Omar Bennett
The United States Marshals Service (USMS) is a federal law enforcement agency that operates within the US Department of Justice. Created by the Judiciary Act of 1789, US Marshals are tasked with enforcing federal laws and upholding the Constitution. They have a broad range of responsibilities, including protecting federal judges, witnesses, and other officials, investigating fugitive matters, and assisting in the location and apprehension of sex offenders and missing children. US Marshals have often found themselves at the centre of historical controversies, including the Pentagon Riot of 1967 and the 1992 Los Angeles riots. This raises the question: do US Marshals have to follow the Constitution themselves?
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What You'll Learn
- The US Marshals Service reports to the courts and the attorney general
- Courts can appoint individuals other than marshals to enforce orders
- US Marshals cannot override the attorney general
- US Marshals are not an obstacle to courts enforcing the rule of law
- US Marshals have been used to quell civil unrest
The US Marshals Service reports to the courts and the attorney general
The US Marshals Service, also known as the USMS, is a federal law enforcement agency that reports to the courts and the Attorney General. It was established as the nation's first federal law enforcement agency and has a uniquely central position in the federal justice system. The USMS is involved in almost every federal law enforcement initiative and has a wide range of responsibilities, including:
- Apprehending fugitives
- Protecting dignitaries
- Providing court security
- Transporting high-profile and dangerous prisoners
- Witness security
- Seizing assets
- Prisoner security and transportation
- Tactical operations
The USMS has a national footprint, covering all twelve federal judicial circuits across the country, and can project globally. It has district offices and personnel stationed in all 50 states and several US territories, including Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands. The USMS also has a presence in several countries, including Mexico, Jamaica, the Dominican Republic, and Colombia.
The USMS is headed by a Director, who is appointed by the President of the United States and reports to the Attorney General. The Attorney General has supervised the Marshals since 1861, and the USMS was established as a bureau within the Department of Justice in 1988. The USMS is responsible for enforcing federal laws and providing support to the federal justice system. It works closely with the courts to ensure the safe and secure conduct of judicial proceedings and the protection of all participants.
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Courts can appoint individuals other than marshals to enforce orders
The US Constitution grants courts the power to appoint individuals other than marshals to enforce their orders. This power is derived from the broader law of contempt, which recognises the necessity of courts having independent authority to punish contempt and protect the rule of law.
While the marshals have traditionally enforced civil contempt orders, the courts can and do deputise others to step in if the marshals refuse to enforce their orders. This understanding of the courts' powers is consistent with other provisions of the rules that allow them to make use of other parties as a backstop to enforcement by the marshals. For example, the rules governing civil forfeiture provide that when the court takes control of property, the warrant and any supplemental process may be enforced by marshals or other court-appointed individuals.
Additionally, in cases where service of civil process can more easily be effected by someone other than US Marshals Service personnel, the court or the US Attorney may appoint or approve an alternative server. This flexibility ensures that the courts can effectively enforce their orders and uphold the rule of law, even in situations where a marshal may be rogue or unwilling to comply.
The courts' ability to appoint individuals other than marshals to enforce their orders is a crucial mechanism to ensure the integrity and authority of the judicial system. It reinforces the principle that the courts have the independence and means necessary to uphold the rule of law and protect the rights of citizens.
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US Marshals cannot override the attorney general
The US Marshals Service (USMS) is a bureau within the Department of Justice and receives direction from the Attorney General through the Director of the United States Marshals Service. The Attorney General began supervising the Marshals in 1861, and the Department of Justice was created in 1870. The USMS has been under its purview since then. The USMS is the nation's first and most versatile Federal law enforcement agency.
The USMS is involved in virtually every federal law enforcement initiative. Approximately 6,100 Deputy Marshals and career employees perform the following nationwide, day-to-day missions:
- Fugitive Apprehension: They conduct complex criminal investigations to locate and apprehend federal fugitives, egregious state or local fugitives, and non-compliant sex offenders.
- Prisoner Security and Transportation: They ensure the custody of all federal prisoners is safe and humane from the time of arrest until the prisoner is acquitted, arrives at a designated Federal Bureau of Prisons facility to serve a sentence, or is otherwise released from US Marshals’ custody.
- Judicial and Courthouse Security: They ensure a safe and secure environment for all participants in federal judicial proceedings.
The USMS constantly assesses and responds to the increasing demands for high-level security required for many violent criminal and terrorist-related court proceedings. The USMS is authorized to provide for the personal protection of federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes the functioning of the judicial process or any other official proceeding. It can also investigate fugitive matters, both within and outside the United States, as directed by the Attorney General.
The Attorney General shall direct the Director of the Marshals Service to prioritize the protection of Federal judges and Federal prosecutors. The Attorney General shall also prioritize the investigation and prosecution of Federal crimes involving actual or threatened violence against judges, prosecutors, or law enforcement officers or their family members. The Attorney General and Secretary of Homeland Security shall coordinate a review within the executive branch to assess the feasibility of facilitating the removal of, or minimizing the availability of, personally identifiable information appearing in public sources of judges, prosecutors, and law enforcement officers employed by the Federal Government.
The USMS is a Federal law enforcement agency that operates within the framework of the Department of Justice and is subject to the direction and authority of the Attorney General. The Attorney General has the power to appoint the Director of the USMS and supervise the activities of the USMS. The USMS is responsible for enforcing federal laws and providing support to the federal justice system. The USMS's mission includes fugitive apprehension, prisoner security, and judicial security. The Attorney General has the authority to direct the USMS's priorities and investigations, particularly regarding the protection of judicial officials and the prosecution of crimes involving violence against them. Therefore, the US Marshals cannot override the Attorney General.
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US Marshals are not an obstacle to courts enforcing the rule of law
The US Marshals are part of the executive branch and are responsible for enforcing judicial orders. This has led to concerns that the executive branch could interfere with the enforcement of court orders, particularly in cases involving the arrest of defiant executive branch officials. However, it's important to emphasize that US Marshals are not an obstacle to courts enforcing the rule of law.
While the US Marshals Service is the enforcement arm of the courts, the courts are not entirely dependent on them. Even in scenarios where marshals go rogue, courts possess alternative means to enforce their rulings. This understanding of the courts' powers aligns with provisions in the rules that allow them to appoint other parties to enforce their orders. For instance, the rules governing civil forfeiture empower courts to enlist not only marshals but also individuals specifically appointed by the court to enforce warrants and supplemental processes.
The courts' power to appoint individuals other than marshals to enforce civil contempt orders is consistent with the broader law of contempt, which emphasizes the necessity of courts having independent authority to punish contempt and protect the rule of law. This inherent power to compel compliance with orders and punish actions that obstruct the administration of justice is a crucial aspect of the judicial system.
In the specific context of executive branch officials defying court orders, the courts' ability to enforce their rulings is more complex. While courts can hold individuals in contempt and even jail those who defy their orders, the enforcement of such actions falls within the purview of the executive branch. This dynamic underscores the delicate balance between the judicial and executive branches and highlights the importance of maintaining a functional relationship between the two to ensure the effective enforcement of court rulings.
In conclusion, while the US Marshals play a significant role in enforcing court orders, their potential rogue behavior does not impede the courts' ability to uphold the rule of law. The courts possess alternative enforcement mechanisms and the power to appoint individuals to carry out specific tasks. These provisions ensure that the judicial system can maintain its authority and protect the rule of law, even in challenging circumstances.
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US Marshals have been used to quell civil unrest
The US Marshals Service, created by the First Congress in 1789, is the nation's first and most versatile federal law enforcement agency. The US Marshals have been used to quell civil unrest, with a history of involvement in civil rights movements. In the 1960s, US Marshals were on the front lines of the civil rights movement, providing protection to volunteers and African American students enrolling in the segregated South.
In one notable incident in September 1962, President John F. Kennedy ordered 127 marshals to accompany James Meredith, an African American who wished to register at the University of Mississippi. The marshals' presence on campus provoked riots, but they stood their ground, and Meredith was able to register. Marshals provided continuous protection to Meredith during his first year at the university. This incident demonstrated the role of US Marshals in upholding the government's interests and policies, even in the face of civil unrest.
US Marshals have also been involved in protecting black schoolchildren integrating public schools in the South during the civil rights movement. Artist Norman Rockwell's famous painting "The Problem We All Live With" depicted a young Ruby Bridges being escorted by four US Marshals in 1964. This painting captured the role of the marshals in ensuring the safety and security of individuals during a tumultuous time in American history.
Throughout their history, US Marshals have enjoyed a degree of independence in performing their duties, often hiring their own deputies and operating without direct supervision from a central administration. This changed in the late 1950s, when the Attorney General began supervising the Marshals. The Marshals have been under the purview of the Department of Justice since its creation in 1870.
Today, the US Marshals Service continues to play a crucial role in law enforcement and the federal justice system, with approximately 6,100 Deputy Marshals and career employees carrying out a wide range of missions nationwide. The US Marshals Service is involved in virtually every federal law enforcement initiative, including fugitive apprehension, witness protection, prisoner security and transportation, and tactical operations in response to civil disorders and national emergencies.
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Frequently asked questions
Yes, US Marshals have to follow the Constitution. They uphold the law and the Constitution while mediating the relationship between the Federal government and civilians.
US Marshals enforce federal laws in their local areas and carry out all lawful orders issued by judges, Congress, or the president. They also have the power to make arrests for violations of Federal law.
US Marshals report to both the courts and the attorney general.
Yes, historically, US Marshals have had the power to enlist any willing civilians as deputies. In contemporary times, however, this would be unusual. The Director of the US Marshals Service can currently deputize selected officers for one year.
If US Marshals go rogue, courts have other ways to enforce their orders and ensure the rule of law is followed. For example, they can appoint individuals other than marshals to enforce civil contempt orders.
