When the sheriff is the law(5x8 - 1/16/13)
Posted at 6:53 AM on January 16, 2013
by Bob Collins
(15 Comments)
Filed under: Five by 8
First this programming note: I will be live-blogging President Obama's remarks on gun control and then hosting a live chat here starting at 10 a.m. Join me with your reaction to the announcement.
1) WHICH LAWS TO ENFORCE?
Pine County Sheriff Robin Cole says he will not enforce any aspect of President Obama's gun rules if they infringe on constitutional freedoms.
In a letter to constituents, reported by the Duluth News Tribune, Cole says state law provides plenty of public safety protections now.
"I do not believe the federal government or any individual in the federal government has the right to dictate to the states, counties or municipalities any mandate, regulation or administrative rule that violates the United States Constitution or its various amendments."
Several sheriffs around the country are doing the same thing. In Oregon, Linn County Sheriff Tim Mueller says the likely new rules violate his oath to uphold the Constitution. Click the letter to read it.
It's the same story in Jackson County, Kentucky where Sheriff Denny Peyman says the Constitution is like the Bible. "Either you believe it or you don't believe it. The Constitution, either you believe it or you don't. Either you live by it or you don't," he told Fox.
Related: Schools reject more-guns idea. (St. Cloud Times)
2) WHERE THE WOMEN ARE ASSAULTED
Williston, N.D., may have lots of oil; but it doesn't have many women.
And that's a problem for the women who do live in the Oil Patch, the New York Times says.
Many said they felt unsafe. Several said they could not even shop at the local Walmart without men following them through the store. Girls' night out usually becomes an exercise in fending off obnoxious, overzealous suitors who often flaunt their newfound wealth.
"So many people look at you like you're a piece of meat," said Megan Dye, 28, a nearly lifelong Williston resident. "It's disgusting. It's gross."
One solution? A gun.
At the urging of her family, Barbara Coughlin, 31, who recently moved to Williston after her 11-year marriage ended, is now getting her concealed weapons permit so she can carry a Taser. Ms. Coughlin, who wore silver glitter around her eyes at work as a waitress on a recent day, said her mother and stepfather, who live here, advised her to stop wearing the skirts and heels she cherishes, so she does not stand out like "a flower in the desert," as her stepfather put it. Her family hardly ever lets her go out on her own -- not even for walks down the gravel road at the housing camp where they live.
"Will I stay for very long? Probably not," she said. "To me, there's no money in the world worth not even being able to take a walk."
Related: Report says Minnesota should spend $10 million to help trafficking victims.
If only there were a way to prevent kids from being obese so their parents don't have to spend $28,000.
Related: Nutrition education program for food stamp recipients faces cuts
St. Paul has already lost Macy's; is it about to lose Lawson? The company that bought the formerly big software company is thinking about abandoning the big building in downtown that once heralded the city's comeback, according to the Business Journal.
The move, if it occurs, should prompt a renewed look at whether it's worth it to plow taxpayer money into private business. Macy's got city money to stay downtown, and decided to blow town the minute it legally could.
Lawson was another one of then-mayor Norm Coleman's projects to lure business downtown, stealing the software developer from Minneapolis. Saint Paul still owes money on the project.
Is it too early to start worrying about the insurance company formerly known as the Saint Paul?
Meet the 2012 Sports Illustrated Sports Kids of the Year.
Bonus I: Ever wonder what those football players are saying? It's probably not this, eh, Adrian Peterson?
Bonus II: The silver lining of flu season. People who don't like to shake hands have a good excuse not to shake hands. (Boston Globe)
Bonus III: The Norwegian photographer whose subject is wolves. (Lens blog)
TODAY'S QUESTION
This morning, President Obama is expected to call for wider background checks on gun purchases, restrictions on assault weaponry, federal research into gun violence and other measures to reduce gun violence. Today's Question: What do you think of President Obama's initiatives to reduce gun violence?
WHAT WE'RE DOING
Daily Circuit (9-12 p.m.) - First hour: A look at the new common core English standards.
Second hour: The state of tobacco control report card.
Third hour: The NRA and American politics.
MPR News Presents (12-1 pm): Pulitzer Prize-winning author Jon Meacham, speaking on Thomas Jefferson. He's the author of the new best-selling book, "Thomas Jefferson: The Art of Power."
Talk of the Nation (1-2 p.m.) - The Poltical Junkie.
All Things Considered (3-6:30 p.m.) - Lance Armstrong had a turbulent relationship with sports reporters during the years he faced doping allegations. Now that he's reportedly coming clean, it may come as no surprise that he's turned to mainstream media as a conduit for redemption. NPR reports on Oprah Winfrey, Lance Armstrong, and the fallen cyclist's media strategy.
Comments (15)
@#1 Are these same sherrifs refusing to enforce anti-drug legislation? Because it took a constitutional amendment to outlaw alcohol but only a simple law to outlaw pot... (in a manner that I feel infringes on the intrastate commerce clauses of the Constitution, though the supreme court thinking that any commerce might effect national commerce disagrees with me.) Refusal to uphold all of the constitution when "Either you believe it or you don't believe it."
Do I sense some snark in #3 from you? Since no one has really cracked the weight loss puzzle, it may well be worth $28K for this kid to gain some sense of self-worth and stay healthy for the rest of his life.
#1 - Sorry Sheriff Cole, but interpreting and deciding how the constituion fits a particular situation is the job of the Supreme Court, not local law enforcement. It's in the constitution.
1) WHICH LAWS TO ENFORCE?
Supreme court cases are rarely decided on unanimous decisions. When these highly learned and studied men and women can not agree on what the constitution says, as is applies to specific cases (presidential rules or congressional laws) how does this or any Sheriff know what is or is not constitutional. It is not a matter of "Either you believe it or you don't believe it."
The second amendment is one of the more interestingly worded and grammar challenging amendments.
Sheriffs making their own rules. Wouldn't be the first time, won't be the last time.
Looks like Sheriff Cole auditioning for the role of Bull Connor.
Well, sure, at THIS point there's not much parents can do but write a $28,000 check.
What if there were another way to prevent it from ever getting to that stage?
Actually, John P, I don't believe it IS in the Constitution that the role of the Supreme Court is to judge the constitutionality of laws. See MinnPost's article here: http://www.minnpost.com/eric-black-ink/2012/11/some-constitutional-myths-about-supreme-court.
It is, however, a long established precedent going back to the earliest days of our country. Moreover, it's a cultural norm that is viewed by most of the American people as the unquestionably correct role of the Judiciary. In some ways, this is an even stronger position than whether or not it's Constitutional. The Constitution can be amended, but it's awfully hard to change deep-set cultural expectations.
I think section 2 does say that they have that right.
The first sentence of section 2 is a big one (love all the semi colons) :
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects"
Judicial review was not part of the constitution, and that is where the famous case Marbury v. Madison (1803) came into play. Chief Justice Marshall wrote the foundation for judicial review where none previously existed. There are some that still think Marbury was wrongly decided, but it is the law of the land, but it is not an enumerated power.
As members of the Executive Branch the Sheriffs should enforce the laws, especially if there's executive mandate, or lose their jobs.
I don't seem to recall Sheriffs or any law enforcement making threats like this over rulings or laws limiting the 1st or 4th amendments.
And I certainly haven't seen a single example of a LE member making this stand when it comes to LE violation of rights.
I wonder if the Sheriffs would feel the same about guns if laws were passed saying they could never search an individual or a a residence.
After all, they have no "right" to search.
Perhaps their Constitutional concern isn't as steeled as they purport.
#2
This is what oil does to people.
"When the sheriff is the law(5x8 - 1/16/13)"
Where's a simliar headline when one guy in the WH decides which laws to create & enforce?
"When Obama is the law"????
Thank you Sheriif Mueller for standing up for the people....they shall do the same for you one day! You are a PATRIOT sir.
John Gist
26 Year Veteran who is sick if what is happening today.
WoW, Some of you people are clueless of the Power a County Sheriff really has! Sheriff Cole was elected to up hold the Constitution, Not to bend over to Obama Dreams! Turn Off your TV,, the Education the MEDIA is feeding you is Worthless!
I really RESPECT people that stand up to any Government BULLY!
STATES RIGHTS! If the Federal Government outlawed Gay Marriage and mandated Voter ID, I guess you ALL would just Follow like Sheep?
Someday that just might be the case,, ELECTIONS are Temporary,, Things could change for the worse..
The PEOPLE have Control as long as we have STATES RIGHTS! Sheriff Cole should get your RESPECT if you really think about it!
I can tell you also, Sheriff Cole is NOT some RIGHT WING Nut job! He protected Clinton & Wellstone with a Gun on his side in MPLS!
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