In much of rural America, the sheriff is not simply a law enforcement officer but a political actor with broad policymaking power. Sheriffs, like district attorneys, are elected officials who run for office on local platforms. In almost every jurisdiction, sheriffs run the county jail. In rural places where courts are distant and state capacity is limited, the sheriff operates as the face of local governance. In her recent book The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy, Jessica Pishko traces the office of the sheriff from its origins to its contemporary role in American governance. Jessica Pishko’s work makes manifest that their power is a product of American legal history.
The office originated in Anglo-Saxon England, where sheriffs functioned as local agents of the crown, responsible for tax collection. In the United States, however, that model was reshaped during the early nineteenth century. In the Jacksonian era, the sheriff became an elected official. This move was framed as a democratic improvement on inherited English institutions. Andrew Jackson and his allies sought to expand popular participation in government by multiplying elected offices, imagining the sheriff as a representative of the yeoman farmer and working-class men rather than an arm of elite authority. That historical choice structures the office today, embedding law enforcement authority within electoral politics and helping explain why sheriffs continue to see themselves not only as enforcers of law, but as truest local interpreters.
Control over the county jail is a central source of the sheriff’s authority. As a 2012 blog post, “Rural politics, patronage and (their links to) prisons” identifies, in rural areas, the jail is often one of the largest sources of revenue collection. This reinforces the sheriff's authority and provides strong incentives to expand jail capacity and keep beds filled, especially in rural counties with limited tax bases and alternative sources of public funding.
Credit: "Summit County Sheriff Ford Taurus Interceptor" by Seluryar is licensed under CC BY-SA 2.0.
The county jail also functions as a central site of policymaking. Tasked with operating county jails, the sheriff makes unilateral decisions about booking, detention, intergovernmental contracts, and immigration enforcement. These decisions take on fiscal significance because the sheriff is not merely enforcing criminal law, but managing an enterprise that directly affects the county’s budget. In this way, jail administration transforms the sheriff into a powerful local political actor whose enforcement choices are inseparable from questions of governance.
Recognizing sheriffs as political actors helps explain their increased prominence in national politics. Sheriffs run for office every four years, often in off-cycle elections that depress turnout and insulate incumbents. Many sheriffs campaign on political platforms. Association with the Republican Party is a recent and increasingly prominent phenomenon. As Pishko explains, crime and immigration have become central issues in national conservative politics, making sheriffs attractive allies. Within firmly conservative rural counties, the sheriff has embraced its political dimension.
In interviews and reporting, Pishko documents the rise of the so-called “constitutional sheriff” movement. The movement argues that sheriffs have a special duty to uphold the original Constitution, positioning the sheriff as a bulwark against distant state and federal authority.
The COVID-19 pandemic brought these dynamics to a head. When governors issued mask mandates and business-closure orders, local enforcement frequently fell to sheriffs. Many sheriffs, especially those in rural areas, were reluctant to enforce the orders. Sheriffs deployed the rhetoric of the “constitutional sheriff,” to justify refusing to enforce these orders. Sheriffs framed themselves as originalist interpreters of the Constitution tasked with protecting private property, gun rights, and religious freedom from elite liberal technocrats. The movement drew energy from longstanding rural anti-government traditions, including militia movements and the sovereign-citizen ideology.
The rise of the constitutional sheriff is a symptom of hollowed out state capacity in rural America. Sheriffs may seem local and accountable, but they wield extraordinary power with minimal oversight. In rural America, the sheriff's office is not simply enforcing the law, it is often deciding what the law will be.
No comments:
Post a Comment