Constitutional Sheriffs and Peace Officers Association

Last updated

Constitutional Sheriffs and Peace Officers Association
Formation2011
Founder Richard Mack
Membership
4,500 (in 2017) [1]
Website cspoa.org

The Constitutional Sheriffs and Peace Officers Association (CSPOA) is a political organization of local police officials in the United States who contend that federal and state government authorities are subordinate to the local authority of county sheriffs and police. Self-described constitutional sheriffs assert that they are the supreme legal authority with the power and duty to defy or disregard laws they regard as unconstitutional. [2] [3] As a result, they may sometimes be referred to as sovereign sheriffs. [4] The movement is related to previous nullification and interposition notions, [1] and promotes such efforts. [5] It has been described as far-right by the Southern Poverty Law Center. [6] The CSPOA has claimed a membership of 400. [3]

Contents

According to the Associated Press, "details of its operations are closely held", and information on its finances, "where and how" it conducts its training, who its dues-paying members are, have not been released to the public. [7] The group is now a private company according to indications of "internal records". [7]

History

The association was founded in 2011 by former Arizona sheriff Richard Mack who was a board member of the Oath Keepers at the time. [8] In 2017, the association said it had 4,500 dues-paying members, with more than 200 sheriffs among them. [1] In 2021, Mack said that 300 of the 3,000 sheriffs in the U.S. were members of the association. [8]

By 2023, the association was being led by Sam Bushman, who has been scrutinized for his affiliation with neo-Confederates and white nationalists, including a close friendship with radio host James Edwards. [9]

Ideology

The movement has some ideological similarities with the self-styled patriot movement and sovereign citizen movement, and some members of those movements also espouse "constitutional sheriff" ideology. [10] [1] The "constitutional sheriff" or "county supremacy" movement itself arose from the far-right Posse Comitatus, a racist and anti-Semitic group of the 1970s and 1980s that also defined the county sheriff as the highest "legitimate" authority in the country, [1] [11] and was characterized by paramilitary figures and the promotion of conspiracy theories. [1] Sheriffs are not mentioned in the U.S. Constitution. [12] The ideological basis of the sheriffs' movement is instead based on various incorrect historical and legal claims, relying on a pretense that the historic powers of the high sheriff of an English shire apply in the U.S. regardless of subsequent legal developments. [1]

A number of county sheriffs in the United States have expressed sympathy with the movement's goals and have publicly vowed not to enforce laws they deem unconstitutional. [2] Law professor Robert L. Tsai writes that, "in practice constitutional sheriffs and their followers tend to occupy the edges of anti-government conservatism, organizing themselves to promote gun rights and property rights, to resist tax laws, national healthcare, gay marriage." [1] Members of the movement have vowed not to enforce gun laws, [13] public health measures adopted to combat the 2020 COVID-19 pandemic, [2] [3] [14] and federal land use regulations. [3] Sheriffs who refuse to enforce land-use laws facilitate the illegal use of public land (for example, for livestock grazing or all-terrain vehicles use) and in some cases have threatened Bureau of Land Management (BLM) employees. [3] A research study of reports from 1995 to 2015 found that counties with sheriffs who are members of the movement "have higher rates of violence against BLM employees than other Western counties." [3]

The movement has attracted support from some landowners, county commissioners, law enforcement figures (in particular Richard Mack and Joe Arpaio), and some politicians who have played on "fears of federal officials intruding on property rights and gun rights." [1]

Involvement in presidential elections

In the aftermath of the 2020 election, Barry County, Michigan Sheriff Dar Leaf, a member of the constitutional sheriffs movement, tried to seize voting machines in an effort to prove election fraud. He also took legal action in December 2020, attempting to stop local clerks from deleting election records. The chief judge of the federal court in Grand Rapids denied the request. [15]

In the runup to the 2024 election the group has been training armed militias, building ties to Trump supporters and building “posses” to patrol polling stations. [16]

Related Research Articles

The Posse Comitatus is a loosely organized American far-right extremist social movement which began in the late 1960s. Its members spread a conspiracy-minded, anti-government, and antisemitic message linked to white supremacy aiming to counter what they believe is an attack on their social and political rights as white Christians.

<span class="mw-page-title-main">Sovereign citizen movement</span> Anti-government, anti-taxation conspiracy theorists

The sovereign citizen movement is a loose group of anti-government activists, litigants, tax protesters, financial scammers, and conspiracy theorists based mainly in the United States. Sovereign citizens have their own pseudolegal belief system based on misinterpretations of common law and claim to not be subject to any government statutes unless they consent to them. The movement appeared in the United States in the early 1970s and has since expanded to other countries; the similar freeman on the land movement emerged during the 2000s in Canada before spreading to other Commonwealth countries such as Australia, New Zealand and the United Kingdom. The FBI describes sovereign citizens as "anti-government extremists who believe that even though they physically reside in this country, they are separate or 'sovereign' from the United States".

<span class="mw-page-title-main">Joe Arpaio</span> American former law enforcement officer and politician (born 1932)

Joseph Michael Arpaio is an American former law enforcement officer and politician. He was the Sheriff of Maricopa County, Arizona for 24 years, from 1993 to 2017, losing reelection to Democrat Paul Penzone in 2016.

Section 287(g) of the U.S. Immigration and Nationality Act authorizes the Department of Homeland Security (DHS) to deputize selected state and local law enforcement officers to enforce federal immigration law. Section 287(g) allows the DHS and law enforcement agencies to make agreements, which require the state and local officers to receive training and work under the supervision of U.S. Immigration and Customs Enforcement. ICE provides the officers with authorization to identify, process, and—when appropriate—detain immigration offenders they encounter during their regular, daily law-enforcement activity.

<span class="mw-page-title-main">Tom Perez</span> American politician and attorney (born 1961)

Thomas Edward Perez is an American politician and attorney currently serving as senior advisor to the president of the United States and director of the White House Office of Intergovernmental Affairs, holding both positions since June 2023. Perez previously served as the United States Secretary of Labor (2013–2017), the chair of the Democratic National Committee (2017–2021), and United States Assistant Attorney General for Civil Rights (2009–2013).

Larry Elliot Klayman is an American attorney, right-wing activist, and former U.S. Justice Department prosecutor. He founded both Judicial Watch and Freedom Watch.

<span class="mw-page-title-main">American militia movement</span> Political movement of paramilitary groups in the US

American militia movement is a term used by law enforcement and security analysts to refer to a number of private organizations that include paramilitary or similar elements. These groups may refer to themselves as militia, unorganized militia, and constitutional militia. While groups such as the Posse Comitatus existed as early as the 1980s, the movement gained momentum after standoffs with government agents in the early 1990s. By the mid-1990s, such groups were active in all 50 US states, with membership estimated at between 20,000 and 60,000. The movement is most closely associated with the American right-wing. Most modern organizations calling themselves militias are illegal private paramilitary organizations laws that require official sanctioning of a state government in order to be constitutional. While a common belief among members of modern paramilitary groups is that the constitution protects the ability of citizens to have the capability to overthrow the government by force when seen tyrannical, the Supreme Court has ruled differently.

<span class="mw-page-title-main">Sheriffs in the United States</span> Chief of county law enforcement

Sheriffs In the United States are the chief of law enforcement officers of a county. Sheriffs are usually either elected by the populace or appointed by an elected body.

<i>Posse comitatus</i> Aspect of common law

The posse comitatus, frequently shortened to posse, is in common law a group of people mobilized to suppress lawlessness, defend the people, or otherwise protect the place, property, and public welfare. It may be called by the conservator of peace – typically a reeve, sheriff, chief, or another special/regional designee like an officer of the peace potentially accompanied by or with the direction of a justice or ajudged parajudicial process given the imminence of actual damage. The posse comitatus as an English jurisprudentially defined doctrine dates back to 9th-century England and the campaigns of Alfred the Great, and before in ancient custom and law of locally martialed forces, simultaneous thereafter with the officiation of sheriff nomination to keep the regnant peace. There must be a lawful reason for a posse, which can never be used for lawlessness.

Keller v. State Bar of California, 496 U.S. 1 (1990), was a case in which the Supreme Court of the United States held that attorneys who are required to be members of a state bar association have a First Amendment right to refrain from subsidizing the organization’s political or ideological activities.

<span class="mw-page-title-main">Mary H. Murguia</span> American judge (born 1960)

Mary Helen Murguia is an American lawyer and jurist serving as the Chief United States circuit judge of the United States Court of Appeals for the Ninth Circuit. She previously served as a U.S. district judge of the United States District Court for the District of Arizona from 2000 to 2011.

<span class="mw-page-title-main">Oath Keepers</span> American far-right organization since 2009

Oath Keepers is an American far-right anti-government militia whose leaders have been convicted of violently opposing the government of the United States, including the transfer of presidential power as prescribed by the United States constitution. It was incorporated in 2009 by founder Elmer Stewart Rhodes, a lawyer and former paratrooper. In 2023, Rhodes was sentenced to 18 years for seditious conspiracy for his role in the January 6 United States Capitol attack, and another Oath Keepers leader, Kelly Meggs, was sentenced to 12 years for the same crime. Three other members have pleaded guilty to this crime, and four other members have been convicted of it.

<span class="mw-page-title-main">Richard Mack</span> American activist and former Arizona sheriff (born 1952)

Richard Ivan Mack is the former sheriff of Graham County, Arizona and a political activist. He is known for his role in a successful lawsuit brought against the federal government of the United States which alleged that portions of the Brady Handgun Violence Prevention Act violated the United States Constitution. He is a former lobbyist for Gun Owners of America (GOA) and a two-time candidate for United States Congress. Mack is also the founder of Constitutional Sheriffs and Peace Officers Association (CSPOA), and established the "County Sheriff Project" movement, both of whom reaffirm what they claim is the constitutional power to refuse to enforce federal laws. Further to this, he sits on the board of directors of the Oath Keepers, a far-right militia group.

The Maricopa County Sheriff's Office (MCSO) is a law enforcement agency in Maricopa County, Arizona that was involved in a number of controversies. It is the largest sheriff's office in the state of Arizona and provides general and specialized law enforcement to unincorporated areas of Maricopa County, serving as the primary law enforcement for unincorporated areas of the county as well as incorporated cities within the county which have contracted with the agency for law-enforcement services. It also operates the county jail system. Elected in 2016, Paul Penzone is the current sheriff of Maricopa County. Penzone replaced Joe Arpaio after his 24-year tenure as sheriff.

The 2014 Bundy standoff was an armed confrontation between supporters of cattle rancher Cliven Bundy and law enforcement following a 21-year legal dispute in which the United States Bureau of Land Management (BLM) obtained court orders directing Bundy to pay over $1 million in withheld grazing fees for Bundy's use of federally owned land adjacent to Bundy's ranch in southeastern Nevada.

<span class="mw-page-title-main">Cliven Bundy</span> American cattle rancher

Cliven D. Bundy is an American cattle rancher known for his role in the 2014 Bundy standoff. Bundy has advocated a philosophy opposed to what he views as federal government overreach. He is the father of Ammon Bundy, who in 2016 also led another armed standoff against the government, the occupation of the Malheur National Wildlife Refuge in Oregon.

The president of the United States is authorized by the U.S. Constitution to grant a pardon for a federal crime. The other forms of the clemency power of the president are commutation of sentence, remission of fine or restitution, and reprieve. A person may decide not to accept a pardon, in which case it does not take effect, according to a Supreme Court majority opinion in Burdick v. United States. In 2021, the 10th Circuit ruled that acceptance of a pardon does not constitute a legal confession of guilt, recognizing the Supreme Court's earlier language as authoritative.

<span class="mw-page-title-main">Pardon of Joe Arpaio</span> 2017 presidential pardon of Joe Arpaio

On August 25, 2017, President Donald Trump pardoned Joe Arpaio for criminal contempt of court, a misdemeanor. Arpaio had been convicted of the crime two months earlier for disobeying a federal judge's order to stop racial profiling in detaining "individuals suspected of being in the U.S. illegally". The pardon covered Arpaio's conviction and "any other offenses under Chapter 21 of Title 18, United States Code that might arise, or be charged, in connection with Melendres v. Arpaio." The official White House statement announcing the grant of clemency described Arpaio as a "worthy candidate" having served the nation for more than fifty years "protecting the public from the scourges of crime and illegal immigration."

<span class="mw-page-title-main">Boogaloo movement</span> American far-right extremist movement

The boogaloo movement, whose adherents are often referred to as boogaloo boys or boogaloo bois, is a loosely organized far-right anti-government extremist movement in the United States. It has also been described as a militia. Adherents say they are preparing for, or seek to incite, a second American Civil War or second American Revolution which they call "the boogaloo" or "the boog".

<span class="mw-page-title-main">Mark Lamb (sheriff)</span> American sheriff (born 1972)

Mark Lamb is an American law enforcement officer and politician who has served as sheriff of Pinal County, Arizona, since 2017. He is a member of the Republican Party. Lamb previously served in the Salt River Pima–Maricopa Indian Community police department.

References

  1. 1 2 3 4 5 6 7 8 9 Robert L. Tsai, The Troubling Sheriffs’ Movement That Joe Arpaio Supports, Politico (September 1, 2017).
  2. 1 2 3 Jason Wilson, US sheriffs rebel against state mask orders even as Covid-19 spreads, The Guardian (July 31, 2020).
  3. 1 2 3 4 5 6 Nemerever n, Zoe (April 23, 2020). "Why 'constitutionalist sheriffs' won't enforce coronavirus restrictions". The Washington Post . Retrieved November 2, 2021.
  4. ↑ Zeitz, Joshua (19 August 2022). "Ask the 'Coupologists': Just What Was Jan. 6 Anyway?". Politico. Politico LLC. Retrieved 23 August 2022.
  5. ↑ Cloee Cooper, How a Right-Wing Network Mobilized Sheriffs’ Departments, Political Research Associates (June 10, 2019).
  6. ↑ "Line In The Sand". Southern Poverty Law Center. Retrieved 20 December 2020.
  7. 1 2 L'Heureux, TJ; Washington, Adrienne; Serna Jr., Albert; Shabir, Anisa; Stone Simonelli, Isaac (22 August 2023). "A right-wing sheriffs group that challenges federal law is gaining acceptance around the country". Associated Press News. Retrieved 6 September 2023.
  8. 1 2 Kindy, Kimberly (November 2, 2021). "Boosted by the pandemic, 'constitutional sheriffs' are a political force". The Washington Post . Retrieved November 2, 2021.
  9. ↑ "He Parties With Neo-Confederates, Trashes MLK, and Leads the 'Constitutional Sheriffs'". Rolling Stone . 17 October 2023.
  10. ↑ Rothschild, Mike, What this Sheriff said on Twitter is part of a dangerous trend, Attn.com (Oct. 15, 2016).
  11. ↑ Potok, Mark and Lenz, Ryan, Line in the Sand, Intelligence Report, Southern Poverty Law Center (Jun. 13, 2016).
  12. ↑ "This Outspoken Sheriff Is Waging War on Cougars in Rural Washington". Men's Journal. 2021-02-16. Retrieved 2021-07-06.
  13. ↑ Martin Kaste, When Sheriffs Won't Enforce The Law, NPR (February 21, 2019).
  14. ↑ Brooke Wolford, Sheriffs across US are not enforcing coronavirus stay-at-home orders. Is that legal?, Miami Herald (April 21, 2020).
  15. ↑ Schapiro, Rich (3 November 2024). "A 'constitutional sheriff' tried to seize voting machines in 2020. Officials are bracing for a repeat". NBC News. NBC News. Retrieved 3 November 2024.
  16. ↑ Gilbert, David. "'Take Back the States': The Far-Right Sheriffs Ready to Disrupt the Election". Wired. Retrieved 4 November 2024.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.