eventual collection [of certain Federal taxes] havingin the instantaneous power of Relationship, will normally be manufactured because of the officials, and you can with regards to the laws and regulations, appointed from the numerous States. . .this new officers of your own States is dressed up to the correspondent authority of one’s Partnership.

The Federalist No. 45, at 292 (James Madison) (Clinton Rossiter ed., 1961). The framers also seem to have acted upon this understanding. The first Judiciary Act, enacted by the first Congress, required state magistrates and justices of the peace to arrest and detain any criminal offender under the laws of the United states. 1 Stat. § 33. This statute, in immaterially modified form, remains in effect. 18 U.S.C. § 3041. At least two courts have interpreted this statute to authorize state and local law enforcement officers to arrest an individual who violates federal law. Get a hold of United states v. Bowdach, 561 F.2d 1160 (5th Cir. 1977); Whitlock v. Boyer, 77 Ariz. 334, 271 P.2d 484 (1954).

As discussed below, the delegation to private persons or non-federal government officials of federal-law authority, sometimes incorrectly analyzed as raising Appointments Clause questions, can raise genuine questions under other constitutional doctrines, such as the non-delegation doctrine and general separation of powers principles. Continue reading →