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)
– 4th, 5th, 6th, and 8th 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, 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.
The full set of PowerPoint slides is
available upon adoption.
Email bhall@cap-press.com
for more information.