A Senate committee heard proposed legislation Wednesday, April 6, that would enshrine the role of county sheriff’s departments into the state constitution.
The resolution, Senate Joint Resolution 42, was introduced to the Senate Committee on General Laws by Sen. Jill Carter, R-Granby. If enacted into law, it would make it impossible for a sheriff’s department to be shut down and would assert the sheriff’s authority over state and federal jurisdiction.
As a ballot measure, the resolution first has to pass through the House and Senate before being sent to the voters.
Surrounded by sheriffs from around the state at a press conference, Carter said the bill was partly a response to the weaponization of the legal system. Earlier, during the committee hearing, she was unable to name any examples of sheriff’s departments in Missouri being targeted.
Justifications given for the bill also include the threat of federal overreach, a point echoed by the majority of sheriffs and supporters of the bill.
“We are able to stand in the gap as the only elected law enforcement official in the state. That we stand against the things that are overreach of our government,” said Osage County Sheriff Michael Bonham.
What these government overreaches are remained vague throughout both the committee hearing and press conference, revolving around protecting the civil liberties of citizens.
“We’ve also seen just recently over in Illinois where 80 sheriffs bravely stood up for the rights of their citizens,” Bonham said.
He was referring to a number of county sheriffs in Illinois refusing to enforce a statewide ban on assault weapons.
The language of the bill brings it in line with the constitutional sheriff movement, a far-right movement that asserts that the highest order of authority is based at the county level.
According to reporting from Politico, the constitutional sheriff movement took form after the collapse of the Christian white supremacist organization Posse Comitatus.
Attempting to assert county authority over federal agencies is likely to bring legal challenges, something the bill’s supporters said they expect.
Sen. Bill Eigel, R-Weldon Spring, said that federal challenges are expected but that he believes the state will come out on top, though he did concede that discussions around these changes will be ongoing for the foreseeable future.
Lawmakers were also asked about the wording of the ballot summary, which leaves out any mention of the issue of county sheriff authority.
“We’ll continue to look at that,” Eigel said, “but we’re very comfortable with where it’s at right now.”
