Robert Verbruggen writing at NRO.
The legal force of these resolutions is limited, thanks to local governments’ status in relation to the states where they’re located. The Constitution protects states and localities from certain forms of federal meddling — including the “commandeering” of law-enforcement efforts — but it’s silent on the rights of localities against states. Local governments exist only because states choose to recognize them, they possess only the powers states choose to grant them, and a state government can override any local law it wants. Counties can declare themselves sanctuaries and fire employees who don’t go along, but only until the state decides to put a stop to it.
I think he’s badly underestimating not only the constitutional authority of the Sheriff (most specifically, the state constitutions), but the resolve of the people as well. One might argue to the contrary.
If the sheriff sounds like something from the American frontier, that’s because it is. The role of sheriff goes back to England where sheriffs were usually appointed by the Crown and other officials to oversee the laws of the shire, or county. Duties included tax collection and running a local militia, also called the posse comitatus—citizens who would moonlight as law enforcement.
In America, sheriffs played a particularly pivotal role in Southern states where they served as chief law enforcement officers. (Northeast states relied on constables, who are more like the police chiefs of today.) Sheriffs got to take cuts from fees, one of the perks of the job, in addition to collecting salaries. As America expanded westward, those states adopted the Southern sheriff model. As states drafted their constitutions, they often included an elected sheriff position. Right now, at least 40 states have elected sheriffs. [James Toberlin / Virginia Law Review]
In many regions, especially in the South, sheriffs still have wide jurisdiction and primary law enforcement responsibilities. Unlike police chiefs, who usually report to mayors or other elected officials, sheriffs have fewer checks on their power. Many sheriffs serve long stints in office, and some are in place for decades.
While the precise role of elected sheriffs varies from state to state, they have some duties in common, including overseeing local jails, transporting prisoners and pretrial detainees, and investigating crimes. Some even act as coroners, ruling over a person’s cause of death.
The only states that do not have local sheriffs are Alaska, Hawaii, and Connecticut, which rely on statewide law enforcement agencies. [National Sheriffs’ Association]
[ … ]
Historically, some sheriffs have not only enforced the laws; they have also decided which laws not to enforce. They view this as protecting the people from the intrusions of the federal government.
The “constitutional sheriff” movement is comprised of current and former members of law enforcement who believe that sheriffs are the ultimate authority in their jurisdiction—even above federal law enforcement. [Robert Tsai / Politico]
While it may seem like a fringe movement [italics HPS] it is prevalent enough to be taken seriously. In 2013, 500 sheriffs agreed not to enforce any gun laws created by the federal government. In Utah, almost all elected sheriffs signed an agreement to protect the Bill of Rights—and fight any federal officials who tried to limit them. [Robert Tsai / Politico]
I see that National Review continues its tilt towards bad analysis.