S.1873 - Maintaining Authority and Restoring Security to Halt the Abuse of Law; MARSHALS Act (119th Congress)
Summary
S.1873, the MARSHALS Act, proposes to transfer the United States Marshals Service from the executive branch (Department of Justice) to the judicial branch. This would involve amending Title 28 of the United States Code to reflect this change, including redesignating chapters and sections related to the Marshals Service. The bill outlines changes in the appointment and supervision of U.S. Marshals, placing them under the authority of the Chief Justice and a newly established Board composed of the Chief Justice, the Judicial Conference, and the Director of the Marshals Service.
Expected Effects
The primary effect of this bill would be to shift control of the U.S. Marshals Service from the executive to the judicial branch. This could lead to changes in the priorities and operational focus of the Marshals Service, potentially emphasizing its role in protecting the judiciary and ensuring the smooth functioning of the courts. It may also affect the degree to which the Marshals Service assists other law enforcement agencies.
Potential Benefits
- Enhanced independence of the Marshals Service from potential executive branch influence.
- Greater focus on protecting federal jurists and court officers.
- Streamlined coordination within the judicial branch for security matters.
- Potential for improved efficiency in serving the needs of the courts.
- Increased accountability through the oversight board.
Most Benefited Areas:
Potential Disadvantages
- Potential for reduced coordination with other law enforcement agencies under the Department of Justice.
- Possible disruption during the transition of authority.
- Risk of conflicts between the judicial and executive branches regarding law enforcement priorities.
- Concerns about the Chief Justice and Judicial Conference having direct control over a law enforcement agency.
- Unclear impact on the Marshals Service's ability to address national security threats.
Constitutional Alignment
The proposed transfer raises questions regarding the separation of powers, as it shifts a law enforcement agency from the executive to the judicial branch. Article II of the Constitution vests executive power in the President, which traditionally includes law enforcement functions. However, Article III grants the judiciary the power to protect its own functioning, which could justify some degree of control over security. The constitutionality of this shift would likely be debated, focusing on the balance of power between the branches.
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).