A (National) Letter to Sheriffs, Police, and other Law Enforcement Officials

By Attorney Michael Peroutka

*You have permission to use word-by-word and simply enter your state, or tailor it to make it your own message.

(Almost all of us know someone who is in law enforcement -- whether it’s someone in our family, neighborhood, church, etc. The message below can used as written or be tailored and sent or given to law enforcement folks you know.  Feel free to make it your own message.)

This message is intended for SHERIFFS, POLICE OFFICERS AND OTHER LAW ENFORCEMENT OFFICIALS.Our State Constitution provides that all lawmaking power is vested in our state legislature.  It further provides that the powers and authorities of one branch of government shall not be discharged by a person vested with power from a different branch.So, lawmaking power is vested in the legislature, meaning the Governor has no constitutional authority to make law.

Therefore, the edicts of Governor _____________, whether they are characterized as mandates, orders, proclamations, or directives, are not law.  They cannot lawfully be enforced by the law enforcement officials of                      ____________________or its political subdivisions.

Now, there are many who are saying that this current Covid-19 crisis makes it necessary to suspend the exercise of God-given, constitutionally protected rights; including the freedom to practice religion, freedom of assembly and association as well as the freedom to move about without molestation.

However, no governor, in any state, has the authority to suspend the Constitution.  And no pretended “Emergency Powers” legislation can give it to him because the legislature cannot give the Governor an authority that they, themselves, do not have.And any attempt for a Governor to suspend Constitutional rights is an act of lawlessness and a violation of his/her oath of office.

When you took your oath of office, as a Sheriff, police, or other law enforcement official, you swore obedience and fidelity to the United States Constitution and the Constitution of __________________ . 

You solemnly declared THAT YOU WOULD ALWAYS FOLLOW THE CONSTITUTION.  You did not swear allegiance to a mayor or a governor or a judge or a president.Right now, I’m encouraging you to remember that solemn promise and to live up to its terms.Because right now, as your country and your state are in peril, it is especially crucial that you rededicate yourself to this noble calling and duty.

Your fidelity to your oath and to the rule of law requires you to abstain from enforcing any edict or order from a Governor, or any executive, which lacks constitutional authority.

Moreover, your duty requires that you resist such edicts and orders and that you act in such a manner as to shelter and protect the citizenry from all acts of lawlessness, even and especially when they originate from civil authorities.

For additional information, please visit www.InstituteontheConstitution.com; www.cspoa.org.