From a relative who has Studied this stuff much more than I have
---------------------------------------------------------------------------------------------------------
First the
sheriff is a constitutiional common law office and jurisdiction remains
from the original english office. I will give you a quick url to look at.
http://www.hcky.org/hcso/History/origin_of_sheriff.htmThe second and more important issue is the state constitution allows only
for the office of sheriff,
DNR,WDFW and other agencies are not
constitutional offices but are basically under the executive branch which
has no constitutional LE authority, not that the government considers
itself restricted by the const.
SECTION 1 POLITICAL POWER. All political power is inherent in the people,
and governments derive their just powers from the consent of the governed,
and are established to protect and maintain individual rights.
SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States
is the supreme law of the land.
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear
arms in defense of himself, or the state, shall not be impaired, but
nothing in this section shall be construed as authorizing individuals or
corporations to organize, maintain or employ an armed body of men.
SECTION 32 FUNDAMENTAL PRINCIPLES. A frequent recurrence to fundamental
principles is essential to the security of individual right and the
perpetuity of free government
SECTION 5 COUNTY GOVERNMENT. The legislature, by general and uniform laws,
shall provide for the election in the several counties of boards of county
commissioners, sheriffs, county clerks, treasurers, prosecuting attorneys
and other county, township or precinct and district officers, as public
convenience may require, and shall prescribe their duties, and fix their
terms of office: Provided, That the legislature may, by general laws,
classify the counties by population and provide for the election in
certain classes of counties certain officers who shall exercise the powers
and perform the duties of two or more officers. It shall regulate the
compensation of all such officers, in proportion to their duties, and for
that purpose may classify the counties by population: Provided, That it
may delegate to the legislative authority of the counties the right to
prescribe the salaries of its own members and the salaries of other county
officers. And it shall provide for the strict accountability of such
officers for all fees which may be collected by them and for all public
moneys which may be paid to them, or officially come into their
possession. [AMENDMENT 57, part, 1971 Senate Joint Resolution No. 38,
part, p 1829. Approved November, 1972.]
Amendment 12 (1924) -- Art. 11 Section 5 COUNTY GOVERNMENT -- The
legislature, by general and uniform laws, shall provide for the election
in the several counties of boards of county commissioners, sheriffs,
county clerks, treasurers, prosecuting attorneys and other county,
township or precinct and district officers, as public convenience may
require, and shall prescribe their duties, and fix their terms of
You will notice the office of sheriff is a elective office. You will also
note that sec 24 definatively states that no corporation may maintain or
employ an armed body of men, gee all cities and the state are actually
corporations. Nevertheless you will not see any LE authority listed in
the duties of the executive branch. There was am reason at common law the
office of sheriff was a distinct office with it's own authority.