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Using the Law to Break the Law

Using the Law to Break the Law

by Michael Peroutka



In their struggle to preserve the Blessings of liberty for themselves and their posterity, patriotic Americans have faced many difficulties, disruptions, and dilemmas over more than four hundred years.

Not surprisingly, the current American dilemma is strikingly similar with those faced by American Founders like Adams, Jefferson, and Washington.

It comes down to this:

What is the recourse for a patriotic citizenry when those who are entrusted with upholding the law conspire together to use the law to break the law?

Recognizing the sinful, fallen nature of all human creatures, our Founders wisely agreed to a federal system of government where delegated powers were entrusted to branches and levels of government designed to check and balance in such a way as to prevent consolidations leading to tyranny and despotism.

However, for that federal system to succeed in securing liberty, it must be understood, articulated, and championed by the people and those elected to represent them.

Local law enforcement and peacekeeping officials have sworn an oath to protect the rights of the people and must immediately use the power of their office to interpose against lawless lockdowns, mandates, orders or edicts.

The following is a statement of principle and purpose which we encourage every Sheriff in America to adopt and implement without delay.

We encourage everyone to communicate this information to your sheriff and support him in its adoption and implementation.

Institute on the Constitution,

Michael A. Peroutka

 

Greetings from the Sheriff of ____________County, __________

BACKGROUND:

As the elected Sheriff of _______________ County, I have taken an oath before the “Supreme Judge of the Universe” to keep the peace and to secure, defend and protect the people of this jurisdiction from threats to their liberties, their livelihoods, and the peaceable enjoyment of their property.

The nature of that solemn oath requires that the actions of the sheriff in the performance of his duty must conform to the Constitution of the United States and the Constitution of the State of _______________.

These documents are the supreme law of the land and describe the powers entrusted to civil government by the consent of the people.  They also provide limits to those powers which are absolute, permanent, and perpetual. 

Furthermore, these documents are based upon and informed by a philosophy of law and government set forth in the Declaration of Independence which can be summarized as follows:

  • All men and women are created by an Almighty, All-knowing, Eternal God Whose Son, Jesus Christ, is Savior and Lord.
  • God is the Author and Grantor of rights to men and women which are inalienable, universal, and part of His created order. These rights include life, liberty, and property.
  • People form civil governments for the purpose of securing and protecting these God-given rights.
  • Whenever any government becomes destructive of these ends or violative of this purpose it is the right and the duty of the people to take corrective measures with respect to that government.

 

CURRENT CRISIS:

In March of last year, the Governor of this state issued executive orders closing businesses, churches, schools and denying the people of this state their God-given and constitutionally protected right to travel, to worship, to assemble, and to exercise personal autonomy respecting wearing face masks or other medical devices. When these directives were first issued, they were accompanied by statements indicating they were an attempt to deal with a medical catastrophe and were expected to extend for only fourteen days.

Despite several judicial rulings that these measures lack constitutional authority, the governor has expanded and extended these orders for more than fourteen months.

During this time there has been a coordinated and constant effort by media and some government agencies to justify the suspension or denial of God-given, constitutionally protected rights under a plea of emergency; but this is precisely what is forbidden by the Constitution of the United States.

Moreover, the Constitution of _______________ provides that all lawmaking power is vested in our state legislature and further provides that the powers and authorities of one branch of government shall not be discharged by an official from a different branch.

Lawmaking power being thus vested in the legislature, the Governor has no constitutional authority to make law.  Therefore, the edicts of the Governor (or a health department subordinate), whether they are characterized as mandates, orders, proclamations, or directives, are not law and cannot be lawfully enforced.

In point of fact, no governor, in any state, has the authority to suspend the Constitution.  And any attempt by a Governor to suspend Constitutional rights is an act of lawlessness and a violation of his/her oath of office.

When I took my oath of office as Sheriff, I swore obedience and fidelity to the United States Constitution and the Constitution of this State.

I did not swear allegiance to a mayor or a governor or a health department bureaucrat.

Fidelity to my oath requires that I abstain from enforcing any edict or order from a Governor, or any executive, which lacks constitutional authority.  Moreover, my sworn duty requires that I resist such edicts and orders and act in such a manner as to shelter and protect the citizenry from all acts of lawlessness, even and especially when they originate from civil authorities.

CONCLUSION:

Accordingly, the Office of Sheriff of _____________ County, has and will continue to adopt and execute policies and procedures consistent with the Constitution of the United States and the Constitution of this state.  These policies and procedures apply to the Sheriff, all Deputy Sheriffs, all employees of the Office of Sheriff and anyone acting under the authority of the Office of Sheriff and include, but are not limited to the following:

  • This Office will not enforce, nor in any way assist in the enforcement of any order, edict, mandate, proclamation, directive, regulation, etc., that violates the right of the people:
    1. to move about freely,
    2. to wear or not wear any medical device they may choose to wear or not wear,
    3. to freely express their religious beliefs, and to freely engage in the practice thereof,
    4. to freely speak their opinions,
    5. to assemble,
    6. to keep and bear arms,
    7. to lawfully engage in business activities without interference by representatives of any government, or agency or agent thereof, when such interference is based on the real or ostensible existence of a public health emergency including, but not limited to, Covid-19, Coronavirus, or any related strain or form thereof,
    8. to engage in any other activity protected by the Constitution of the United States or by the Constitution of this state.
  • This Office will not enforce, nor in anyway assist in the enforcement of any civil action or any criminal charge against any person for trespass which is based on that person’s failure to comply with unconstitutional mandates, orders, etc., described above.
  • This Office will arrest, detain, and recommend prosecution of any government official or agent thereof who knowingly and deliberately violates the rights of the people under the pretended authority of an unconstitutional order, edict, mandate, proclamation, directive, or regulation as described above.
  • This Office will arrest, detain, and recommend prosecution of any government official or agent thereof who uses his position or his office to influence any private (non-governmental) person or corporation to act in such a way as to coerce any person or entity to comply with unconstitutional orders, edicts, mandates, proclamations, directives, regulations, etc.

The people of _________________ County, are entitled to the protection of their God-given and constitutionally protected rights.  As the elected chief law enforcement official of this jurisdiction, it is the responsibility, duty and privilege of the Sheriff to do everything in his lawful power to protect, defend and secure these rights.

By the Sheriff