Richard Mack was on patrol as a police officer one afternoon in Provo, Utah, when it suddenly struck him that what he was doing was wrong – at least for him.
Instead of sitting at an intersection waiting for an opportunity to write housewives and working men traffic tickets, he should be protecting their rights under the U.S. Constitution. His studies into the U.S. Constitution had convinced him of that.
Sheriff Mack was becoming more and more aware each day just how a hostile and encroaching central government was impinging on those rights while people blithely signed them away on a daily basis.
On that day, Richard Mack abandoned his role as a police officer. He became a peace officer. He “lost” a ticket he had just written a lady for a minor traffic violation, warned her to be more observant of traffic laws, and started doing business that way as much as possible.
The rest is history. He was elected Sheriff of Graham County, Arizona
On the day they swore him in, requiring his solemn oath on his sacred honor that he would defend the U.S. Constitution “against all enemies, foreign and domestic,” he had a miniature copy of the Constitution in the breast pocket of his uniform shirt.
It made an impression on Sheriff Mack. He had sworn to defend the Constitution against all enemies – not the president, certainly not the Senators or Congressmen and the special interest business and civic groups they so often represent – but the basic law of the land, the U.S. Constitution.
That study of the basic law of the land has led to a phenomenal career that took him before the U.S. Supreme Court in open defiance of the Brady Bill, which would have required County Sheriffs nationwide to register handgun owners' weapons and maintain files on them. He has published numerous best sellers on the subject and travels extensively speaking on the subject.
The basis of his lawsuit was simple enough. Instead of attempting to justify handgun ownership through proving the right to keep and bear arms shall not be infringed as guaranteed by the Second Amendment and that right furthermore guaranteed by the 14th Amendment, he and his lawyers simply told the federal courts that nowhere in the Constitution does it say a County Sheriff has to keep track of just who owns what handgun and make a note of the number that is stamped on it.
Period.
The Tenth Amendment. What does it say? "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."
What does that mean? Says Sheriff Richard Mack, "If we forgot anything, you can't do that, either."
The right of the people to keep and bear arms shall not be infringed.
That's why the 10th Amendment is there, he said. If it's not in the Constitution, an enumerated power granted to Congress in Article 1, Section 8, then the states have the right to ignore it – to nullify laws that simply are not supported by Constitutional provision. A majority of the justices of the Supreme Court agreed.
Why?
He is correct. That's the truth, and if James Madison and Thomas Jefferson were standing on the platform next to him, they would heartily agree.
You see, that was the political device, the gimmick, the selling point that they used to unite the skeptical members of the state Constitutional Conventions, people like Patrick Henry of Virgina, that there is elbow room and a loose fit to that Constitution – that's it a comfortable garment to wear as you go about your daily business. Use it right and its an infinitely adjustable wrench, a big hammer you can beat on the problem until it fits, or just unscrew it and put it on the scrap heap with the rest of the foul balls.
He has often told his listeners the simple story of how he made the decision to enter a suit against his federal government. His chief deputy was a member of the National Rifle Association. Sheriff Mack asked him if he thought the NRA's lawyers could help them out.
The officer said, “I don't know. Why not give them a call and ask them?”
That's when they got the outfit's general counsel on the phone. He told the Sheriff, “Mack, we've been looking for you. We didn't know your name or where, exactly, you might be, but you finally turned up.”
In fact, they already had the federal complaint written, the case briefed, and their arguments developed. They were just waiting for the right plaintiff to come along.
Some other County Sheriffs joined Sheriff Mack in the lawsuit and when the justices of the Supreme Court heard their argument, they held that the part of the Brady Law that would require registration of handguns by County Sheriffs was in fact unconstitutional simply because nowhere in the document do “We the people” grant that power to the federal government. Yeah, it's that simple.
Sheriff Mack will be speaking on these topics:
* What rights does the constitution actually guarantee?
* Why is it important that we not allow our means of self-defense to be taken from us.
* What are the dangers of giving government too much power?
* What can we do to remain strong as individuals and families, so that we can remain strong as a nation?
* How do we win the war on illegal drugs?
* What can the sheriff do to protect us from all enemies, both foreign and domestic?
He will sign copies of his new book,”The County Sheriff – Arizona's last hope.” His goal is “No sheriff left behind.”
The occasion is the state conference of the Constitution Party of Texas. Call 888-9VOTECP to make reservations.
Hang on to your hat.
The old boy knows his constitutional law, for sure. His talk might just open your eyes to the dangers of all enemies, foreign and domestic, of We the People of the United States of America.
Hear. Hear.
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