Pennsylvania Supreme Court Unconstitutionally Usurps Constitutional Sheriffs’ Arrest Powers

I am attaching an article describing the ill-conceived decision of the Pennsylvania Supreme Court to reduce the powers of the Constitutional Sheriffs in that State with respect to powers of arrest to nothing more than that of the ordinary citizen. The opinion unconstitutionally usurps the elective franchise of the citizens to vote for who they wish to serve as the Cheif Law Enforcement Officer of their respective counties on their behalf. The underlying premise of the Court, that the state’s legislature can remove the Sheriff’s authority, or, rather, dictate what the Sheriff can and cannot do in the way of law enforcement is constitutional error.

Top Pa. court prohibits sheriffs to run DUI checkpoints

I am also including the opinion here. Marconi v. Commonwealth of Pennsylvania.

As some of you have asked what legal authority supports the view that state legislatures may not usurp a Sheriff’s common-law, indeed constitutional powers and duties, see my short exposition on the subject, which was written after many years of studying this issue:


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