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  • GIJEW

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    Mar 14, 2009
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    actaeon277

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    Merrillville

    HoughMade

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    Oct 24, 2012
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    Valparaiso
    Well, elected sheriffs can refuse to enforce laws, but there are such things as Writs of Mandate (or Mandamus) which, through a lawsuit, can be used to legally compel a government official to act. Of course, it seems that this would force the issue of the constitutionality of the law that the sheriffs are refusing to enforce.

    It's all a rich tapestry.
     

    HoughMade

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    A good reminder how powerful the elected position of Sheriff is throughout our country.

    Yep. Police chiefs are normally appointed, generally speaking, the "hired gun" of a municipal executive.

    County sheriffs, where they are elected, and in Indiana, that sheriffs are elected is in the state constitution, have a great deal of autonomy. It is not unchecked power (and you wouldn't want it to be), but because they are elected, separation of powers principles limit the power of local (and state) legislatures to control them and the judiciary will generally only step in when it is absolutely clear that they have they legal right to do so.

    The link below is a case from the Indiana Supreme Court decided last week. It is not about a sheriff, but an elected township clerk-treasurer. It will give you an idea of just how much protection elected officials in Indiana are protected from the whims of the other other branches of government.

    https://www.in.gov/judiciary/opinions/pdf/02271902cg.pdf
     

    rooster

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    Indianapolis
    And just like with other “sanctuary” policies I disagree with them.

    This isn’t the way to challenge a problem. There is a prescribed method with the courts,ballet initiatives ,etc. No political subdivisions should be able to just say “no I don’t like that rule so I won’t follow it”
     

    GIJEW

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    And just like with other “sanctuary” policies I disagree with them.

    This isn’t the way to challenge a problem. There is a prescribed method with the courts,ballet initiatives ,etc. No political subdivisions should be able to just say “no I don’t like that rule so I won’t follow it”
    I agree that the balkanization of legislative and judicial authority is a bad thing, in itself, but this kind of "fight fire with fire" action is a natural push-back to the left's hypocritical abuse of power. It's what I was referring to when I talked about them not thinking through the consequences of their actions. "What's mine is mine, and what's yours is mine" is incompatible with the rule of law. But then, I don't think I'm being too cynical by saying that the Sanders-AOC wing of the DNC actually WANT to destroy the USA so they can build their socialist dystopia on it's ashes
     

    HoughMade

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    Oct 24, 2012
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    Valparaiso
    It's a political issue being handled politically.

    You elected me to enforce constitutional laws. I don't believe this law is constitutional; I'm not going to enforce it.

    A court can tell him its constitutional and that he he has to enforce it. In that case, well, he should or leave office.

    If the people of the county don't like this tactic by the sheriff, they can elect the other guy next time.

    I wish everyone got along, but since they don't....I don't have a huge problem with this. Sheriffs have always had this kind of autonomy.
     
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