Today, the Two Mikes spoke with Sheriff Richard Mack, who was a constitutional sheriff in Graham
County in southwestern Arizona. He also is the founder and the president of an association named the
Constitutional Sheriffs and Peace Officers Association (CSPOA, https://cspoa.org) which is holding its
annual conference in Orlando, Florida on 7 September 2024. The CSPOA’s membership includes about a
thousand of the republic’s constitutional sheriffs – one-third of the country’s total number -- many of
their subordinates, and it is open for membership to all American citizens interested in its non-violent
effort to restore constitutional government to all of the United States, with a special emphasis on fully
restoring the Bill of Rights. Sheriff Mack noted that the constitutional sheriffs swear an oath of
allegiance to the U.S. Constitution and so can act in protection of life, liberty, and the pursuit of
happiness – the latter refers to the accumulation of personal property – and, for example, can block gun
seizures, protect churches and businesses from mandated closings, as in the case of Covid, and prevent
the outrageous denials of liberty we have seen against Amish farmers in Pennsylvania and other farmers
around the country. In essence, Sheriff Mack said, the maintenance of the peoples’ liberty is the
constitutional sheriffs’ sole responsibility. It also should be noted that Sheriff Mack managed to achieve
the almost impossible when he launched a personal law suit that made its way to the Supreme Court –
and he won! In the case of Mack-Vs-United States (1995), Mack challenged the legality of “The Brady
Handgun Violence Prevention Act (Brady Bill) required ‘local chief law enforcement officers. (CLEOs) to
perform background-checks on prospective handgun purchasers, until such time as the Attorney
General establishes a federal system for this purpose.”(1)
--the Supreme Court constructed its opinion on the old principle that state legislatures are not
subject to federal direction. The Court explained that while Congress may require the federal
government to regulate commerce directly, in this case by performing background-checks on
applicants for handgun ownership, the Necessary and Proper Clause does not empower it to
compel state CLEOs to fulfill its federal tasks for it - even temporarily. (2)
Sheriff Mack’s argument not only won the case, but, in its decision, the Supreme Court also stuck a blow
in favor of state’s rights by reasserting the constitutional fact that state legislatures are not vassals of
the federal government. Indeed, the Founders intended the states to be a check and balance against the
steady expansion of federal power. That undesirable and Constitution-wrecking expansion is now a fact
and it appears that constitutional law enforcement officers may well be our last, best chance to prevent
the federal government from solidifying itself as a vast concentration of dictatorial power.
The text of the majority decision – written by Justice Antonin Scalia -- in Mack-vs-United States (1995) is
available in a pamphlet at https://www.cspoa.com, as well as elsewhere on the internet.

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