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August 7, 2024 26 mins
Today, the Two Mikes spoke with Sheriff Richard Mack, who was a constitutional sheriff in Graham
County in southwestern Arizona. He also is the founder and the president of an association named the
Constitutional Sheriffs and Peace Officers Association (CSPOA, https://cspoa.org) which is holding its
annual conference in Orlando, Florida on 7 September 2024. The CSPOA’s membership includes about a
thousand of the republic’s constitutional sheriffs – one-third of the country’s total number -- many of
their subordinates, and it is open for membership to all American citizens interested in its non-violent
effort to restore constitutional government to all of the United States, with a special emphasis on fully
restoring the Bill of Rights. Sheriff Mack noted that the constitutional sheriffs swear an oath of
allegiance to the U.S. Constitution and so can act in protection of life, liberty, and the pursuit of
happiness – the latter refers to the accumulation of personal property – and, for example, can block gun
seizures, protect churches and businesses from mandated closings, as in the case of Covid, and prevent
the outrageous denials of liberty we have seen against Amish farmers in Pennsylvania and other farmers
around the country. In essence, Sheriff Mack said, the maintenance of the peoples’ liberty is the
constitutional sheriffs’ sole responsibility. It also should be noted that Sheriff Mack managed to achieve
the almost impossible when he launched a personal law suit that made its way to the Supreme Court –
and he won! In the case of Mack-Vs-United States (1995), Mack challenged the legality of “The Brady
Handgun Violence Prevention Act (Brady Bill) required ‘local chief law enforcement officers. (CLEOs) to
perform background-checks on prospective handgun purchasers, until such time as the Attorney
General establishes a federal system for this purpose.”(1)
--the Supreme Court constructed its opinion on the old principle that state legislatures are not
subject to federal direction. The Court explained that while Congress may require the federal
government to regulate commerce directly, in this case by performing background-checks on
applicants for handgun ownership, the Necessary and Proper Clause does not empower it to
compel state CLEOs to fulfill its federal tasks for it - even temporarily. (2)
Sheriff Mack’s argument not only won the case, but, in its decision, the Supreme Court also stuck a blow
in favor of state’s rights by reasserting the constitutional fact that state legislatures are not vassals of
the federal government. Indeed, the Founders intended the states to be a check and balance against the
steady expansion of federal power. That undesirable and Constitution-wrecking expansion is now a fact
and it appears that constitutional law enforcement officers may well be our last, best chance to prevent
the federal government from solidifying itself as a vast concentration of dictatorial power.
The text of the majority decision – written by Justice Antonin Scalia -- in Mack-vs-United States (1995) is
available in a pamphlet at https://www.cspoa.com, as well as elsewhere on the internet.

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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:02):
Hey, welcome back to two Mics. You're run with Colonel
Mike and doctor Michael Shore. You don't forget go to
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(00:25):
the comments, we appreciate the suggestions, and we want to
thank everybody for listening. Thanks for being a listener, and subscribe.

Speaker 2 (01:03):
By four three two one, Hey, welcome back your own
with two Mike's, Doctor Michael Schouyer and Colonel Mike. Today,
before we get to today's guest, very Special, we've been
waiting to get him on, and you know, our producer
has been on vacation and everybody's been running around for
the month, so it's kind of hard to schedule these guests,
but we're happy to get them on before the end
of the month.

Speaker 3 (01:22):
Don't forget to go to two mikes dot us. Two
mikes dot us. We have some new information up there
and we have a few affiliate and sponsors, so please
visit them. And that's what makes this thing go around.
So it's Twomike's dot us and you'll find Mike's stuff
down there.

Speaker 2 (01:39):
And Michael put up a blog soon hopefully on his site,
which is nonphen non Intervention, non hyphen Intervention two number
two dot com. All right, let's introduce him. He's on
the screen, Sheriff mac Richard Mack. Welcome to too, Mike's
first time. Thank you, sir for coming to board and
give us a little bit of your background, what you're
doing and why you doing it.

Speaker 4 (02:01):
Okay, well, thank you. It's a pleasure to be with you.
It's a pleasure to meet you. Thanks for having me.
My whole life has been dedicated to defending the constitution.
My favorite job that I ever had. I spent twenty
years in law enforcement. Eight of those years was the
sheriff of Graham County, Arizona, and that is where I

(02:23):
grew up. The county seat is Safford, Safford, Arizona in
southeast Arizona, and my father, incidentally, was an FBI agent
there for a long time. And now he would be
turning over in his grave to see the corruption of
the FBI and how they've been militarized and have become

(02:45):
a political hit squad for the president or certain party.
It's become where we cannot trust any federal bureaucracy anymore,
especially the IRS and the FBI. My whole deal is
that we all in law enforcement, and in all three
branches of government, the judges, the legislators, and the police,

(03:10):
all took oaths required by the Supreme Law of the
Land and Article six that we all swear notes of
allegiance to the Constitution. And when I was first in
law enforcement, I never really saw anyone adhering to the Constitution,
keeping their oath, putting the Constitution first. And in America,

(03:31):
the reason we have three separate branches of government, all
three have the same assignment to enforce and obey the
United States Constitution and the Decoration of Independence even makes
very clear the purpose of all government, and that is
that to secure these rights. Governments are instituted among men.

(03:53):
And so I really believed two parts of that with
all my heart, and that is that life, liberty, and
the pursuon of happiness are the sole responsibility. Are all
governments to protect liberty, to protect life, and to protect
my right to own property or my pursuit of happiness.

(04:15):
What the federal government has completely destroyed is protecting life.
And they really don't care about liberty unless you're doing
what you're told or obeying all the bureaucracies in Washington,
d c. And the pursuit of happiness. My ownership of property,
the one they destroyed the most is that I own

(04:36):
the fruit of my neighbor. That does not belong to
the I rs. It does not belong to my neighbors.
If I am charitable, it is my choice, not the
government's choice of pointing a gun at me and say
you're going to jail if you don't pay taxes to
all these entitlements and welfare programs. I am a very

(04:56):
kind and generous person, but that's not charity. Government forces
you to be chairit of her that's tyranny. And so
in nineteen ninety four, I became the first sheriff in
American history. And that's irrefutable. No, this has never happened
before or since that a sheriff launched a major lawsuit

(05:17):
against the federal government. And this was the Clinton administration.
One of the biggest miracles here is that one my
wife agreed with me suing the federal government, and I
never thought she would, but she did, and it was
really her decision. She made it. And that's the reason
we went to the Supreme Court was because of my wife,

(05:39):
but it was because of the abuse of the federal
government that I said, I can't take this anymore. I'm
not going along, and so I literally sued the Clintons,
took it all the way to the Supreme Court and won.
And how's that for a miracle? I sued the Clintons
and lived to tell about it. And so I've got

(06:00):
to show you this.

Speaker 2 (06:02):
Did you get any compensation, Sheriff Matt, Did you get
fund compensation?

Speaker 4 (06:09):
We won? And what was the big victory is this
little booklet and this fits in your pocket. And this
is a highlighted version. You can see the name of
it there. Victory for State sovereignty or Supreme Court case
for the State Sovereignty. And every American should have this
in your pocket because this is the most powerful Tenth

(06:29):
Amendment decision in the history of our country. And this Scalia,
Justice Scalia wrote the decision. And this is so powerful.
I never dreamed or imagined that this decision that we
would win, and that the decision would be this far,
far reaching, and he quotes, I got to tell you

(06:50):
this one quote. He quotes the New York case, New
York v. Us. When New York State sued the federal
government and said, uh, we're not taking your waste. They
wanted to store nuclear waste in New York State, and
the government governor and everybody said, no way, you can't
force that on us. That's your problem, not ours. And

(07:11):
New York took the federal government to court and they won.
And this is what Scalia said in quoting that case.
This is again, this is from New York v. Us,
but it's in my case as well. We have held, however,
that state legislatures are not subject to federal direction. Well

(07:35):
that says a lot right there. That says a lot.
But then he gives the purpose. And Scalia just takes
us through a history lesson here and he quotes the
Federalist papers. He quotes the Founding Fathers and the Constitution,
and he says this in Federalists fifty one. Now, this
is amazing. He's actually quoting the Founding Fathers and the

(07:56):
Federalist papers. At this point Federalist fifty one, he says,
when the federal government is obeying the checks and balances,
and the states are implementing the checks and balances as
required in the Constitution, and the states exercise their proper authority.
He says this quote. Hence a double security arises to

(08:21):
the rights of the people. Why quoting again, the different
governments will control each other. And see, that's exactly what
that's exactly what we propose. This is what we promote
that every sheriff being a different government, his ultimate responsibility,

(08:42):
responsibility is to protect the rights, the civil rights, the
god given rights of the people in his county. And
if the federal government comes in and violates the rights
of the people, or if they pass legislation that violates
the Second Amendment, and they want to come in and
go door to door confiscation, eating guns, the sheriff has
a responsibility to stop that. And he can form a posse,

(09:05):
and he can get his deputies, and he can erect
the barriers, as Madison put it, erect the barriers against
the encroachments of the national authority. Because liberty comes first
in America. There's nothing, there's nothing that I have as
a sheriff or anyone else in government that has a
higher responsibility than protecting individual liberty and civil rights. And

(09:30):
my question is today, besides my organization, the CSPOA, the
Constitutional Sheriffs and Peace Officers Association, tell me who now
is actually standing inviting to protect civil rights and promote
civil rights. It's not the NAACP because they're just a
branch of the Democrat Party. So we believe in this,

(09:55):
and we totally believe that all men are created equal
and that liberty is for every single person in this country,
irregardless of race, color, creed, or nationality. There are no
exemptions to liberty. And this is what we support. And

(10:15):
I even tell the story of Rosa Parks because and
this is in my presentation, and this is a powerful comparison. Here.
Rosa Parks was arrested on December first, nineteen fifty five
for not giving her seat to a white man, and
two officers who have sworn to pold and defend the
constitution arrested her, took her to jail, fingerprinted her, photographed her,

(10:38):
and booked her into a cell. Do you know what
the charge was? There was no statute anywhere that said
a black person has to give their seat to a
white man. That was a stupid cultural norm that was
enforced by law enforcement, and so she was actually charged
with disorderly conduct. Wow, can you imagine we do the

(11:00):
same thing today, but now we're after We go after
Catholics and Christians and Amish farmers. You know that the
federal government and some state governments are destroying the farms
of the Amish because they refuse and this is a
religious thing they've done for two hundred years here in
this country. They don't pasteurize their milk. They you know,

(11:22):
they do not use technology. And obviously that hasn't gone
two hundred years because the electricity hasn't been there that long.
But this is still their their choice of how they
practice their religion.

Speaker 2 (11:34):
Yeah, nobody's work sheriff neck, nobody's walking around retarded from
drinking that milk either.

Speaker 4 (11:40):
No, they've hurt no one. But the thing of it is,
they could settle that real easy. Just like with cigarettes.
They put a warning on the cigarettes, put a warning
on these products, put a sign in front of their
yard saying that these in their farm, These products have
not been approved by the FDA or by USDA or
or FDA, and use your own risk. They do it

(12:04):
for cigarettes, but they won't do it for ice cream.
They won't do it for butter. And I've used these
products and I love those products. And I've been on
Amish farms and I've had Amish women make me lunch,
and I love these people. I'm not Amish, but I
will defend their right to exist and exercise their religious
beliefs however they want. And our government doesn't believe that anymore.

(12:27):
And they've actually put some of these people, good honest,
law abiding citizens, Amish farmers, they've actually put them in prison.

Speaker 2 (12:37):
Totally ridiculous. I don't We have a huge amount of
them in our area anywhere from Pennsylvania, Ohio, Maryland, Virginia,
West Viminia.

Speaker 4 (12:45):
The one right now that's getting the worst is in Pennsylvania.
His name is Amos Miller, Lancaster County.

Speaker 2 (12:53):
And Lancaster if you go to Lancaster is like Amish village.
Everything is.

Speaker 4 (13:00):
Yeah. And I've even talked to the sheriff there and
he won't do anything about it because he said the
federal government has supremacy, you know, and everybody. Why are
people believing that? And my case makes it very clear
that the states share the supremacy within their proper jurisdictions,
it calls it in the case, it calls it within

(13:20):
their proper sphere of authority. Well, the federal government doesn't
have the authority to do this, but they keep stealing
and usurping authority that is not constitutionally allowed. And that's
where the states have failed. And that's where we have
got to get going. To get our constitution back, to
get our individual liberty back, the states must act. And

(13:41):
the ultimate authority in every county is the sheriff. And
we've got to do this, and do it now. One
other comparison during COVID mandates, which we all know now
statistically and scientifically, was a complete bogus hoax that mass
are going to protect you and that these vaccines will
protect you. Obviously they didn't protect Biden, who kept saying

(14:05):
they would protect you. He lied about that. He was
just pushing an agenda because he just got COVID and
he had all the vaccinations so he said, and I'm
not even sure he had COVID recently. But the thing
of it is, we cannot trust people in government. We
cannot trust Washington, d C. And the greatest threat to

(14:26):
our god given constitutional American liberty is our own federal
government and we've got to do something to take this back.
And at the CSPOA we have a peaceful and effective
solution and this goes through the sheriffs, but we the
people have got to be involved in this. We cannot
be passive or ignorant and still think that we're going

(14:48):
to be free. This is I want to reiterate, this
is not violence. It's not grabbing your guns and getting going.
This is standing with the sheriff as he interposes and
intervenes on our behalf. And we have plenty of evidence
that this has happened. Let me tell you this quick story.

(15:08):
Sheriff Cronister in Tampa, Florida arrested Pastor Rodney Howard Brown,
who has a mega church there. I've been there, I've
met him. He's a wonderful man. I love him. He's
a great pastor. I don't belong to his church either,
but I love him and the Amish and because he
would not shut his church down and so they came

(15:30):
and arrested him. Well, on the other hand, we have
the tale of two sheriffs. We have Sheriff Glenn Hamilton
in Siver County, New Mexico, who now has just retired recently,
and pastor Caleb Cooper went to him, went to a
sheriff and said, I'm not closing my church. This is

(15:50):
an essential part of our community and part of our life.
And the government doesn't run my church. Jesus Christ does.
And I want you to know. I want to know
from you, Sheriff, what are you going to do to
protect me and to keep my church open? And this
is amazing. Sheriff Hamilton told him, if I have to

(16:12):
go to jail myself, I will do everything in my
power to keep you open. And so the state cave
to shut him down, and Sheriff Hamilton told him that
he deputized every person inside that church and that this
is a Sheriff's office official meeting and this church is

(16:33):
now under his authority and this church is not going
to be shut down. Nice and the state officers left
and they never came back, and Caleb Cooper kept his
church open every single Sunday. He did shut down one Sunday.

Speaker 2 (16:50):
Sheriff Mac do you think the reason some of these
sheriffs go along with this federal stuff is because of
the federal subsidies that are given to the states exactly.

Speaker 4 (16:59):
It is money, money, money. But you see the thing
of this is so stupid about that mic is that
the federal government comes in and takes money, steals money
from the states and from its citizens, and then takes
it back to Washington and builds all these huge buildings
that hires a bunch of people, and then sends back

(17:19):
three or four maybe five percent of that money. If
you do what you're told, and we'll give you these grants,
if you do what we say, and there's always strings attached.
If the states would stop sending that money and allowing
the federal government to come in and take their money,
that state would be the richest state in the Union.

(17:41):
And you run your own affairs, because each state is
supposed to run their own affairs. Each state is a
separate government, and we are not subservient to this out
of control federal government, who never was in fact, historically speaking,
who formed the federal government. It was the state. The
states said, we got to be very careful that we

(18:04):
don't create another monster like we just got rid of
in George the third. So let's make sure that we
develop a constitution that will not allow them to go
outside their lawful perimeters. And do you know that the
federal government only has delegated to them by the states,

(18:24):
not even forty powers. They are discreet and enumerated powers.
As Scalia said in this decision, folks, you've got to
have this in your pocket. You need to give these
to local officials so that they know the truth about
federalism and the division of powers and the separation of powers,
and that the states are the ultimate authority in this

(18:46):
country except for we the people. The first three words
of our constitution, we the people, We are in charge.
And yet now we don't even know if we have
had our stewardship stole that we elect our representatives. And
most governments in this country get all pissed off if

(19:07):
you tell him we want to establish some safeguards so
that we know that our votes are really being counted
and not disappearing in cyberspace somewhere. Oh yes, yes, So
sheriffs need to be involved in that. And we've had
some sheriffs make arrest for election fraud in this country.
Even in San Juan County, California, they arrested a local

(19:27):
city councilman. And you can look this up. It's all documented.
You can look at San Juan County sheriff arrested a
city councilman for harvesting. It showed that seventy five people
voted from his home address. Seventy five people voted from
his own address. So yeah, there's been crimes. And of
course CNN is going to lie and say there's no

(19:50):
evidence of voter fraud. Well, yes there is, but we
even if there was, even if there wasn't evidence of
proto fraud, we still have a responsibility to make sure
that our elections are safe and secure and fair. And
there's nobody really doing that except for True the Vote
and CSPOA.

Speaker 2 (20:10):
Sir, how do they get these flyers or brochures? Do
they go to the website?

Speaker 4 (20:15):
Yes, go to CSPOA dot org. And folks, this is serious.
I'm going to say it's slower c s as in
Sam POA, p as in Paul, Constitutional Sheriffs Peace Officers Association,
and every citizen, Mike, both of you, Mike's, all your
family members, everybody can become a member of the CSPOA posse.

(20:40):
So it's not just for sheriffs, it's for the citizens.
We have a close knit relationship between our sheriffs and
the citizens. He works for you. As a matter of fact,
do you know this, The sheriff has no other supervisor,
He has no other boss except for the people of
his county. Yeah, it's a very unique it's a very

(21:01):
unique situation.

Speaker 2 (21:03):
So in other words, he doesn't even have to answer
to the city council, mayor. He's just by the people.

Speaker 4 (21:09):
That's correct. It's actually the county commission or the county manager.
He works for the county. He's elected by the county.
And but yeah, some sheriffs actually provide the police service
for some of the cities as well, so then yes,
what you said is correct. He might have a contract
with them to provide police services, but he's they're not

(21:30):
his boss, and the city and the county commissioners are
not his boss. The county attorney is not his boss.
The people of the county are his boss, and they
every four years they review his job assignment to see
if they want to keep him. It's it's the power
of the people here.

Speaker 2 (21:46):
Excellent, Oh, Sheriff Mac is a great education. We want
to thank you for coming on today.

Speaker 4 (21:50):
Mike.

Speaker 2 (21:50):
You ask some question. I just was enthralled listening to it.
Is your Association growing, Sir, growing.

Speaker 4 (21:57):
Yes, it is especially uh during the last four or
five years. The more abuse that we see from government,
the more calls and more members we get. And I'm
doing presentations all over the country. We're having a big,
huge conference in Orlando on September seventh. We're raising funds

(22:19):
for that. Folks. If you want a Sheriff Hamilton in
your community, join us and help fund us. Becoming a
member of our polse right now, there's a special it's
on our website. It's only seventy six dollars for a
one year membership usually is ninety nine dollars. You can
do the eleven dollars a month. And if you don't

(22:39):
like what we're doing, quit, You can quit any time.
There's no contract, there's no nobody's going to make you
sign on a dotted line or whatever. But if you
want to be part of the solution, if you want
to join us and join with your sheriff in taking
back America county by county, that's the only solution we
have left for folks that is actually peaceful and effective.

(23:01):
There's no solution in Washington, d C. Yes, I hope
Trump wins, but history has taught us they're never going
to leave him alone. They've done everything to him.

Speaker 2 (23:12):
They tried to kill him.

Speaker 4 (23:14):
They've they've tried to bankrupt him, they've tried to put
him in jail, they've tried to take his name off
the ballot. This was the only thing left. And I
even warned everybody on all the shows I do the
only thing they have left to do to him is
to kill him. They've done, they've tried everything else.

Speaker 2 (23:32):
This is Bolshevism, Sheriff mac, this is a Bolshevik revolution. So, yeah,
this is really great news. Have you been in touch
with the Constitution Party up in Pennsylvania.

Speaker 4 (23:42):
All the time, Yeah, of course, great. Yeah, And and
and we're open to anybody. I mean, we've even had
some democratic sheriffs come to our conferences and join us.
You know, a sheriff Delbosc on the border in Texas.
He he was getting so disenchanted with the federal government

(24:03):
and the problems that they've caused. Our government has caused
these huge disasters by having the open border, and this
could democratic sheriff. It is sick and tired of it.
And there's others too that are sick and tired of it.
And so all of that has created are that we're
really busy and that we're getting more members and we're

(24:25):
getting more traction. But we need we need thousands of
more people joining us, and we need hundreds of more
sheriffs getting on board. And this is why we're having
this big conference in Orlando, and folks, we're getting the
sheriffs and we want to pay their travel and their
hotel and their food and send them home with a

(24:47):
little honorarium. That's that's gonna really cost a lot of money,
and we need to raise at least we need to
raise at least a million a million and a half dollars.
And look, we're just funded by the people. We have
no we have no big benefactors, we have no that's
the only way we stay in business. But folks, this

(25:08):
has lasted over over over thirteen years, and we're not
given up. We're not quitting. My wife and I have
dedicated our lives to this. We have other people that
volunteer and work for work with us, and we're just
asking you now to do one thing. Go to our website,
order these books. I have other books. I have another

(25:28):
book called The County Sheriff America's last hope. And we're
just asking all of you now to be part of this.
We cannot take America back without you. We train you
as a part of our posse to create a posse
with your sheriff in your county and community. We can
do this and and folks do not forget. This is

(25:50):
a peaceful and effective process and we have proof, just
like with Sheriff Hamilton, we have proof that it works.
We have more sheriffs. We have lots of sheriffs that
it's up to the federal government, to the FBI, to
the I r S, to the f d A, to
the EPA, and it works.

Speaker 2 (26:07):
Thank you sir so much. This is great news. Hey,
let me ask you, is Sheriff Jenkins still in Culpeper?
Are you in touch with Jenkins? Yes, of course, Yeah,
he's a great sheriff too.

Speaker 4 (26:20):
Good man.

Speaker 2 (26:21):
Yeah, I've met him a couple of times over the years.
And really good man. And hopefully this show will go
out to all our listeners around the globe, but especially
in America, and you can join this organization which will
help us and.

Speaker 4 (26:35):
No matter where you're from.

Speaker 2 (26:36):
Oh okay, fine, that's fine. We may have American expats,
sheriff back, come back and visit us soon.

Speaker 4 (26:42):
Huh. Thank you so much, Thank you, brother, appreciate you.

Speaker 1 (26:45):
Thank you.
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