Sunday Masher: Constitution Corner – The Oath in Action
By Doug Traubel • March 17, 2024The Sunday Masher is a column where Idaho Dispatch contributors provide valuable, insightful, and interesting information to Dispatch readers. Submit your masher ideas or questions for this column to info@idahodispatch.com. We may feature a response to your idea! This mash up was written by Doug Traubel. Contributor columns do not necessarily reflect the views and opinions of those at the Idaho Dispatch.
In the book, ‘1984’ is a famous quote:
“If you want a picture of the future, imagine a boot stomping on a human face—forever.”
Advertisement
Too often, laws are passed without looking through the foundational lens of our country. By that I mean the lens of the “purpose of government.” Where do we find that lens?
We find it in one of the four organic laws of the United States: Namely, The Declaration of Independence. In it we are told the purpose of government is “…to secure God-given rights.”
Without that lens, liberty is at risk of being stomped in the face by laws passed out of focus and out of balance with an ostensible need of the day.
John Adams said,
“You have rights antecedent to all earthly governments; rights derived that cannot be repealed or restrained by human law; rights derived from the Great Legislator of the Universe.”
On March 12, 2024 the Idaho Senate Health and Welfare Committee sat to consider passing H525, a bill aimed at changing language that currently empowers Central District Health to, “…do all things…”
I spoke before the Senate Committee in favor of the bill because I understand that the Bill of Rights are the “untouchables.” Giving any part of government the power to “…do all things…” under the Banner of Public Safety is Orwellian and has a track record of tyranny that We the People of Idaho cannot suffer again! I asked the committee to pick up their lens and strike the liberty crushing language. The bill died in committee.
Government is force by another name! Just as in police work — where I served for thirty-two years — force must be measured by the “reasonable and necessary” standard (Graham v. Connor:: 490 U.S. 386 (1989). Absolute power is a police state. It is antithetical to our founding ethos and a Constitution with a Bill of Rights.
I was asked for examples of abuse under the existing law.
I shared the following:
- Rathdrum, Idaho: A woman given a misdemeanor citation over having a garage sale. (IC 56-1003 (3) (c) Violation of Isolation Order)
- Ada County: Robert Jones and Eva Selleck arrested at a Central District Health meeting (a public building) over not wearing a mask.
- Moscow, Idaho: Three Christians arrested for maskless Psalm signing — outdoors!
- The most egregious example of abuse for me personally took place at the doors to the Ada County Courthouse on March 15, 2021. Sheriff deputies wearing the uniform I once wore violated Article 1, Section 18 of the Idaho State Constitution, that guarantees open access to the courts without delay or prejudice. An edict from Central District Health adopted by the Ada County Courthouse and Administrative Building cannot trump the State Constitution or the Constitution for the united States. Sheriff deputies denied entry without a mask and then arrested people for failure to appear (FTA) and dragged them through the same doors (unmasked) they were denied moments earlier. Two people were injured in the process; Casey Baker, and Jennifer Acheson. Aaron Schmidt was also arrested.
What would “oath-centered leadership” of a Constitutional Sheriff have looked like in this last example? My deputies would be instructed to NOT arrest. They do not answer to the CDC, the Administrative Judge, County Commissioners, the Governor, or the President. My deputies would be told to take the unmasked citizens arm-in-arm to the courtroom reflected on the subpoena. An administrative order does not trump the highest law in the state. The oath required by Article VI of the Constititon for the united States is not to a person or health board; it is to the Constitution which is a limiting document on the power and duties of government.
To date, no assurance from the Ada County Sheriff has been made that this unconscionable and unconstitutional conduct would not repeat under the same or similar circumstances.
“When Sheriffs do not put their oath in action by interposing, it renders the Constitution toothless and government unrestrained.” –Doug Traubel
Tags: 1984, 2024 Idaho Legislature, Absolute power, Ada County Courthouse, Ada County Sheriff, Article VI of the Constititon for the united States, Bill of Rights, CDC, Constitutional Sheriff, Declaration of Independence, H525, House Bill 525, Moscow, oath-centered leadership, Police State, purpose of government, Rathdrum, Senate Health and Welfare Committee
In the second to last paragraph the reader will notice I use the lower case ‘u’ in United States. This is not a typo. I am using “united” as an adjective to emphasize the importance of the relative sovereignty of the respective states as opposed to the proper noun, United States.
You mean how it was originally inscribed in the Declaration of Independence? I agree, more important to highlight “States of America” to delineate inherent powers vs delegated federal powers and that we are United only by the consent of the “governed”…go get ‘em Doug!!
Unless government understands it works for and is a servant of The People things could get very messy.
Central District Health is there to help guide septic system leach fields, all other authority must be revoked.
Ada County’s Sheriff cowtows to the mayor of Boise and seems clueless as to what a Constitutional Sheriff really is.
Brilliant editorial, Doug Traubel. If Ada County does not elect you as its next Sheriff, the citizens truly will have put themselves in jeopardy for future unlawful, unconstitutional actions by the state of Idaho if it again bows down to federal power.
We also wrote in support of H525 stating: “After the Covid-19 countermeasures debacle, such legislation is necessary to ensure that Idahoans and their doctors can freely make their own medical decisions without unreasonable interference or pressure from state and federal agencies, pharmaceutical companies, and others.”
Did anyone in our legislature who voted against this bill consider Common Sense and our nation’s Founding Principles? Or were they just listening to their powerful donors and corporate interests? Methinks it’s the latter.
To your final paragraph: During a meet & greet prior to the May 2022 primary election, we asked the seeking-re-election Ada County Sheriff about his status as a Constitutional Sheriff and his position on illegal immigration. No real answers.
The Sherrif’s department is the constitution’s last line of defense.
Excellent presentation. Those who do not know are at greatest risk. Thank you for educating the people. Hope to see you elected so the people in Ada County have someone who understands “the proper role of government.” Anyone who is in that position, who does not understand his role is a “tool” to be used by an out-of-control government.
Yes, I agree. We really need a constitutional sheriff in Ada County. These issues will come up again.
Excellent summarization. Your Sunday Masher hits on the important points of what a Constitutional Sheriff’s oath is swearing to uphold and protect. The constitution and the people. Well done sir.
Good article. That is why I voted for you. I did my research and found out you were the freedom candidate. The problem is our side has no money, no organization and routinely is vilified in the globalists press outlets as “extremists” etc etc. and the lazy republican voters simply vote in the most recognizable name. It seems the same agenda is triumphing in every state in this US, some more, some less, but all states are heading in the same direction. Not much is being done but there is a lot of talk on the Republican side as usual. The stage is being set for the anti christ to appear on the seen as they’re building their nwo, their one world hell hole. The good news is Jesus Christ is coming to crush their system, and his enemies, and set up his rule and reign from Jerusalem for 1,000. There will be no “secret societies” (masons) infiltrating political parties and destroying municipalities, cities and states then. It’s time to read the Bible and turn to Jesus Christ and become born again (John 3:3) so we can rule and reign with him when he returns. Time is short, I implore all to soften your hearts and turn to the Lord. That’s the good news. Jesus Christ is going to win in the end. God bless!
I was also a polite officer for 32 years, and can’t help but wonder what other laws we law enforcement officers should just ignore. Only those we don’t personally agree with?