Updated on January 15, 2021 — Watch: BOCC makes Logan County a Constitutional Rights Sanctuary County
The Logan County Board of County Commissioners (BOCC) will discuss and consider taking action on a resolution to establish Logan County as a Constitutional Sanctuary for county residents.
The agenda item is expected to be heard at the next BOCC meeting scheduled for Friday inside the Courthouse Annex at 9 a.m.
The agenda item reads — Reaffirming that Constitutions are formal agreements between “we the people” providing governments with limited powers, reserving all other individual rights and liberties to the people; and the primary duty of all elected officials is to protect those lives, liberties, and properties of the people against all enemies, both foreign and domestic.
In part, the resolution (complete draft below this article) states that the “Board maintains a strong commitment to all of the rights of the people in the county as stated in the Constitutions … including, but not limited to, the declaration of emergencies, including, but not limited to, the COVID-19 pandemic.”
It says the board “opposes the adoption of laws, ordinances, rules, regulations, restrictions and other governmental documents of legal force that unlawfully infringe upon the rights secured by said Constitutions.”
The resolution refers to the recent Supreme Court case of Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, governor of New York where the Court stated that “even in a pandemic the Constitution cannot be put away and forgotten.”
The rights of said Constitutions stated in the resolution “appear to be the most in jeopardy at this particular time in our country’s history and that no one should construe the absence of a stated right as protected by said Constitution to mean that said right is not vigorously supported and protected by the county and its officials and officers,” according to the resolution.
In Feb. 2020, the BOCC voted unanimously (3-0) and joined Sheriff Damon Devereaux in declaring Logan County a 2nd Amendment Sanctuary County, which led to several other counties to follow suit. Related article: Sheriff declares Logan County a Sanctuary County for 2nd Amendment; State Rep. calls it a “political stunt”
The BOCC meeting will be streamed live on Guthrie News Page’s Facebook page.
PROPOSED RESOLUTION DRAFT
STATE OF OKLAHOMA BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LOGAN COUNTY OKLAHOMA, A RESOLUTION SUPPORTING THE PROTECTION OF RIGHTS UNDER THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF OKLAHOMA RESOLUTION NO. _________
WHEREAS, the Board of County Commissioners (“Board”) of Logan County, Oklahoma (“County”), is the executive body of County government pursuant to the provisions of OC XVII-1 and OC XVII-2.
WHEREAS, each member of the Board is required to take an oath of office prior to the assumption of duties as a County Commissioner of the County.
WHEREAS, the oath of office requires each member of the Board to swear to support the Constitution of the United States and the Constitution of the State of Oklahoma and to faithfully, impartially and diligently discharge the duties of the office of County Commissioner for the County, according to law.
WHEREAS, the Board maintains a strong commitment to all of the rights of the people in the County as stated in the Constitution of the United States and the Constitution of the State of Oklahoma, including, but not limited to, the provisions of said Constitutions that are stated below and that are applicable at all times, including, but not limited to, the declaration of emergencies, including, but not limited to, the Covid-19 pandemic.
WHEREAS, the Board opposes the adoption of laws, ordinances, rules, regulations, restrictions, and other governmental documents of legal force that unlawfully infringe upon the rights secured by said Constitutions. WHEREAS, in the recent case of ROMAN CATHOLIC DIOCESE OF BROOKLYN, NEW YORK v. ANDREW M. CUOMO, GOVERNOR OF NEW YORK, 592 U.S. (2020), the Supreme Court of the United States stated that “even in a pandemic the Constitution cannot be put away and forgotten.”
WHEREAS, the rights of said Constitutions stated below appear to be the most in jeopardy at this particular time in our country’s history and that no one should construe the absence of a stated right as protected by said Constitutions to mean that said right is not vigorously supported and protected by the County and its officials and officers.
WHEREAS, the First, Second, Fourth, and Tenth Amendments of the Constitution of the United States state the following: Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment II. A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. Amendment IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
WHEREAS, Sections I-1, I-2, II-1, II-2, II-7, II-22, II-26, II-30, II-33, and II-37 of the Constitution of the State of Oklahoma state the following:
I-1. The State of Oklahoma is an inseparable part of the Federal Union, and the Constitution of the United States is the supreme law of the land.
I-2. Perfect toleration of religious sentiment shall be secured, and no inhabitant of the State shall ever be molested in person or property on account of his or her mode of religious worship; II-1. All political power is inherent in the people; and government is instituted for their protection, security, and benefit, and to promote their general welfare;
II-2. All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry.
II-7. No person shall be deprived of life, liberty, or property, without due process of law.
II-22. Every person may freely speak, write, or publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
II-26. The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; II-30. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches or seizures shall not be violated;
II-33. The enumeration in this Constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people. II-37. To preserve the freedom of Oklahomans to provide for their health care: A law or rule shall not compel, directly or indirectly, any person, employer or health care provider to participate in any health care system; NOW, THEREFORE, THE FOLLOWING IS HEREBY RESOLVED BY THE BOARD: The Board and County do hereby commit to stand and defend at all times, whether during a state of emergency or otherwise, the rights and liberties of the persons in Logan County as guaranteed by the Constitution of the United States and the Constitution of the State of Oklahoma. Logan County is hereby declared to be a “Constitutional Rights Sanctuary County.” In addition, we enjoin all Municipalities, Cities, and Townships, State agencies & departments, and all local government officials operating within the geographic boundaries of Logan County to uphold their oaths and take due care at all times, whether during a state of emergency or otherwise, not to infringe upon the rights and liberties of the persons and individuals in Logan County as provided for in the Constitution of the United States and the Constitution of the State of Oklahoma; review, and change if necessary, any of their ordinances, rules, regulations, orders, policies, practices, and all governmental documents of legal force for conformity to said Constitutions; and, adopt affirmative resolutions, proclamations, or commitments similar to this Resolution so stating that their primary reason for being is the protection of the rights and liberties of the persons and individuals residing in Logan County. So passed and adopted by the Board of Commissioners of Logan County, Oklahoma, this 15th day of January 2021. ATTEST: BOARD OF COMMISSIONERS, LOGAN COUNTY, OKLAHOMA
________________________ Chairman
_________________________Vice Chairman
_________________________Member
A PROCLAMATION SUPPORTING THE PROTECTION OF RIGHTS UNDER THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF OKLAHOMA
WHEREAS, the Sheriff of Logan County (“Sheriff”) supports the above Resolution No. _________ adopted by the Board of County Commissioners of Logan County, Oklahoma, on this day of January 15th, 2021 (“Resolution”).
WHEREAS, the Sheriff does hereby adopt and incorporate the “WHEREAS” recitals of the Resolution, except the first six recitals that are specific to the Board of Commissioners, as part of this Proclamation.
WHEREAS, the Sheriff has taken an oath of office to support the Constitution of the United States and the Constitution of the State of Oklahoma and to faithfully, impartially and diligently discharge the duties of the office of Sheriff for the County, according to law.
WHEREAS, the Sheriff maintains a strong commitment to all of the rights of the people in the County as stated in the Constitution of the United States and the Constitution of the State of Oklahoma, including, but not limited to, the provisions of said Constitutions that are stated in the Resolution and that are applicable at all times, including, but not limited to, the declaration of emergencies, including, but not limited to, the Covid-19 pandemic.
NOW, THEREFORE, THE FOLLOWING IS PROCLAIMED BY THE SHERIFF: The Sheriff does hereby support the declaration of Logan County as a “Constitutional Rights Sanctuary County.” The Sheriff does hereby commit to stand and defend at all times, whether during a state of emergency or otherwise, the rights and liberties of the persons and individuals in Logan County as guaranteed by the Constitution of the United States and the Constitution of the State of Oklahoma. So proclaimed by the Logan County Sheriff’s Office this day of January 15th, 2021.
_______________________
Damon Devereaux, Logan County Sheriff
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