer has been documented, denigrating one of our most basic Foundations w/ this quote: "Oh, the Constitution, that dusty old thing." Name of the officer available upon request.)
Yours, In Liberty,
Gwendolyn "Wendy" Jones,
Sussex Libertarian Party Secretary,
Candidate, DE State Senate, District Six
www.SussexLP.org/Sixth-Senate-District