Sheriffs are locally elected officials that operate large law enforcement agencies and jails, and to an increasing extent play a role in national politics through the “constitutional sheriffs” movement. Although they are elected, sheriffs often operate with impunity. Many people are unaware of the sweeping power that sheriffs hold over law enforcement officials, jails, election administration workers, and other aspects of governance. For that reason, it is important for all citizens to be active, informed voters in sheriff elections. In this episode of Justice Above All, the Thurgood Marshall Institute teaches listeners about the vast and varied powers of local sheriffs, and the different tools we have to hold them accountable.
Senior Researcher and Statistician, Thurgood Marshall Institute
Manager of the Justice in Public Safety Project, LDF
Author of The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy
Community advocate and mother of Vernell Bing, Jr.
The “constitutional sheriffs movement” is a national collective of sheriffs who believe that “[t]he law enforcement powers held by the sheriff supersede those of any agent, officer, elected official or employee from any level of government when in the jurisdiction of the county” (see CSPOA website). The movement began in the 1970s with roots in white supremacy, but has recently seen rapid growth and expansion. It is organized nationally through the Constitutional Sheriffs and Peace Officers Association (CSPOA). As the “constitutional sheriffs” movement grows, so does its influence and its threat to our multi-racial democracy. The belief that sheriffs do not have to enforce any laws that they deem unconstitutional is core to the “constitutional sheriffs” movement, and this is harmful to many communities.
In December 2022, the Legal Defense Fund (LDF) sent a letter outlining the growing threat of “constitutional sheriffs” to our multi-racial democracy to then-Associate Attorney General Vanita Gupta and then-Assistant Attorney General Kristen Clarke. The letter built on a previous letter that LDF had sent earlier that year urging the Department of Justice to further its efforts to address the threat of law enforcement officials, including sheriffs, with ties to anti-governmental and white nationalist groups.
The December letter details how sheriffs had been threatening to engage in voter intimidation and election interference tactics. Many groups associated with the “constitutional sheriffs movement”, including CSPOA, promoted disinformation regarding the 2020 election. Sheriffs are being sought out in efforts to criminalize librarians, educators, and others who provide access to books that support learning about structural racism, sexism, and LGBTQ+ identities.
From how police engage with the community to whether public transportation is affordable, safe, and clean to whether affordable housing is being built, local elections shape our communities and impact our lives.
Subscribe to journalist and author of The Highest Law in the Land Jessica Pishko’s Substack for original reporting on law enforcement and political power.
