Are US Air Marshalls un-Constitutional?

Discussion in 'Politics' started by bucs90, Aug 16, 2012.

  1. bucs90
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    bucs90 Gold Member

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    Title asks the simple question. I anticipate a fun answer. Would an armed civilian law enforcement officer, a US Air Marshall, flying on a plane from Kansas City to Atlanta be allowed under the US Constitution?
     
  2. bucs90
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    bucs90 Gold Member

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    Guess not
     
  3. g5000
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    g5000 Diamond Member

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    Why not?
     
  4. RetiredGySgt
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    RetiredGySgt Diamond Member

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    Interstate trade is the sole authority of the US Government. Both protecting it and regulating it. Armed law enforcement aboard interstate trade is not only covered it is a requirement if there is a threat, Same with international flights.
     
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  5. martybegan
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    martybegan Platinum Member

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    Waiting only 13 minutes for a response, and then implying that no one has an adequate response is poor form.

    The better question is what part of the consitution would ban federal air marshalls.
     
  6. RetiredGySgt
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    RetiredGySgt Diamond Member

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    Well in this case they are covered. But US Marshals in side the States is a problem unless very specific things are all they cover. The Constitution does not give much police Power to the Federal Government.
     
  7. bucs90
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    bucs90 Gold Member

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    What about the Border Patrol, FBI, DEA? Or Marshalls on flights that never cross a state border (Like San Fran to LA, or Miami to Jacksonville)
     
  8. martybegan
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    martybegan Platinum Member

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    The constitution does not ban states from delegating law enforcement tasks to the feds willingly.

    To make a consitutional issue occur a state would have to sue the feds to stop marshalls from being on planes on soley in state flights.
     
  9. martybegan
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    The constitution does not ban the states from allowing federal agencies authority over certain areas.

    As before, I think it would take a state saying "get out" to a federal agency to make the issue a constitutional matter.

    It would be an interesting mental exercise to consider. Say a state tells the DEA it no longer wants them in the state, claiming ownership of drug law enforcement in the state.

    It would be an interesting case to say the least.
     
  10. g5000
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    g5000 Diamond Member

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    There already has been such a case. And the Supremes ruled in favor of the feds.

    Gonzales v. Raich.

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