Analysis: Any efforts by federal agents to engage in general law enforcement activities in American states, without authority from Congress, potentially violates the Constitution.
him federal intervention was unnecessary; state authorities could handle the riots. Washington then promptly ignored local officials, mobilized over 12,000 troops, sent them in and started making arrests.Washington's"troops" were local militia, not agents employed by an executive branch agency, riding in unmarked. Also, some whiskey protesters interfered with the tax collection process and physically attacked federal"agents" — tax collectors.
But generally, the power to police is reserved to the states by the 10th Amendment. Federal agents are not supposed to have the general arrest powers carried by local or state officers. Federal agents' arrest power is limited to their specific, articulated federal jurisdiction. The FBI, for instance, cannot set up speed traps or DUI checkpoints. Their arrest power is limited to violations of federal law. It's why Trump could issue an executive
for federal law enforcement officials to arrest a specific class of people: those who damage a monument or statue — a crime falling under federal jurisdiction., Congress has never authorized the president to conduct general police activities in an American city. It's certainly not likely to do so now. If the president and the attorney general want to"send in the feds," they can only send them for a constitutional purpose: to enforce federal law or support local law enforcement.
Trump and Barr cannot dispatch federal agents to take over local law enforcement activities simply because they might think local police are doing a poor job. Federal criminal jurisdiction has expanded exponentially since the times of Hamilton and Washington, but it has not, and cannot, expand to take over the duties of local police. That is a constitutional line that the feds cannot cross.
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