Saturday, February 18, 2023

Shall Not Be Infringed 2: The Unconstitutional Sheriff's of America invade Illinois and they love Guns

Furiously looking for the Sheriff Section of
the US Constitution
We are in an Era when legislation, which is overwhelmingly supported by a broad swath of the populace, is routinely undermined by Special Interest groups who craft ridiculously worded lawsuits to undermine common sense legislation.

So, when the Illinois Legislature passed the Assault Weapons Ban its intent could not be any more clear; it is far too easy for military grade weaponry to get into peoples' hands in Illinois.

But, a large cohort of conservatives love when people are shot to pieces and support the unrestricted gun violence afflicting the United States.

Sure, some gun nuts might make some blasé hand waving comment about mental health and proudly proclaim Highland Park Strong but, when it comes down to it conservatives are more than willing to let 40,000 Americans die and hundreds of thousands be wounded from gunfire each and every year so they can possess their toys and fantasize about overthrowing the Government or waiting inside their house to Defend their castle from the GAY WOKE BLM ANTIFA roaming freely from the Hellscapes of Democrat Run Cities.

So, predictably after a gun law gets passed a whole bunch of Illinois Sheriffs decided they are not going to enforce the law.  

“The right to keep and bear arms for defense of life, liberty and property is regarded as an inalienable right by the people. I, among many others, believe that HB 5471 is a clear violation of the 2nd Amendment to the US Constitution."

Sheriff Mendrick's fallacious Argument ad Populum aside, I guess Mendrick needs a refresher course in basic Civics; Legislatures write laws, Judges interpret laws, Sheriffs enforce laws.  But, nah a bunch of Sheriff's and their deputies have declared they know the Constitution and the Second Amendment better than any politician, judge, or legislator so they won't enforce the Assault Weapon Ban.  Except, of course, Mendrick is a politician and one who is indebted to the conservative belief system that the Law (writ large) and Law Enforcement Agencies exist to harass and arrest black and brown people, because All White People are good guys with guns right up until they pull that trigger and murder people and then well law enforcement will gingerly take them into custody and ensure they receive they DUDE PROCESS.

There is a name for people who decide that they won't follow the law... 

If you are unaware, the Constitutional Sheriff movement argues that the County Sheriff is the highest official in his County with greater authority than the Legislature, Governor, Federal Law Enforcement and even the President. They couch this nonsense in some Magna Carta flim-flam which they "learned" from watching Robin Hood movies and deciding the Sheriff of Nottingham was the Real Hero in each film.

Here is a good synopsis of the "Constitutional Sheriff" Movement from a Georgetown Law article.
The “constitutional sheriffs” movement contends that “[t]he law enforcement powers held by the sheriff supersede those of any agent, officer, elected official or employee from any level of government when in the jurisdiction of the county.”  Self-proclaimed “constitutional sheriffs” claim to derive this supreme authority from historical practice as well as the oath they swear to the Constitution (even though an oath pledging to uphold the Constitution is standard for many public officials and government employees). Thus, “constitutional sheriffs” assert that they have the power to determine the constitutionality of the laws they are entrusted with enforcing, and to refuse to enforce any law that they believe is unconstitutional.
Fortunately, Mendrick and other rightwing semi-fascist Sheriffs got a great deal of pushback from the Illinois legislature.  And while SHALL NOT BE INFRINGED lawsuits brought forth by rightwing scumbags gained temporary limited injunctions and restraining orders for the implementation of the law by small podunk Illinois Republican Judges a the Federal Seventh Circuit Court pushed back and rejected a Naperville lawsuit by a Merchant of Death that an Assault Weapons Ban caused irreparable harm to his business.
"Because assault weapons are particularly dangerous weapons and high-capacity magazines are particularly dangerous weapon accessories, their regulation accords with history and tradition. Naperville and Illinois lawfully exercised their authority to control their possession, transfer, sale and manufacture by enacting a ban on commercial sales. That decision comports with the Second Amendment."