By Jim BeersDistinguishing hidden agendas
from unintended consequences is often a matter
of opinion that merely reflects what the
observer wants to believe.
Examining the steady loss of freedoms in our
great nation often reveals
motives and players we had not formerly
considered. I leave it to you to
consider the following account of the
evolution of Law Enforcement in the
United States over the past century. Keep it
in the context of other
changes during this period: changing the
election of US Senators from State
defenders to national special-interest
defenders; authorizing the federal
government to lay unlimited incomer taxes;
and the emergence of
environmental/animal rights/socialist
interest groups exerting national
political control. Whether a diabolical
hidden agenda or simply an
unintended consequence, the evolution of Law
Enforcement in the US is an
element in this scenario to be concerned
about.
During the Middle Ages in England and in
Colonial America, sheriffs were the
primary enforcers of THE LAW. Robin Hood's
nemesis and the usurper King's
enforcer was the Sheriff of Nottingham.
Colonial Sheriffs in the American
Colonies of Britain were appointed by the
Governor of the Colony and did his
(i.e. the Governor's) bidding on behalf of
the King and Parliament. One
does not have to be a graduate of the Federal
Law Enforcement Training
Academy to comprehend that a Colonial Sheriff
was someone to be feared and a
guy whose pay and career opportunities
depended not on pleasing the
community but rather on pleasing the Governor
and the King. Needless to say
that when we established this nation, the
need for a sheriff seemed
self-evident but who they would answer to,
was open to question.
Even before the Constitution was ratified,
States (the former 13 colonies)
had elected Governors and other officials
including Sheriffs. Sheriffs
tended to be elected under the conditions set
forth in each State's
Constitution. As Counties were established
and urban areas were organized
politically, the election of THEIR OWN
Sheriff, was considered just one of
the many grand advancements of this new
Republic. Think of it: a Sheriff
elected BY OUR COMMUNITY to keep US safe.
During the first century of the
nation, this concept of Local Communities
like Counties electing or getting
rid of their own Sheriff worked as well as
any human endeavor can. While
there were always scandals and corruption:
Local accountability and
oversight was always more direct, immediate
and responsive than at the State
Level and certainly far greater than at the
central government or federal
level.
As the country expanded, new Territories
that would become states needed law
enforcement and thus was born the role of US
Marshals. They were legendary
as "Peace Officers" under some of the most
unruly periods in the nation's
history. They were appointed by judges or
federal politicians and operated
with, not independent of, Sheriffs as they
were elected. As each State
came on line, Sheriffs shortly replaced US
Marshals in law enforcement
duties.
Cities were the first places to
challenge the role of Sheriffs. Powerful,
elected Sheriffs were seen as competitors by
elected Mayors. Mayors often
fought with Sheriffs over who was over who
and who would do what. Thus was
born the role of City Police Departments and
the practice of Mayors
APPOINTING The Police Chief. As this evolved
and City Police Departments
became more powerful, Sheriffs in those urban
enclaves became less powerful.
As the Mayors controlled the Police, such
things as police oversight of
corruption or cronyism became more and more
rare. Sheriffs, while still
elected, became jailers and officers of
courts and prisoner transporters.
Police Chiefs, while coveting the aura of
independent and accountable
Sheriffs became little more than appointees
of Mayors or hacks. One need
look no further today that the International
Association of Chiefs of Police
(IACP) and their love affair with every gun
control scheme to come down the
pike. Like the Washington, DC Chief and her
"please give us consent to
search your home for guns" scheme, urban
mayors have used guns as the
scapegoat for crime and if any Police Chief
diverges from that mantra, they
are history. The urban Police Chiefs control
the IACP, therefore the
"experts", the successors to Sheriffs;
support destroying the 2nd Amendment
rights of all Americans.
Up until the
"Roaring Twenties" and "Prohibition" Marshals
were the federal
enforcement officers for the very
Constitutionally-limited federal body of
laws. Migratory Bird authority at the end of
WWI emerged and a bevy of
Federal Game Wardens were employed in the
USDA. The Internal Revenue
Service grew with the growth of the Federal
Income Tax and was responsible
for getting Al Capone imprisoned for "tax
evasion". J Edgar and his men
chased down Dillinger and Baby-Face Floyd and
all the other notorious
robbers. The expansion of National Forests
and National Wildlife Refuges
and National Parks meant more and more rural
land that DID NOT PAY LOCAL
TAXES so the Sheriffs asked how they could do
the same or more enforcement
when Uncle Sam was lowering the tax base so
dramatically. The federal
government bureaucrats jumped with glee.
Today, we have Secrets Service
Agents and Secret Service Uniformed; FBI,
IRS, FWS, NPS, USFS, BLM, USACoE,
Customs, Homeland Security, INS, CIA, DOD,
NMFS, etc., etc. agents and
uniformed and part-time federal enforcement
officers. They are usually
under DIRECTORS and they encompass hundreds
of thousands of employees and
billions and billions of annual
funding.
Funny thing: as the federal
law enforcement force expanded (just like urban
Police Departments) Marshals (like Sheriffs)
became jailers and officers of
court and prisoner transporters.
Federal enforcement agencies do just what
every federal agency does. They
generate reams of justification for MORE
people and MORE money for MORE
responsibilities. They argue for better
pensions (higher percentages and
lower years of service) and they "draft" ever
more restrictive regulations
to make their job easier regardless of their
effect on the citizenry (this
is because they are really unaccountable and
they get away with things like
seizing property for their own use and
pushing gun control). An example of
their unaccountability is the widespread
Washington "secret" that billions
of Homeland Security "contracts" go to and
are controlled by retired Secret
Service agents who in turn employ other
retired Secret Service agents. I
told this to someone the other day that asked
me why "the government" lets
this go on? Simple, I said, who is the
government but federal employees
approaching retirement and who do you think
wants to get hired then? It is
called "double-dipping" and Washington, DC is
awash in it.
Remember all this when you wonder how could a
law like the Endangered
Species Act be passed? How can anyone charge
you with a felony (prison,
no-vote anymore, and no-gun anymore) for
killing a wolf or grizzly making
you fear for your life or the life of a loved
one or your property? How can
they make me give up use of my property
without compensation?
Most Marshals have never known the role they
played for the first century of
the nation. More and more Sheriffs think of
themselves and their Deputies
and their role as less important than the
Police and certainly insignificant
when compared with FEDERAL OFFICERS. Police
tend to treat Sheriffs and
their Deputies as lesser officers. Federal
officers from the tiniest
National Park to the Secret Service Director
think of Sheriffs and Marshals
as little more than someone to send for coffee.
Finally, consider what has disappeared:
- Local election and accountability for the
people that enforce our laws
- Local input into what will be legal and
illegal IN OUR COMMUNITY.
- Familiarity with enforcers that live in
your community.
- Durable, people and business-friendly
communities under sensible laws.
Consider what has replaced it:
- Political control of Police Chiefs.
- Laws written and enforced by ever-more
remote and unaccountable
- Laws that forbid guns and close public
lands.
- Faceless enforcers that are trained to
treat you not as a neighbor but as a
target.
- Central government law enforcement just
like medieval England and Colonial America.
Here we are, back where we started from over
200 years ago. Unintended
consequence or hidden agenda? I leave that
to you.
I for one suggest we trim back the pomposity
and roles of Police Chiefs and
federal Directors and rediscover elected
Sheriffs for domestic law
enforcement. Letting each County elect a
Sheriff who is then THE HEAD LAW
ENFORCEMENT OFFICER FOR THAT JURISDICTION is
neither radical or difficult,
just a well-proven development from the birth
of our nation.Placing all these federal
resource agency law enforcers (NPS, USFS, FWS,
BLM, NMFS, ETC.) in Interior, Commerce, and
Agriculture under the US
Marshals would be another move well worth
considering. Changing these
Police Chiefs and federal agency Directors
from law enforcement dictators
(the proper term) to law enforcement
cooperators is in everyone's best
interests (including the enforcers because
they are citizens too.)
Ben Franklin
must have had all this in mind when he
observed that those who
would trade freedoms for security deserve
neither. We have done just that.
Like The Founding Fathers we must break that
pact and restore the freedoms
we have traded away for a very thin gruel.
Jim Beers
Jim Beers is a retired US Fish & Wildlife
Service Wildlife Biologist,
Special Agent, Refuge Manager, Wetlands
Biologist, and Congressional Fellow.
He was stationed in North Dakota, Minnesota,
Nebraska, New York City, and
Washington DC. He also served as a US Navy
Line Officer in the western
Pacific and on Adak, Alaska in the Aleutian
Islands. He has worked for the
Utah Fish & Game, Minneapolis Police
Department, and as a Security
Supervisor in Washington, DC. He testified
three times before Congress;
twice regarding the theft by the US Fish &
Wildlife Service of $45 to 60
Million from State fish and wildlife funds
and once in opposition to
expanding Federal Invasive Species authority.
He resides in Centreville,
Virginia with his wife of many decades.