Scary article . . . . Sheriffs want to decide what's "evil".

We are talking past each other to a point. I have long acknowledged a sheriff's power under Florida state law, although most political professionals refer to it in terms of patronage, especially because they can independently petition the legislature for Budget adjustments.

And they are arguably the chief state law enforcement officer in Each county, although that's on abundantly clear because of the role of State attorneys also independently elected constitutional officers, and the court system.

All of that conflicts with the interpretation of so-called constitutional sheriffs. And I should make something clear that I didn't make clear from the outset. I acknowledge the Printz decision from 1997 on commandeering. But it's constitutional bs. There's no way you can justify from the actual text of the constitution, although it's been the practice since the 14th amendment was ratified to pretend that states have more power visibly the federal government than they actually do. It was true even before the post-war amendments, although the last clause of each made it absolutely indisputably clear. The President can nationalize the state guard. It's always been a ridiculous interpretation, but it has been fairly consistent, for the reason stated. But even that unjustifiable negation of federal power cannot really justify the view of constitutional sheriffs, who think they are above both state and federal government

 

I kind of understand your point. I’m not a law scholar or attorney.

It’s “my” opinion a sheriff in Florida does not have to and probably won’t enforce federal law if directed by a federal official all the way up to the president. The sheriff and deputy’s oath is to uphold the constitution not trust and obey federal officials. I’ve had this discussion with deputy’s when I was working. They will do only what their sheriff says within reason, one that they decide is reasonable. Grady Judd will not obey a federal order he doesn’t agree with and I think he’d resign if the governor gave him an order he didn’t agree with.

Do you think a federal official can override a governors orders to their sheriff or a sheriffs orders to their deputy? If so. What is the law and penalty for disobeying?

 

Constitutional sheriffs believe themselves to be the law supreme in the county and that state and federal authorities are subservient to him. That is bothersome. Laws are passed by legislators. Some constitutional sheriffs have flat out announced they weren't going to enforce certain laws - usually firearm related. The sheriff here has been in office only a short while but did lie about being present at the scene of a bad swat shooting where an unarmed citizen was shot multiple times in his home. That is working its way through the court right now.

 

If Grady or any other sheriff believes that he has received an unconstitutional order from a federal official, he can ask a court to enjoin enforcement and declare it invalid. That’s how the system works. If he can’t live like that according to his oath, he should resign. Simple enough. But that mindset always seeks secession/insurrection/nullification/interposition or whatever they are calling it this week, because they are not really loyal to the Constitutional republic of the United States of America. And they’re incapable of being honest to themselves. So they lie to themselves and valorize their inability to be part of the American experiment

 

The link you provided is to one lawyer's website who is offering his take on an issue in order to solicit business. He provides no legal authority for his position and his opinion is as controlling on the issue as my Magic 8 Ball.

 

This episode covers a bit of the constitutional sheriff mythology, and that's what it is, as epitomized by Jon Hamm's character Roy Tillman in the last season of Fargo
Surprise Episode: Fargo Season 5: Christian Nationalism, Patriarchy, and Pancakes - Straight White American Jesus

 

That’s why I posted it. It’s an attorney commenting on it