U.S. California Sheriff John D'Agostini with his grandmother Adele Monday at the swearing in ceremony. — U.S. California Sheriff John D’Agostini with his grandmother Adele Monday at the swearing in ceremony. Friday, June 21, 2013

Sheriff John D’Agostini is taking the unusual step of pulling the police powers from the federal agency because he says he has received “numerous complaints.” “I take the service that we provide to the citizens of El Dorado County and the visitors to El Dorado County very seriously, and the style and manner of service we provide,” D’Agostini said.

“The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.”

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EL DORADO COUNTY (CBS13) — The El Dorado County Sheriff says he’s not happy with the U.S. Forest Service, so he’s stripping them of their authority by keeping them from enforcing state law within the county.

Sheriff John D’Agostini is taking the unusual step of pulling the police powers from the federal agency because he says he has received “numerous, numerous complaints.”

In a letter obtained by CBS13, the sheriff informs the federal agency that its officers will no longer be able to enforce California state law anywhere in his county.

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“I take the service that we provide to the citizens of El Dorado County and the visitors to El Dorado County very seriously, and the style and manner of service we provide,” D’Agostini said. “The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.”

The sheriff won’t give specifics, but he says he’s concerned about the number of complaints his department’s received against the federal officers.

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We asked law professor John Myers if the sheriff’s actions can supercede the feds.

“Looks to me as though the sheriff can do this,” he said. “They don’t have state powers in the first place, but essentially the sheriff can deputize individuals to have authority in his or her jurisdiction.”

On June 27th, 1997, the sheriffs won; in Printz v. U.S. (521 U.S. 898) the U.S. Supreme Court struck Brady down. Associate Justice Antonin Scalia wrote the ruling for the Court, in which he explained our system of government at length. The justly revered system of checks and balances is the key:

“. . . The great innovation of this design was that ‘our citizens would have two political capacities, one state and one federal, each protected from incursion by the other’” – “a legal system unprecedented in form and design, establishing two orders of government, each with its own direct relationship, its own privity, its own set of mutual rights and obligations to the people who sustain it and are governed by it.” (P. 920)

Scalia quotes President James Madison, “father” of the Constitution: “[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.” The Federalist, No. 39 at 245.

The “supremacy clause” is dealt with in Mack/Printz, in which the U.S. Supreme Court stated once and for all, that the only thing “supreme” is the Constitution itself. Where by the powers, the Sheriff reigns supreme above the president.

Does there remain any governmental Horatius who can stand in the gap; who can lead the Battle for America and restore the Constitution? There is. Lock and load, mount up and prepare for the return of the Sheriff.

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The U.S. Forest Services wouldn’t comment beyond this statement:

“The U.S. Forest Service Law Enforcement has not received this letter yet, but we have valued our partnership and good working relationship with the county over the years.”