"The “constitutional sheriffs” movement contends 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.”1 Self-proclaimed “constitutional sheriffs” claim to derive this supreme authority from historical practice as well as the oath they swear to the Constitution (even though an oath pledging to uphold the Constitution is standard for many public officials and government employees). Thus, “constitutional sheriffs” assert that they have the power to determine the constitutionality of the laws they are entrusted with enforcing, and to refuse to enforce any law that they believe is unconstitutional. Although only a small fraction of the nation’s sheriffs is part of the movement, in recent years, “constitutional sheriffs” have refused to enforce a host of public safety laws, from COVID-19-related mask mandates to state and federal gun laws and have affirmatively sought to frustrate federal land management and other government programs.2
Over the past several years, the movement has turned to promoting unsubstantiated claims that the 2020 election was rigged or stolen. Following the 2020 election, the Texas-based organization True the Vote, which advanced disproven claims of significant election fraud, launched a partnership with coalitions of constitutional sheriffs to investigate supposed election irregularities—a role far outside the traditional scope of most county sheriffs’ duties.3
One group that announced a partnership with True the Vote was the Constitutional Sheriffs and Peace Officers Association (CSPOA), an organization that subscribes to the view that sheriffs are the supreme power in their counties.4 In the years since the 2020 election, these groups have called on sheriffs to investigate disproven claims of fraud tied to the 2020 election and to insert themselves into election administration going forward.
These efforts run contrary to core constitutional principles and the statutory authority of sheriffs as laid out in state law.".....
https://statesunited.org/resources/factsheet-constitutional-sheriff/
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