A Constitutional Profile In Courage: Sheriff Brad Rogers Of Elkhart County, Indiana

Sheriff Brad Rogers recently warned the U.S. Justice Department that any further attempts to inspect a farm within his jurisdiction — without a search warrant signed by a judge, and based on probable cause that a crime had been committed — would result in the arrest, for trespassing, of Federal inspectors or their removal from the area of the farm in question.

Sheriff Rogers said regarding the assertion that Federal law trumps state law:

That is a distortion of the intent, content and extent of the supreme law of the land — the U.S. Constitution — seen through a myopic and misunderstood view of Article VI, section 2 (The Supremacy Clause).

He added:

The Food, Drug, and Cosmetic Act could be deemed unconstitutional if and when challenged vis-a-vis the Tenth Amendment juxtaposed with The Commerce Clause. Our form of government was based on the principle that all officials exist to secure ‘Life, Liberty, and the Pursuit of Happiness.’…Such ‘cosmetic’ regulations will never ‘trump’ those principles. The citizen in question is a good man and has committed no crime. He is an upstanding member of this community. He does not have to allow access to his property for the FDA to conduct random inspections.