H.R.3607 - Maintaining Authority and Restoring Security to Halt the Abuse of Law; MARSHALS Act (119th Congress)
Summary
H.R.3607, the MARSHALS Act, proposes to transfer the United States Marshals Service from the executive branch (Department of Justice) to the judicial branch. This involves amending Title 28 of the United States Code to reflect this change, including redesignating chapters and sections related to the Marshals Service. The bill also outlines changes in the appointment and supervision of U.S. Marshals, placing authority with the Chief Justice and a newly established Board.
Expected Effects
If enacted, the Marshals Service would operate under the judicial branch, with the Chief Justice and a Board overseeing its activities. This could lead to a shift in priorities and operational procedures, potentially impacting law enforcement and judicial security. The bill also modifies the service's authority in assisting other law enforcement agencies and protecting federal jurists.
Potential Benefits
- Enhanced judicial independence by placing the Marshals Service under the judicial branch.
- Improved oversight through the establishment of a supervisory board including the Chief Justice and the Judicial Conference.
- Streamlined protection of federal jurists and court officers by clarifying the Marshals Service's authority.
- Potential for more efficient allocation of resources within the judicial branch for security and enforcement.
- Increased accountability of the Marshals Service to the judicial branch.
Most Benefited Areas:
Potential Disadvantages
- Potential for conflicts of interest arising from the judicial branch overseeing a law enforcement agency.
- Possible disruption in coordination between the Marshals Service and the Department of Justice.
- Risk of politicization of the Marshals Service due to the involvement of the Chief Justice and the Board in appointments and supervision.
- Uncertainty regarding the impact on the Marshals Service's ability to assist other law enforcement agencies.
- Potential for increased bureaucracy and administrative burden due to the new supervisory structure.
Constitutional Alignment
The bill's constitutional alignment is complex. Article II vests executive power in the President, which traditionally includes law enforcement. Transferring the Marshals Service to the judicial branch raises questions about the separation of powers. However, Article III grants the judiciary the power to protect its own functioning, which could justify some degree of control over law enforcement related to the courts. The constitutionality of the specific mechanisms for appointment and supervision would also need to be considered in light of the Appointments Clause.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).