Richard Mack addressing more than 330 members of the Posse Comitatus

Richard Mack addressing more than 330 members of the Posse Comitatus

On the cool breezy spring day of Saturday at DelTech’s Georgetown Campus, Sussex County’s Sheriff Jeff Christopher held his First “Sheriff and Citizen Summit.” The meeting was attended by 335 citizens interested in what the Constitutional Sheriff has to offer the community he serves.

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I witnessed NO buses or large vehicles busing people in, but instead the parking lot was filled with private citizens driving themselves to this conference. With a packed agenda, the meeting started at 9 a.m. with prayer.

Pastor David Whitney spoke of the job of a Constitutional Sheriff saying, “It is the job of the constitutional sheriff to safeguard the citizens of his county from unjust and unconstitutional laws.” He goes on to say, “An unconstitutional act is not a law. It confers no rights. It imposes no duties. It affords no protection. It creates no office. An unconstitutional act constitutes a protection to no one who has acted under it.”

Whitney continued saying, ” No one can be punished for having refused obedience to it before the decision was made.” He further quoted “Blacks Law Dictionary 4th edition:

The doctrine that a state in the exercise of its sovereignty, may reject a mandate of the federal government deemed to be unconstitutional or to exceed the powers delegated to the federal government.
The concept is based on the 10th Amendment, reserving to the states, powers not delegated to the United States.

Whitney gave Blacks Law Dictionary 3rd edtition definition of Posse Comitatus:

Posse Comitatus is Latin and is translated as: The power or force of the county, and is defined as: The entire population of a county above the age of fifteen, which a sheriff may summon to his assistance in certain cases; as to aid him in keeping the peace, in pursuing and arresting felons, etc.

In a commentary on Superior Court Judge T. Henley Graves recent ruling:

Judge T. Henley Graves recent ruling that Sheriffs in Delaware have no authority of arrest is wrong, and actually is a criminal act of seditious conspiracy (U.S. code Title 18, sec. 2384), which is defined as attempting to overthrow the established form of government. The penalties for violating the Oath of Office in this manner are a fine and twenty years in prison. It is hard to imagine that this corruption of our system of jurisprudence is innocent. In his ruling the judge bases his whole argument on case law, and evades the mandates found in both the Federal and State Constitutions. The use of such sophistry is prevalent within our courts. Upon scrutiny, the judge’s ruling is easy to destroy, particularly when viewed in the light of Republicanism, the fundamental basis for the protection of the citizen as a sovereign.


Madison understood also that separation of powers acted as check and balance against a centralization of power and warned:

The concept of “countervailing ambitions” as well as the Constitutional framework of “opposite and rival interests” were designed to prevent tyranny. Each branch of government as well as each level of government is given power to serve as a check of the other branch or level of civil government. Ambition must be made to counteract ambition.”

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Pastor David Whitney
Pastor David Whitney
Rev. David Whitney has been teaching the Christian heritage and history of our country with Institute on the Constitution for over a decade where he serves as Senior Instructor. David is an Honors Scholar graduate from Rutgers University with a Masters Degree from Denver Seminary. A minister for 32 years, he is currently the Pastor of Cornerstone Evangelical Free Church of Pasadena, Maryland. As an member of Clergy, Activist and Radio personality David has appeared in Washington Times, on Voice of America, Fox, ABC, NBC, CSPAN, BBC, and more...