Chapter 1:Originsof Federal Law Enforcement in America
Federal Law Enforcement: A PrimerBumgarner, Crawford, & BurnsPowerpointsby Ryan Branch & Keith Logan
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Origins of FederalLawEnforcement
U.S. Constitution does not confer general police power to the national governmentGives broader policing power to the statesHowever, Constitution does envision a law enforcement responsibility for the national government (i.e. enforcing enumerated powers and treason)4th, 5th, 6th, and 8thAmendments all protect citizens from federal government powerThe Necessary and Proper Clause of the Constitution (Article I, Section 8)Gives government the ability to exercise its responsibilities through all necessary and proper means
Copyright © 2014 Carolina Academic Press. All rights reserved.
Origins of FederalLawEnforcement (Cont’d)
Early American federal law enforcement’s 4 functions:1) Enforcing taxes as tariffs2) Serving the federal judicial system3) Securing public facilities4) Protecting the postal system
Copyright © 2014 Carolina Academic Press. All rights reserved.
EnforcingTaxes and Tariffs
Tariff Act of 1789, signed into law July 4, 1789Authorized U.S. government to collect duties on importsFifth Act of Congress passed August 1789Created United States CustomsPlaced under the Department of TreasuryCovered 100+ ports of entryRevenue Cutter Service – cutter fleet operated by U.S. customsUsed to combat smuggling, piracy, and anti-slave trafficking lawsU.S. Customs primary source of federal funds for 125 yearsCompletely paid off federal debt by 1835
Copyright © 2014 Carolina Academic Press. All rights reserved.
Serving the Federal Judiciary System
Judiciary Act of 1789Created 13 federal judicial districts, federal district and appellate courts, the office of U.S. Attorney in each district, and the office of U.S. Marshal in each districtU.S. Marshals considered to be first federal law enforcement officers with an exclusively law enforcement missionServed federal court orders, captured/delivered federal prisoners, & enforced summonses of citizens for jury duty to serve as jurorsActs and policies under investigation jurisdiction of U.S. Marshals:Alien Act of 1798, Sedition Act of 1798, immigration laws, slave trade violations, & post-Civil War civil rights violations
Copyright © 2014 Carolina Academic Press. All rights reserved.
Securing Public Facilities
In 1790, Congress appointed a commission to manage and protect facilities while they were under construction in Washington, D.C.Started as six (6) night watchmenOriginally overseen by a superintendent of public buildings, then Office of the Commissioner in 1816Department of Interior (DOI) established in 1849DOI was given the management and control over public facilitiesH.R. 158, An Act Making Appropriations for Public Buildings and Other PurposesApril 29, 1828Created the Capitol police force (largely undertrained, relied on D.C. auxiliary guard)Absorbed into DOI at its formation
Copyright © 2014 Carolina Academic Press. All rights reserved.
Protecting the Postal System
1772, Benjamin Franklin created the “surveyor” positionProvided regulatory and audit support, providing security and integrity to the postal systemBecame the position of “special agent” in 1801Office of Instructions and Mail Depredations creating within USPS in 1830Its agents:Tracked down USPS embezzlers, thieves, & robbers targeting mail staff and transportation equipmentPossessed a full range of law enforcement authorityPower to carry fire armsPower to execute warrants as agents of the federal government
Copyright © 2014 Carolina Academic Press. All rights reserved.
Federal Law Enforcement Expands with the Nation
Issues in American Western Frontier during expansion:Native American tribes raiding/attacking westward settlersMany criminals & outlaws went west due to little law enforcement presencePotentially only a handful of U.S. Marshals in the equivalent area of 1-2 modern-day statesOften the only civilian law enforcement power in the western territoriesIf federal money or property were taken in a robbery, the U.S. Marshals were granted jurisdiction of the caseCould also have joint jurisdictions with local authorities within states & organized territories
Copyright © 2014 Carolina Academic Press. All rights reserved.
Federal Law Enforcement Expands with theNation (Cont’d)
U.S. Department of Justice (DOJ) – July 1870Given authority over federal law enforcement activitiesAbsorbed the Office of U.S. MarshalsMarshals became salary-based, department employeesU.S. Secret Service (USSS) – April 1865USSS was placed under the Department of TreasuryCombatted counterfeit currency – easy to do before end of civil warEach state bank could create/produce its own notesConfederacy used counterfeits in attempt to ruin Northern economy
Copyright © 2014 Carolina Academic Press. All rights reserved.
Federal Law Enforcement Expands with the Nation (Cont’d)
U.S. Secret Service (Cont’d)Extremely successfulBy 1865 counterfeiting considered only a minor problemSundry Civil Expenses Act of 1907USSS expressly delegated as permanent protective agency for U.S. presidentsBegan in 1894 by USSS employees informally protecting President G. ClevelandCleveland receiving threats to a USSS fraud case1865-1901, 3 presidential assassinations (Lincoln, Garfield, McKinley)Politicians worried that if U.S. Military used for personal detail, it would give president too much power (e.g., using personal detail for secret orders)House Judiciary Committee recommended use of USSS – passed in 1907
Copyright © 2014 Carolina Academic Press. All rights reserved.
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