The idea that a local sheriff is the supreme political authority is a fiction, yet the constitutional sheriff movement as a political ideology continues to gain ground.
The movement claims county sheriffs hold ultimate authority within their jurisdictions, surpassing even federal and state governments. Proponents argue that sheriffs, as elected officials, are the highest legitimate law enforcement officers and have the power to interpret and enforce laws according to their personal understanding of the U.S. Constitution. This movement, rooted in far-right, anti-government beliefs, is deeply flawed in both its legal standing and its implications for civil rights and democratic governance.
From a legal perspective, the movement misinterprets the Constitution and the role of sheriffs in the American legal system. The Supremacy Clause of the Constitution clearly establishes that federal law overrides state and local laws when conflicts arise. Sheriffs do not have the legal authority to nullify federal laws, and their role is primarily one of enforcing state and local statutes, not interpreting constitutional law. The idea that sheriffs can decide which laws to enforce undermines the rule of law and violates the constitutional principle of checks and balances.
The movement also lends itself to civil rights violations, abuse of power, and corruption. By claiming unaccountable authority, constitutional sheriffs can disregard laws they disagree with, including those meant to protect civil rights. This selective enforcement often disproportionately impacts marginalized communities, as sheriffs might choose to ignore protections for immigrants, minorities, or protestors, fostering discriminatory practices.
Additionally, this unchecked power creates opportunities for corruption. Without oversight, sheriffs can misuse their position for personal gain, whether through favoritism, selective law enforcement, or financial corruption.
The constitutional sheriff movement threatens democracy by undermining the separation of powers and the rule of law. It empowers individual sheriffs to act as authoritarian figures within their counties, which erodes public trust in law enforcement and the democratic institutions that hold them accountable.
Locally elected, largely unaccountable, and difficult to remove, the country’s over 3,000 sheriffs, mostly white men, wield immense power—making arrests, running county jails, enforcing evictions and immigration laws—with a quarter of all U.S. law enforcement officers reporting to them.
In recent years “constitutional sheriffs,” have fought against pandemic federal mask and vaccine mandates and gun safety regulations. Some have joined the Donald Trump MAGA group and declared themselves election police while supporting the “Big Lie” that the 2020 presidential election was stolen. They are embraced by far-right militia groups, white nationalists.
How did a group of law enforcement officers decide that they were “above the law?” What are the stakes for local and national politics, and for America as a multi-racial democracy?
In the new book “The Highest Law in the Law: How the Unchecked Power of Sheriffs Threatens Democracy,” author Jessica Pishko investigates the roots of why sheriffs have become a flashpoint in the current politics of toxic masculinity, guns, white supremacy, and rural resentment, and uncovers how sheriffs have effectively evaded accountability since the nation’s founding.
Guest:
Jessica Pishko is an independent journalist and lawyer who has been writing about the criminal legal system for a decade with a focus on the political power of law enforcement officials. Since 2018, she has been focused on American sheriffs and their role—past and present—in perpetuating mass incarceration and white supremacy as well as how sheriffs present a growing threat to democracy in this country. Her new book is “The Highest Law in the Law: How the unchecked power of sheriff’s threaten democracy.”
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*This interview will be recorded on Monday, September 16, 2024.
