Is There a Federal Police Power?

Fuller, P. Brooks

doi:10.2307/1109106

Cited by 3 publications

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“…90 As one commentator explained, "The power was exercised it was said, not in hostility to the State, but supplementing the actions of those States which had for the protection of public morals prohibited the drawing of lotteries or the circulation of lottery tickets within their respective limits." 91 This reading of the decision is supported by the fact that, when Congress passed the Lottery Act in 1895, all forty-four states already banned lotteries. 92 The statute thus merely reflected the widely shared view that lotteries were a "pestilence" that had to be exterminated.…”

Section: A Champion On Its Own Termsmentioning

confidence: 99%

'To Regulate,' Not 'To Prohibit': Limiting the Commerce Power

Friedman

Lakier

2013

SSRN Journal

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Section: A Champion On Its Own Termsmentioning

confidence: 99%

'To Regulate,' Not 'To Prohibit': Limiting the Commerce Power

Friedman

Lakier

2013

SSRN Journal

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Toward a Federal Police Power

Moreno¹

2013

The American State From the Civil War to the New Deal

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The FederalPosse ComitatusDoctrine: Slavery, Compulsion, and Statecraft in Mid-Nineteenth-Century America

Rao¹

2008

Law hist. rev.

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In antebellum America, as in pre-industrial England, it was commonplace to witness civilians accompanying sheriffs and justices, scouring the countryside in search of scoundrels, scalawags, and other law-breakers. These civilians were the posse comitatus, or uncompensated, temporarily deputized citizens assisting law enforcement officers. At its core, the posse comitatus was a compulsory institution. Prior to the advent of centralized police forces, sheriffs and others compelled citizens to serve “in the name of the state” to execute arrests, level public nuisances, and keep the peace, “upon pain of fine and imprisonment.” Despite its coercive character, though, the posse was widely understood as one among many compulsory duties that protected the “public welfare.” Americans heeded the call to serve in local posses, explained jurist Edward Livingston, because of communal “ties of property, of family, of love of country and of liberty.” Such civic obligations, wrote Alexis de Tocqueville in 1835, illustrated why Americans had such a pressing “interest in … arresting the guilty man.” At once coercive and communitarian, lamented Henry David Thoreau, the posse comitatus exemplified how those that “serve the state … with their bodies,” were “commonly esteemed good citizens.”

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Is There a Federal Police Power?

Cited by 3 publications

References 0 publications

'To Regulate,' Not 'To Prohibit': Limiting the Commerce Power

'To Regulate,' Not 'To Prohibit': Limiting the Commerce Power

Toward a Federal Police Power

The FederalPosse ComitatusDoctrine: Slavery, Compulsion, and Statecraft in Mid-Nineteenth-Century America

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