Before the Sovereign Citizen Movement came along (see preceding blog), there was an earlier fringe organisation in the US, Posse Comitatus, which mined the same ideological/conspiracy terrain and employed similar disruptive tactics against federal authority. Emerging in the late 1960s, Posse Comitātūs (Latin for “force of the county”), sprouting anti-Semitic hate speech and uncompromising anti-government dogma and railing against federal taxes, appealed to a range of conservative and reactionary fringe groups — including the Tax Protest Movement, 2nd Amendment Absolutists, Christian Identity adherents and other ”white WASPs”, and ’preppers’ or survivalists. The driving impetus for Posse Comitatus anti-came largely from one William Potter Gale who took over the movement from its founder Henry Lamont Beach⁕. Gale, a self-styled minister, preached retributive violence against US public officials who violate the law and the Constitution (Gale’s “sound bite”: they should be hung by the neck at noon at the nearest intersection of town) [‘Too Weird for The Wire’, (Kevin Carey), Washington Post, May/June/July 2008].
⟰ WP Gale, Posse Comitatus ideologue and leader
The trans-Atlantic sheriff
Posse Comitatus drew on an earlier institution in American history, the office of the sheriff. This office deriving from 9th century Anglo-Saxon England—the word ‘sheriff, meaning literally the “shire guardian”—was exported to England’s American colonies where the sheriff of a county came to be directly elected as a constitutional officer holding great autonomy and independence in his position [‘Sheriffs and the posse comitatus’, (David Kopel), The Washington Post, 15-May-2014, www.washingtonpost.com].
⟱ Office of the sheriff had its genesis during the rule of Alfred the Great in Wessex
(Source: www.historytoday.com)
After America became a republic, the institution of sheriff retained its status as the grass-roots hub of local law enforcement, although over time regional variations emerged. In the more densely populated North-East of the country the creation of urban police forces eroded the office’s power, but not so in the South and the West, where the preponderance of larger rural counties meant the sheriff remained a key force in tying together isolated communities. Here the overriding perception commonly is that ”the sheriff in his county is more powerful than the president”§ [‘The Renegade Sheriffs‘, (Ashley Powers), The New Yorker, 23-Apr-2018, www.newyorker.com].
An alternate history of US law: Common law trumps statutory law
Posse Comitatus doctrine affirms the office of sheriff as the truly ‘legitimate’ arm of law enforcement in the land. In the minds of its adherents, it authorises the office-holder to determine local laws based on judicial decisions of county courts. Thus it holds that common law always takes precedence over statute or written law [‘Posse Comitatus’ (organization), Wikipedia, http://en.m.wikipedia.org].
“Constitutional sheriffdom”
Influenced by Posse Comitatus and other extremist anti-federal government groups a body of sheriffs in the US have gone further to enunciate their local authority over the law. These hardliners in 2011 formed themselves into an association of ‘constitutional’ sheriffs (Constitutional Sheriffs and Peace Officers Association or CSPOA)✪. CSPOA’s position echoes that of Posse Comitatus – the sheriff represents the highest authority in the county (Powers). In the early 2010s CSPOA mobilised sheriffs to take a very strong stand against President Obama’s attempts to establish gun control legislation [‘Line in the Sand’, (Mark Potok & Ryan Lenz), Southern Poverty Law Center, (Summer Issue, 13-Jun-2016), www.splcenter.org].
Posse Comitatus stoking the Midwest farm crisis
A farm recession in the American Midwest in the early 1980s, resulting in economic ruin, bank foreclosures, etc., “created the conditions necessary for the (Posse Comitatus) doctrine to attract significant support” among desperate and disenchanted farmers⊞. Gale’s acolytes “crisscrossed the region explaining to farmers and ranchers (that they) were under no obligation to repay overdue loans or peacefully accept the foreclosure of their property” [‘Posse Comitatus’, Encyclopedia of the Great Plains, www.plainshumanities.unl.edu]. Some unscrupulous peddlers of Posse Comitatus ideology even sold the hard-hit farmers bogus prepackaged legal defences to circumvent their financial obligations (Carey).
(Source: Iowa PBS)
Followers of the Posse Comitatus manifesto often refused to pay taxes, obtain driver’ licences or pay vehicle insurance counterfeiting (steming from a denial of US fiat money) and other acts of federal disobedience. Posse Comitatus groups set up “common-law courts and juries”✦ to try public officials who had earned their enmity. Some members of Posse Comitatus groups, like today’s Sovereign Citizens, also engaged in more lethal actions. In 1983 one Posse member killed federal marshals and a local sheriff.
Continuing ideological after-effects
By the late 1980s with William Gale’s death, Posse Comitatus activism ebbed away. The movement’s decline has been attributed to a lack of effective leadership. Nonetheless the attraction of its ideology to disaffected fringe elements lies in the durability of its receptive message to many [‘The Anti-Government Movement Guidebook’, (1999, National Center for State Courts), www.famguardia.org]. Gale’s inflammatory ideas “gave people on the paranoid edge of society a collective identity” (Carey). The Posse Comitatus ideology held the appeal it did, according to Daniel Levitas, because Gale forged an American-sounding ideology which married together appeals to anti-Semitism, anti-communism, White Supremacy and the sovereignty of the people [‘The Terrorist Next Door’ (Daniel Levitas), New York Times, 17-Nov-2002, www.nytimes.com].
Endnote: The archetype of the posse in the old west
In countless Hollywood western movies the standard trope shows sheriffs raising posses to apprehend fugitives or to marshal back-ups to defend a community or town under threat. This was not merely Hollywood mythology but did occur. On the western frontier during the 19th century the sheriff had the authority to command a posse. Posse service was a right and a duty of responsible citizens of the day (Kopel). The reality behind the Hollywood depiction of posses is that they “routinely overstepped their quasi-legal function and were themselves responsible for mob violence” [‘Hate Normalized: Posse Comitatus’, Siouxland Observer, 30-Apr-2018, www.siouxlandobserver.blogspot.com].
⟰ Former Arizona sheriff, Richard Mack, a co-founder of CSPOA (Source: www.azcenter.com)
Postscript: ”An increasingly central role in partisan battles”
The Marshall Project has identified at least 60 sheriffs across the US that are currently using the wide discretionary powers they have to oppose state government-imposed restrictions due to COVID-19. This has meant not enforcing pandemic safety measures such as stay-at-home orders, the wearing of masks, business closures, etc. [‘The Rise of the Anti-Lockdown Sheriffs’, (Maurice Chammas), The Marshall Project, 15-Aug-2020, www.themarshallproject.org].
↼↼↼↼↼↼↼↼↼↼↼↼↼↼↼↼↼↼↼↼↼↼
⁕ a far-right activist who had been a member of the “Silver Shirts” (American neo-Nazis) in the 1930s
§ the familiar image again courtesy of Hollywood is of the racist, tyrannical southern sheriff who rides roughshod over everyone, personified in the film In the Heat of the Night
✪ the idea of constitutional sheriffs was Gale’s, first proposed in the 1970s
⊞ by the late Seventies there was 80 or more distinct Posse Comitatus groups in the plains states, with Wisconsin in particular a ‘hotbed’ (‘Anti-Government Movement’)
✦ the common law courts, together with Sovereign Citizens, have been described as ”the direct ideological descendants of Posse Comitatus” (‘Anti-Government Movement’)
