Donnelly: ‘Constitutional sheriff’ distracts from duties

As Benjamin Franklin is quoted as replying when asked what form of government was emerging from the Constitutional Convention, “A Republic, if you can keep it.” Fast forward to Clark County today, and Franklin’s words warn us that as firmly as a sheriff may conclude that a law is wrong, he cannot judge its constitutionality, the courts’ role.

What do the two candidates believe? Candidate Horch is firm on this point. “I am not the sole authority of declaring a law unconstitutional or not. Whether I agree or disagree with the intent … should have no influence on whether I enforce a law, as sheriff” (Columbian, “Sheriff Candidates Ideas Differ,” July 24).”

Reynolds’ stance inclines toward a risky approach. “As the sheriff of Clark County, there are decisions that have to be made about whether we will enforce or not enforce an unconstitutional – in my opinion – law, or an unjust law which I consider (Initiative) 1639” (limiting possession of and background checks for semiautomatic rifles). Reynolds’ campaign materials promise that he “will enforce the laws voted on by the citizens” and that “If I’m elected and we face similar circumstances during my term, I vow to not enforce any unconstitutional law.”

It is late in the campaign for Reynolds to clarify this essential point. When elected officials venture onto this slippery slope, the resulting confusion may create more noncompliance. As an example, so-called sanctuary cities, where local officials proclaim that immigration laws will be ignored, promote illegal entry across our borders. On our southern border, lack of enforcement has left a governance void into which vicious international cartels have stepped.

Today’s “constitutional sheriff” movement, toward which Reynolds appears to be leaning, originated a decade ago by passionate believers in Arizona. It contends that the county and not the state or federal government should control all land within its borders and that the county sheriff is therefore the ultimate law enforcement authority. Such a stance guarantees controversy and distraction.

The new sheriff will have a challenging job: supervising 400-plus employees and a large budget, solving the department’s staffing crisis, helping to guide the jail remodeling/construction effort, lobbying legislators for essential revisions to public safety laws, and communicating consistently with the community.

Adding to the sheriff’s monumental portfolio the distractions and inevitable controversies of choosing which laws are unconstitutional would place public safety at greater risk.