“The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy”

Jessica Pishko, Dutton Publishing (2024) $32 USD, 469 pp.

A great book for people interested in current events and the state of American democracy, “The Highest Law in the Land” is a thoughtful investigation of the county sheriffs, which Pishko rightly identifies as “a gravely under-examined institution.” However, for readers looking to gain historical insight into the growth of police powers in American history, Pishko’s work will likely be underwhelming. 

The author is upfront about her goals and openly reflexive about her own position, especially when it comes to the rise of so-called constitutional sheriffs. She ends the introduction by proclaiming “I do not want to both-sides the issue. The threat is coming from the right” (p. 11). She supports that assertion with deeply researched and well-reasoned arguments. She meaningfully examines the nearly unchecked power of America’s 3,000+ sheriffs, as well as the role they play in politics, incarceration policies and practices, gun and drug control policies, enforcement of racial hierarchies, the so-called border wars, and the ways in which the elected status of sheriffs is often as ruse. As a person who has lived much of my adult life in a county where the sheriff openly opposed the will of many of his constituents (Sheriff Tracee Murphy and Cannabis Decriminalization in Texas) , I found some of these sections of particular interest. 

However, as a historian and sociologist interested in historical abuse of police powers in the Jim Crow South (who also keeps up with current events), I found Pishko’s work to be largely political rather than scholarly. I don’t believe this is something she would argue with, rather political analysis is part of her goal. For me though, when I read a blurb about “getting to the root” of something, I anticipate more historical context and analysis. As a result, I was disappointed to learn so little from “The Highest Law in the Land.”

That doesn’t mean the book is badly written or poorly conceptualized. It will be very useful for readers who want to become better informed about the state of law enforcement and politics in 2020s America.