Who has ultimate authority?

@laglen (19759)
United States
November 4, 2010 10:26am CST
Federal law or county? The reason I ask this, I was talking to somebody the other day and he mentioned that the military went into a town for drills and the Sheriff ran him off. I vaguely recall hearing about this. Then there is the written policy that forbids federal officials from entering Sheriff Dave Mattis, Big Horn County, Wy. and exercising authority over county residents unless he is first notified of their intentions, as per Case #96-CV099-J, U.S. District Court, District of Wyoming. http://jackmclamb.community.officelive.com/davemattis.aspx So I am wondering if the Sheriff has more authority over his county than the federal government?
1 person likes this
5 responses
@dark_joev (3034)
• United States
5 Nov 10
Yeah the sheriff technically has more authority than the President as the President is in his county so he controls it now most of the time the sheriff doesn't use this authority but could at any given moment the only time the federal government would have more power than local government as in the State in question would be if a foreign invader or something of that nature where to happen or a natural disaster that leaves the local government more or less out of commission even then a sheriff if still in the area or has a lot of power as he is the Representative of the police force in the area and will know the area better than the federal government and that is why local basically has more power than the feds on a lot of things but generally yield their power to the feds when they show up.
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@laglen (19759)
• United States
5 Nov 10
hhmmm interesting, is there any documentation or is that based on what isnt written? This is not sarcastic or facetious but a legit question.
@xfahctor (14113)
• Lancaster, New Hampshire
5 Nov 10
In times of invasion or insurrection, the sheriff still retains a great deal of power. He has the authority to call forth and organize the militia or as often referred to as "posse"
@dark_joev (3034)
• United States
5 Nov 10
I am not really sure if it is a written rule or not. Seems xFahctor knows more about it that me. But one of my friends is in the Military (Army) He told me that many people don't know that a Sheriff has a lot of power even over the Military if they are operating in his area. I guess it has to do with the Military being a defense of the nation as a whole thing and them not suppose to be used against people on our own soil unless it is a foreign invader or some big Domestic threat happens even then the Sheriff has a lot of power to command those forces as it is like the Military is coming to help the Sheriff maintain or regain control of the situation type thing.
1 person likes this
@jb78000 (15139)
4 Nov 10
over americans? me
1 person likes this
• United States
4 Nov 10
Take it easy, cheesy. This is America you're talking about. We could send the Girl Scouts over to the UK and take it in less than a week. There's really nothing in it for us. Some 1000-foot cliffs, horses, rarebit-eating mush-mouths and a few millions abandoned sacks of pride people have dropped over the years - nothing to stick our flag in. But don't tempt us! American knuckles = universal dental care.
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@jb78000 (15139)
4 Nov 10
what nonsense. now get back in your bowl.
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@laglen (19759)
• United States
5 Nov 10
Maters I have to say, you really have a way with words!
@xfahctor (14113)
• Lancaster, New Hampshire
4 Nov 10
I am very familiar with sheriff Mattis. He is well known for protecting his territory and the people he serves. He and the Wyoming Sheriff’s Association sued two agencies (BATF and the IRS) a number of years ago and the courts did agree with sheriffs. Federal power only exists to the extent it is given to federal agencies in the constitution. All other authority is differed to the states or the people -in this case, the sheriff being an elected representative of the people. The constitution and it's supporting documents are very clear on this. This is especially applicable to the military as also by law, the military has no police power on U.S. soil. They are pretty much on the bottom rung of things and are subject to civil codes and law enforcement authorities.....even below the post master(I have an actual story about that in a moment) Do you have any more specifics on the story you mentioned? I would really love to see the details. It may be the military was conducting operations off military grounds and was doing so with out notifying the township or county of the exercise as well as trying to assert authority over the citizens there that were not theirs to assert. Now, my story. A guy I know who is a post man, was on his rout one morning in an area that had disaster drill of some sort going on. He got to the area and was stopped by uniformed participants from entering the neighborhood. He immediately threatened them with an "arrest by postmaster", giving the guys pause to think a moment. They stepped aside and let him about his business, lol. Apparently there was something valid to the threat he made.
1 person likes this
@laglen (19759)
• United States
5 Nov 10
@ your story - I would love to see "arrest by dog catcher"! I couldnt find any other info on the story I mentioned. I searched and that is when I stumbled upon the Sheriff in Wyoming. I will keep looking but I think you answered my question.
@hofferp (4734)
• United States
4 Nov 10
After reading the posts above, I'll go along with the County Sheriff. But truth is, I don't have a clue. Maybe after I finish retyping, editing and proofing my Mom's book, I'll look for a real answer. Then, again, I have several videos to finish before Christmas... It could be awhile before I have an answer. I hope that's ok?
1 person likes this
@laglen (19759)
• United States
5 Nov 10
lol how about February ish...?
@hofferp (4734)
• United States
5 Nov 10
You got it!
@Shavkat (141906)
• Philippines
23 Dec 12
Having the power in the community, the authority to rule made them do whatever they wanted. It is so frustrating if they overdo their authority. That's the reason why some people lost their interest in politics and the like.