The constitutional sheriffs movement linked to far-right parties supposes a substantial risk to democracy
The sheriff is the oldest law enforcement institution that has remained uninterrupted for centuries across various countries, and that tradition has deeply rooted itself in the United States. Sheriffs have become highly influential figures in their communities, holding significant power, with some far-right groups supporting their refusal to enforce parliamentary laws, thus challenging the foundations of the rule of law. Joe Arpaio, “America’s toughest sheriff” in Arizona, as he called himself, one of the first supporters of Trump in the electoral campaign was charged for a discrimination of latinos and discriminatory jail practices on the basis of race or ethnicity.
The future of this movement will be determined in the November 5th elections, either by endorsing it, as Trump has done on numerous occasions, or by seeking to subject it to the law, as Kamala Harris intends.
The United States is one of the world’s oldest democracies, with its Constitutional Court establishing an extensive body of case law over the past two centuries. However, if the institutions responsible for enforcing laws consider themselves above the sovereignty of the people, and if political parties support this stance, the rights of minorities and vulnerable groups, gun control regulations, and even public health will be at risk. This scenario could lead to a perception of the United States as a progressively weaker player on the international stage.
THE BEGINNING OF THE INSTITUTION
To understand the figure of the Sheriff, we must start from the quasi-annals of English history, at the time of the great Anglo-Saxon kings, where the figure of the “shire-reeve” appeared around the ninth century under the reign of Alfred the Great, a kind of civil magistrate with executive powers over the king’s sentences, or the collection of taxes.
At a time when England was divided into several small counties not always friendly to each other, and raids were the order of the day, it generated in the Anglo-Saxon conscience a constant fear of Scandinavian viking brutality, which destroyed the two great pillars of identity of that time, family and religion, brutally murdering the loved ones and destroying Christian convents.
Faced with a feudal community system where hard work, fear of political instability and religious hope were the daily bread, the figure of the Sheriff rose to protect the established political order, with its functions of maintaining law and order, enforcing the sentences of the popular courts (moots) and the supervision of the payment of debts and taxes, as well as the representation in his county of the royal authority, could create greater stability in the counties, protecting the way of life, customs and the good work of those people.
SHERIFFS IN THE BRITISH COLONIES
The sheriff institution has not stopped growing from its beginning, and it was largely due to the exponential growth of the United Kingdom through the colonial empire that was created throughout the seventeenth, eighteenth and nineteenth centuries.
Laws, language, religion and customs were established in the new English colonies, and among many of the institutions that the English brought with them, the office of sheriff was implemented in the United States, Canada, Australia, even in South Africa and India.
As opposed to the functions of the medieval English sheriff, these evolved to the administration of jails, accountability to the citizens. They still held local power within their county, but were now elected by the citizens and were an autonomous institution, as far as the local community was concerned.
SHADOWS OF THE PAST
In mid and late twentieth century Europe, when cowboy movies became popular, focusing on the struggle of the settlers to dwell in unoccupied lands and telling stories of action and adventure with beautiful ladies to save.
The reality was much more bloodier, with the destruction of hundreds of native american tribes like Apaches or Navajo groups that had settled there for hundreds of years.
It was at this time that sheriffs began to become more popular and became local heroes of the local communities.
Just as it happened in the United Kingdom, from a protector against political instability and the fear of being conquered, the figure of the American sheriff arose to defend the local communities against the Native American “barbarians” and the outlaws with their revolvers.
They were the ones who protected the caravans of settlers who went into the Wild West and fought against thieves, armed bands or Indian tribes, such as Bat Masterson or Wild Bill Hickok, legends of the West by fighting criminals and outlaws – the sheriffs were the true defenders of American peace and law.
THE SHERIFF TODAY
The figure of the sheriff was perfectly adapted to the American Protestant mentality (The ideology of individualism and protection of property against tribes that could endanger the survival of settlers) and to the defense of the settlers who came to civilize America, now American citizens in their various counties.
They are a crucial part of the defense and protection of local communities, as they work in areas as wide ranging as traffic patrol or school protection, to jail control, crime prevention or national defense.
However, this institution has not been able to adapt efficiently to the issues of our century, it has failed in the acknowledgement of gender discrimination, the risks of gun bearing or the protection of minorities.
The Reflective Democracy Campaign in his 2020 report has shown that 90% of all sheriffs are white, and that only 2% are women. This heavy presence, complemented with the federal programs such as the 1033 that supplies military equipment to sheriffs departments, and 2023 UN report elaborating on these departments often reinforce racial inequality, has caused concern among civilians.
This situation is further exacerbated by convictions such as the case of a sheriff’s deputy in Illinois being charged with murder after killing a black woman by shooting her in the face when she had reached out to the police for assistance.
The great power of the sheriffs in their local communities has not been supervised. The historical roots of institutionalized racism alongside lack of controls and ever growing militarization has caused severe issues across the U.S. And with the ever growing politicization and ties to the Republican party through the “constitutional sheriffs movement” it has caused reason for real concern.
CONSTITUTIONAL SHERIFFS MOVEMENT
The Constitutional Sheriffs and Peace Officers Association (CSPOA) is a movement based on the superiority of the sheriff in his jurisdiction over any government institution. Based on an ideology that they are the ultimate deciding authority on the constitutionality of the laws they must execute. Ranging from gun control to migration and health, they believe they should be the essential deciding body of fundamental key issues in the current day American political landscape.
Founded in 2011 by former sheriff Richard Mack, they are known for their very conservative ideology, they hold similar ideology and notions of rule of law to the colonial sheriff who defended the American citizen colonist against external threats, and rejected the results of the last american elections.
Mack was a former member of the Oath Keepers, a right-wing militia group created in 2009 by Stewart Rhodes, focusing on recruiting military experienced people that are provoking civil turmoil.
The conservative nature of their ideology is well present in the sheriffs actions, such as in September 2022, when several sheriffs associated with anti-immigration groups (FAIR) were applauded in Washington D.C when referring to migrants as an invasion in the Southern border.
Beyond this a large number of sheriffs in their counties have refused to enforce the rule of law when it is not to their liking. Refusing to carry out protocols relating to things such as vaccination during the covid-19 pandemic, and emergency action regarding mass shootings, which has caused significant impact on the running and safety of the counties.
Jessica Pishko, a lawyer and independent journalist dedicated to the analysis of the U.S. criminal justice system, has published a book called “The Highest Law in the Land”, where she talks about how the unregulated power of sheriffs threatens democracy.
During a presentation of her book in October, she showcased how extreme right-wing groups have been encouraging such movements. And the presence and encouragement of such political action can violate the rights of certain minority groups.
The representative of the Republican Party in this November’s elections, Donald Trump, has been seen as an ally of the constitutional sheriffs. Meeting with them and debating on fundamental issues of Republican party policy such as migration and border control. Cause of great concern, as many worry that the unregulated power of the sheriff’s department, their conservative ideology and ties to the Trump administration, Trump could work with the sheriff’s department to his benefit and refuse to acknowledge the results of the 2024 presidential elections if he loses. Such as he did in 2020.
FUTURE PROSPECTS
From the anglo-saxon protector of the instability of the Kingdom to American sheriffs that are democratically elected, this institution has made the Sheriff to be a powerful role in the local communities, but wanting to go beyond the law, as Karl Schmitt argued in his “Der Huter der Verfassung”, the defender of the Constitution can ultimately bring about a crisis.
The immediate future of the continuation of this movement will be largely conditioned by the elections on Tuesday, November 5th in the United States, people will be the one choosing between the efficacy of the law or the power of a democratically elected sheriff, because, would a respectable person within the community working for a customary institution in order to protect the county, be that bad choice?
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