On June 26, the Loyola University Chicago Law Journal published Professor Jason Cieslik’s article, “Usurping Authority: Illinois Sheriffs Declare Law Unconstitutional.” In the article, Cieslik examines the authority of numerous county sheriffs around Illinois who declared a new law limiting ownership, possession, and distribution of assault weapons, unconstitutional.
Cieslik analyzes a county sheriff’s duties, including enforcement of the law, which are codified by statute. Cieslik argues that those duties do not include declaring a law unconstitutional. The actions taken by the county sheriffs present a concerning situation to the public it is sworn to protect. This article examines the circumstances in which an elected county sheriff could be removed absent voter approval. The removal of a county sheriff, however, presents some obstacles, procedurally and legally. Historically, the removal of a county sheriff is an uncommon practice outside of an election. Regardless, some legal theories, although untested, exist that could hold county sheriffs accountable for exceeding their authority and usurping power away from the courts.
