I updated this post with some important legal authority.

Amicus Curious

I have written in the past about unconstitutional usurpation of Constitutional Sheriffs’ arrest powers.  I have also mentioned that whimsical and hastily made decisions that attempt to eradicate by sweeping measures time-honored common-law rules and principles are a threat to the respective states’ sovereignty.

As I have also mentioned, if the citizenry of a state allows its Executive or Legislative branches to disenfranchise it and remove its choice to elect its own chief law enforcement officer in the respective counties or parishes as the case may be, then not much can be done but to educate that citizenry about the folly of its ignorance in this regard.  It is, ultimately, although I would contend only, through a state’s constitution that a citizenry can make choices ultimately surrendering their sovereign right to govern themselves.  This is of the very essence of the privilege of our liberty and the responsibility of our…

View original post 2,052 more words

In 2004 Department of Justice Opines Second Amendment Secures Individual Right to Bear Arms — What’s Changed?

As promised, attached is a memorandum of law penned by the Department of Justice in 2004 for the U.S. Attorney General.  It is a thorough, well-researched, and well-written article that comes to the inescapable, correct conclusion about this issue.  What has changed since 2004 as it relates to the constitutional right?

WHETHER THE SECOND AMENDMENT SECURES AN INDIVIDUAL RIGHT

Since this memorandum of law was written, the United States Supreme Court has affirmed this conclusion as the correct conclusion in the two following cases from 2008 and 2010.

District of Columbia v Heller

McDonald v City of Chicago Ill

Pennsylvania Supreme Court Unconstitutionally Usurps Constitutional Sheriffs’ Arrest Powers

I am attaching an article describing the ill-conceived decision of the Pennsylvania Supreme Court to reduce the powers of the Constitutional Sheriffs in that State with respect to powers of arrest to nothing more than that of the ordinary citizen. The opinion unconstitutionally usurps the elective franchise of the citizens to vote for who they wish to serve as the Cheif Law Enforcement Officer of their respective counties on their behalf. The underlying premise of the Court, that the state’s legislature can remove the Sheriff’s authority, or, rather, dictate what the Sheriff can and cannot do in the way of law enforcement is constitutional error.

Top Pa. court prohibits sheriffs to run DUI checkpoints

I am also including the opinion here. Marconi v. Commonwealth of Pennsylvania.

As some of you have asked what legal authority supports the view that state legislatures may not usurp a Sheriff’s common-law, indeed constitutional powers and duties, see my short exposition on the subject, which was written after many years of studying this issue:

vitae-republicae1