County sheriffs in Wyoming are
insisting that all federal law enforcement officers and personnel from
federal regulatory agencies must clear all their activities in a Wyoming
county with the Sheriff's Office. Speaking at a press conference
following the recent US District Court decision (case No 2:96-cv-099-J)
Bighorn County Sheriff Dave Mattis stated that all federal officials are
forbidden to enter his county without his prior approval.
"If a sheriff doesn't want the
Feds in his county he has the constitutional power and right to keep them
out or ask them to leave or retain them in custody." The court decision
came about after Mattis & other members of the Wyoming Sheriffs' Association
brought a suit against both the BATF and the IRS in the Wyoming federal
court district seeking restoration of the protections enshrined in the
United States Constitution and the Wyoming Constitution. The District Court
ruled in favor of the sheriffs, stating that, "Wyoming is a sovereign state
and the duly elected sheriff of a county is the highest law enforcement
official within a county and has law enforcement powers exceeding that
of any other state or federal official."
The Wyoming sheriffs are demanding
access to all BATF files to verify that the agency is not violating provisions
of Wyoming law that prohibit the registration of firearms or the keeping
of a registry of firearm owners. The sheriffs are also demanding that federal
agencies immediately cease the seizure of private property and the impoundment
of private bank accounts without regard to due process in state courts.
Sheriff Mattis stated: "I am
reacting to the actions of federal employees who have attempted to deprive
citizens of my county of their privacy, their liberty, and their property
without regard to constitutional safeguards. I hope that more sheriffs
all across America will join us in protecting their citizens from the illegal
activities of the IRS, EPA, BATF, FBI, or any other federal agency that
is operating outside the confines of constitutional law. Employees of the
IRS and the EPA are no longer welcome in Bighorn County unless they intend
to operate in conformance to constitutional law."
This case is evidence that the
Tenth Amendment is not yet dead in the United States. It may also be interpreted
to mean that political subdivisions of a State are included within the
meaning of the amendment, or that the powers exercised by a sheriff are
an extension of those common law powers which the Tenth Amendment explicitly
reserves to the People, if they are not granted to the federal government
and specifically prohibited to the States.
Case Notes: Case: Castaneda v.
USA Filed: 10th May 1996 Closed: 29th April 1997 Case No: 2:1996cv00099
Wyoming District Court, Casper Nature of Suit: Civil Rights