THE MANY FACES OF LAW ENFORCEMENT

The Many Faces of Law Enforcement



The Many Faces of Law Enforcement

Introduction

The role of federal, state, and local peace officers play a crucial role in protecting the country from hostile nations or terrorist attacks. Historically, distinct divisions have existed between the responsibilities of civilian law-enforcement agencies and those of the military and other instruments of national security. However, laws passed since the September 11, 2001, terrorist attacks on the United States have blurred some of the lines between law enforcement and national security.

The Many Faces of Law Enforcement

Following lines present the many faces of law enforcement.

Legal and Constitutional Issues

Campbell (2003) mentions the U.S. Constitution grants a limited number of powers to the federal government, including those necessary to “insure domestic tranquility” and “provide for the common defence” (Campbell, 2003). Among those powers are the ability to declare war, to raise armies, to maintain a navy, and to call out the militia. Clearly, the framers of the Constitution intended the federal government to have the ability to defend the nation against external threats. However, the Constitution also affirms that all powers not granted to the federal government are reserved to the states. That is, each state has the power to make its own laws regarding anything not specifically mentioned in the Constitution. This includes local policing and law enforcement.

The line between internal policing and external security remained firm until the Civil War (Campbell, 2003). However, during that war and the Reconstruction period that followed, the government eased many of the restrictions on the use of the military for civilian policing. The southern states faced widespread lawlessness in the wake of the destruction caused by the war, and local authorities were often unable to cope with the situation.

During that period, federal troops were used extensively to restore order and keep the peace in many communities. By 1878, local law-enforcement agencies had been reestablished throughout the South and federal troops were no longer needed to keep order. In that year, the U.S. Congress passed the Posse Comitatus Act, which prohibits the use of the Army to enforce the laws of the United States, individual states, or U.S. territories.

New Laws and Policies

As lawmakers examined the conditions that allowed the September 11, 2001, attacks to take place, they noted a disturbing failure of communication and coordination between the nation's various law-enforcement and national-security agencies. The Federal Bureau of Investigation (FBI) and Central Intelligence Agency (CIA) were criticized for failing to share information that might have led to the discovery of the attacker's plans.

The National Commission on Terrorist Attacks Upon the United States—the congressional committee that investigated the September 11 attacks—also found a lack of communication between federal agencies and local law-enforcement officials. Based on their findings, the commission recommended changes to the federal government's law-enforcement activities.

Acting on these recommendations, Congress passed the Homeland Security Act of 2002, which established a cabinet-level Department of Homeland Security. The law transfers several law-enforcement functions from other federal agencies to the Department of Homeland ...