'Constitutional County': Lyon to vote on support of group that believes local sheriffs should interpret constitution

An agenda item on the upcoming Lyon County Commission meeting states an intention to proclaim that Lyon County operates as a “Constitutional County” and “proudly supports the Sheriff as being a member of the Constitutional Sheriffs and Police Officers Association,” a group that believes that local sheriffs should have the final determination on what laws are constitutional.

What exactly a "Constitutional County" is defined as, however, is not included in the agenda, or the proclamation. In the United States, there are two types of constitutions: the U.S. Constitution, which governs at the Federal Level, and individual State Constitutions, such as the Nevada State Constitution, which governs at the state level.

The Proclamation can be viewed here.

The proclamation itself reiterates rights granted by the U.S. Constitution, and the county's support of those rights. It also states that, "No agency established by the U.S. Congress or the State of Nevada can develop its own policies or regulations which supersede the Constitution and the Bill of Rights, nor does the executive branch have the power to make or overturn law."

The idea of a Constitutional County seems to be linked with the Constitutional Sheriffs and Police Officers Association (CSPOA) which was founded in 2011 by Richard Mack, a former county sheriff from Arizona who is also a member of the Oath Keepers Militia.

According to the CSPOA website, the association believes that county sheriffs should have the last determination on what laws should be considered constitutional, regardless of state or federal law. In the U.S., the interpretation of laws being deemed unconstitutional is the job of the U.S. Supreme Court.

"In addition to upholding the law, the sheriff is also charged with upholding the supreme law, the Constitution," the website states. "The 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. The vertical separation of powers in the Constitution makes it clear that the power of the sheriff even supersedes the powers of the President. Furthermore, it is this responsibility that grants a Sheriff the Constitutional authority to check and balance all levels of government within the jurisdiction of the County."

In a document entitled “The Stance of a Constitutional Sheriff, 2021” on CSPOA’s website, citizens are encouraged to bring the declaration to their local sheriff.

The document further states that any sheriff who joins CSPOA “will arrest, detain and recommend prosecution” for any government official or individual acting on a government mandate that the sheriff determines to be unconstitutional, or uses their position or office to “influence any private (non-governmental) person or corporation to act in such a away as to coerce any person or entity to comply with unconstitutional orders, edicts, mandates, proclamations, directives or regulations,” most likely referring to the previous government mandate that businesses enforce mask wearing inside their locations or face fines.

The document also includes a declaration that when a sheriff takes their oath, they swear obedience to the U.S. Constitution and the Constitution of the state, not “to a mayor or a governor or a health department bureaucrat.”

The document states in part:

When I took my oath of office as Sheriff, I swore obedience and fidelity to the United States Constitution and the Constitution of this State. I did not swear allegiance to a mayor or a governor or a health department bureaucrat.

Fidelity to my oath requires that I abstain from enforcing any edict or order from a Governor, or any executive, which lacks constitutional authority. Moreover, my sworn duty requires that I resist such edicts and orders and act in such a manner as to shelter and protect the citizenry from all acts of lawlessness, even and especially when they originate from civil authorities.


Accordingly, the Office of Sheriff of _____________ County, has and will continue to adopt and execute policies and procedures consistent with the Constitution of the United States and the Constitution of this State. These policies and procedures apply to the Sheriff, all Deputy Sheriffs, all employees of the Office of Sheriff and anyone acting under the authority of the Office of Sheriff and include, but are not limited to the following:
1) This Office will not in any way assist in the enforcement of any order, edict, mandate, proclamation, directive, regulation, etc., that violates the rights of the people to:
a. Move about freely
b. Wear or not wear any medical device they may choose
c. Freely express their religious beliefs, and freely engage in
the practice thereof
d. Freely speak their opinions
e. Assemble
f. Keep and bear arms
g. Lawfully engage in business activities without interference by representatives of any government, or agency or agent thereof, notwithstanding any real or ostensible public health emergency
h. Engage in any other activity protected by the Constitution of the United States or by the Constitution of this State.

2) This Office will not assist in the enforcement of any civil action or any criminal charge against any person for trespass which is based on that person’s failure to comply with unconstitutional mandates or orders.

3) This Office will arrest, detain, and recommend prosecution of any government official or agent thereof who knowingly and deliberately violates the rights of the people under the pretended authority of an unconstitutional order, edict, mandate, proclamation, directive, or regulation.

4) This Office will arrest, detain, and recommend prosecution of any government official or agent thereof who uses his or her position or office to influence any private (non-governmental) person or corporation to act in such a way as to coerce any person or entity to comply with unconstitutional orders, edicts, mandates, proclamations, directives or regulations.

5)The Bill of Rights will be strictly enforced within the jurisdictional boundaries of this County.

Agenda item requested
When asked why the county is choosing to associate with a group that believes county sheriffs should have the power to interpret the constitution as opposed to the U.S. Supreme Court, Lyon County Manager Jeff Page stated that the item was requested at the last Board of Commissioner meeting and the purpose of having it on the agenda is to address this issue in a public format and to take public comment on the item.

“There is no decision as to whether the proclamation will be approved until the Board hears testimony and takes action,” said Page. “Citizens are urged to participate and voice their support or concerns." They can do this through public comment when the item is heard, send an email to the Deputy Clerk of the Board (Erin Lopez elopez@lyon-county.org) or send a letter to the Board of Commissioners at 27 South Main Street, Yerington, NV 89447

Some of CSPOA’s beliefs include the statement that immigrants “are not assimilating into our culture as they once did,” and that “the vast majority of immigrants today come here illegally, many committing crimes as they do,” and that the military should use “armed drones” on the southern border against immigrants.

They also state that state governments should have full authority to protect their own borders and to do “whatever they deem necessary” to make up for “lax or non-existent federal enforcement.”

Other statements of belief from CSPOA include an opposition to universal background checks for gun ownership, and an opposition to state and federal asset forfeiture programs from those arrested for criminal activity.

Much of the declarations seem to be born from COVID-19 mask mandates and the decision of state and federal governments to require citizens to wear masks while inside businesses or public facilities.

The CSPOA website includes unproven claims that electronic devices and 5G cause health issues, with a link to purchase stickers which will “protect against 5g harm.”

The website also encourages to join CSPOA as a civilian for membership prices ranging from $50 to $5,000, and an additional membership in the CSPOA “Posse” for $99 a year, as well as the purchase of merchandise and memorabilia.

The Sheriffs of Lander County, Eureka County and Elko made national news following their decision to join forces with CSPOA, which believes that it should be the job of the sheriff’s office to interpret laws as being constitutional or unconstitutional. In the United States, interpretation of laws being deemed unconstitutional is the job of the U.S. Supreme Court.

Last week, a rally was held in Elko celebrating the county becoming part of CSPOA. During the rally, Robert David Steele, a former Marine Corps officer and author spoke to those gathered, stating that current, major threats to America include "traitors, Wall Street criminals, and satanic pedophiles," according to an article by the Elko Daily Free Press.

Elko became the second county in the nation to join the organization as a member last week, following Lander County which joined CSPOA in May. Each county paid the association $2,500 for lifetime membership fees, according to the Elko Daily Free Press.

The Lyon County Commissioners will be voting on the proclamation on Thursday, July 1 at the Lyon County Administrative Complex, located at 27 S. Main Street in Yerington. The meeting will begin at 9 a.m.

To read the agenda, click here.

At the time of publication, Sheriff Frank Hunewill has not responded to a request for comment. The story will be updated with his comments should he respond.