OTTAWA COUNTY, Mich. — After nearly six hours of public comment, stretching a Tuesday night meeting into early Wednesday morning, the Ottawa County Board of Commissioners voted to declare the county as a "constitutional county."
A Western Michigan University Cooley Law School professor said the resolution is not a law— but it might be a power move.
READ: Ottawa County commissioners vote to become 'constitutional county'
“I’m not sure that that makes them unique because we are all constitutional counties. We are all governed under the constitution of the United States and the constitution of the state that we live in. So, I don’t understand,” Professor Jeffrey Swartz said during a Zoom interview with FOX 17 on Wednesday afternoon.
“What I think they are trying to say is that they feel that they have the power to determine what is or what is not constitutional and only enforce the laws that they deem to be constitutional," said Swartz.
Swartz said he believes the commissioners voted to pass the resolution because many were backed by the conservative group Ottawa Impact during last year’s election season.
The board's chair, Joe Moss, who co-founded Ottawa Impact alongside vice-chair Sylvia Rhodea, shared the resolution over Facebook last week as a way “to protect the individual freedoms of the people of Ottawa County.”
“I move to approve a resolution affirming Ottawa County’s commitment to protecting constitutional freedoms,” Rhodea said on Tuesday.
She went on to read the resolution at the meeting.
“It begins whereas the Ottawa County Board of Commissioners Board swore an oath to uphold the Constitutions of the United State and the State of Michigan, which protect the natural god-given rights to life, liberty and the pursuit of happiness,” Rhodea said. “The Constitution’s guarantee of freedom of religion speech and assembly, the right to bear arms, due process of law, as well as provide other protections; And whereas the First Amendment of the United States Constitution, as part of the Bill of Rights, instructs that congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abiding the freedom of speech or of the press, or the right of the people to peaceably to assemble and to petition the government for a redress of grievances; and whereas the second amendment of the constitution protects the right to keep an bear arms affirming that a well regulated militia being necessary to the security of a free state, the right of the people to keep an bear arms shall not be infringed.”
Commissioner Roger Bergman was not present for the vote, and Doug Zylstra was the only commissioner to vote against the resolution.
The public's reaction, however, was mixed. More than one hundred people showed up to speak at the packed meeting on Tuesday. Some were supported the resolution. Others were against it.
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Sheriff Steve Kempker spoke at the meeting and reiterated his commitment to upholding the law.
“I have taken an oath and reaffirm that oath tonight to uphold the Constitution and the Constitution of the State of Michigan, as well as to enforce State and local laws,” Sheriff Kempker said. “For over my 35 years here at Ottawa County, the citizens of this county elected me as their sheriff to uphold my oath of office and continue to deliver quality law enforcement and correctional services to this community. I will continue to direct my command staff and my deputies to uphold their oath as well.”
Prosecutor Lee Fisher issued a statement to FOX 17 saying that "The resolution has no legal force and will not impact the performance of my duties as prosecutor."
On Wednesday, FOX 17 reached out to Kempker, Fisher and Moss requesting interviews or additional comments. FOX 17 is waiting to hear back.
However, Swartz reiterated that only the Supreme Court has the power to determine constitutionality. Anything else is a violation of one’s oath of office.
“The authorities that determine constitutionality is the Supreme Court in Michigan on Michigan’s Constitution, and the United States Supreme Court on the federal Constitution, he said. “Those people that are doing this are bound by their oaths to obey the law as it’s been interpreted by those authorities.”
