Chapter 1 Origins of Federal Law Enforcement in

Chapter 1: Origins of Federal Law Enforcement in America Federal Law Enforcement: A Primer Bumgarner, Crawford, & Burns Powerpoints by Ryan Branch & Keith Logan Copyright © 2014 Carolina Academic Press. All rights reserved.

Origins of Federal Law Enforcement • U. S. Constitution does not confer general police power to the national government – Gives broader policing power to the states – However, Constitution does envision a law enforcement responsibility for the national government (i. e. enforcing enumerated powers and treason) – 4 th, 5 th, 6 th, and 8 th Amendments all protect citizens from federal government power • The 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 Federal Law Enforcement (Cont’d) • Early American federal law enforcement’s 4 functions: – 1) Enforcing taxes as tariffs – 2) Serving the federal judicial system – 3) Securing public facilities – 4) Protecting the postal system Copyright © 2014 Carolina Academic Press. All rights reserved.

Enforcing Taxes and Tariffs • Tariff Act of 1789, signed into law July 4, 1789 – Authorized U. S. government to collect duties on imports • Fifth Act of Congress passed August 1789 – Created United States Customs • Placed under the Department of Treasury • Covered 100+ ports of entry – Revenue Cutter Service – cutter fleet operated by U. S. customs • Used to combat smuggling, piracy, and anti-slave trafficking laws – U. S. Customs primary source of federal funds for 125 years • Completely paid off federal debt by 1835 Copyright © 2014 Carolina Academic Press. All rights reserved.

Serving the Federal Judiciary System • Judiciary Act of 1789 • Created 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 district – U. S. Marshals considered to be first federal law enforcement officers with an exclusively law enforcement mission • Served federal court orders, captured/delivered federal prisoners, & enforced summonses of citizens for jury duty to serve as jurors • Acts 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 watchmen – Originally overseen by a superintendent of public buildings, then Office of the Commissioner in 1816 – Department of Interior (DOI) established in 1849 • DOI was given the management and control over public facilities • H. R. 158, An Act Making Appropriations for Public Buildings and Other Purposes – April 29, 1828 – Created 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” position – Provided regulatory and audit support, providing security and integrity to the postal system • Became the position of “special agent” in 1801 • Office of Instructions and Mail Depredations creating within USPS in 1830 – Its agents: • Tracked down USPS embezzlers, thieves, & robbers targeting mail staff and transportation equipment • Possessed a full range of law enforcement authority – Power to carry fire arms – Power 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 settlers – Many criminals & outlaws went west due to little law enforcement presence • Potentially only a handful of U. S. Marshals in the equivalent area of 1 -2 modern-day states – Often the only civilian law enforcement power in the western territories • If federal money or property were taken in a robbery, the U. S. Marshals were granted jurisdiction of the case – Could also have joint jurisdictions with local authorities within states & organized territories Copyright © 2014 Carolina Academic Press. All rights reserved.

Federal Law Enforcement Expands with the Nation (Cont’d) • U. S. Department of Justice (DOJ) – July 1870 – Given authority over federal law enforcement activities – Absorbed the Office of U. S. Marshals • Marshals became salary-based, department employees • U. S. Secret Service (USSS) – April 1865 • USSS was placed under the Department of Treasury – Combatted counterfeit currency – easy to do before end of civil war • Each state bank could create/produce its own notes • Confederacy 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 successful • By 1865 counterfeiting considered only a minor problem – Sundry Civil Expenses Act of 1907 • USSS expressly delegated as permanent protective agency for U. S. presidents • Began in 1894 by USSS employees informally protecting President G. Cleveland – Cleveland receiving threats to a USSS fraud case • 1865 -1901, 3 presidential assassinations (Lincoln, Garfield, Mc. Kinley) • 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.

The full set of Power. Point slides is available upon adoption. Email bhall@cap-press. com for more information.