Another issue is that the federal constitution, modeled AFTER earlier state constitutions, was originally intended to ONLY form and regulate the federal government and it’s powers.
Not until the 14th Ammendment, after the Civil War, was even part of the Bill of Rights applied directly to the States. Each state had something like a Bill of Rights built into their state Constitutions....which, if they allowed for Constables, Marshals, Sheriffs and their deputies (and they all do...even back into colonial times)—functionally, also allow for police forces—AT the state and local level.
As for an FBI or CIA? Well, I’ll leave that to the legal eagles—but if they were unconstitutional (except in some egghead’s mind...) I’d of thunk a super-high-paid Mafia lawyer would of prevailed in court by now...
I’ve read a fair amount about the 14th amendment. Most people do not understand it.
The 14th amendment was a radical departure from the original Constitution, here’s why.
After the emancipation of the slaves, the federal government realized it STILL HAD NO POWER to mandate to the states who should or should not be “CITIZENS” of those states.
The 14th amendment created a NEW type of citizenship that did not exist prior to it’s ratification, that being “A Citizen of The United States”, in other words a “federal” citizen, a citizen who is presumed to live in the District of Columbia, or at least some territory which is under Congresses sole legislative authority.
The reason for the 14th amendment being that at least for the freed slaves, they COULD NOT be deprived of their “privileges and immunities” by a state or lose them if they traveled from state to state.
But the Supreme Court has ruled most especially in a series of cases called the insular cases that the District of Columbia and the territories under the exclusive legislative authority of Congress ARE NOT parties to the Constitution and Constitutional restrictions and limitations had no bearing in these regions, save those which Congress chooses to legislate.
You hear about the Constitution and the Bill of Rights and you hear the term “incorporation”, well, THAT’S WHAT IT MEANS, the “incorporation” of one of the Bill of Rights means it is now in effect in DC and the territories.
Did you ever wonder why the Federal Police Force is called the Federal Bureau of INVESTIGATION?
It's because when the agency was created, everyone knew that policing was not a Federal function. So it was sold as an agency that would assist local police with their investigations, and then only when there was evidence or reasonable suspicion that a perpetrator had left the local (i.e. State) jurisdiction.
In particular, I remember as a child (I lived about eight miles away from Westbury where the Weinbergers lived.) that the FBI was not allowed to enter the case of the Weinberger kidnapping for a full week. A week was apparently reasonable grounds for suspicion that a kidnapper had fled the jurisdiction.
As a result of the Weinberger kidnapping, President Eisenhower signed a law reducing the waiting period to one day. President Clinton reduced it to zero.
Sort of related ... here in the NYC Metro area an off duty ATF agent was killed in a shootout with a retired local Police Officer. I see the details as confused, or perhaps invented. The official story is that there was a robbery in a drug store which off duty ATF agent Capano "was at the pharmacy picking up medicine for himself and his father." Whatever.
Neither the ATF agent nor the retired cop had ANY law enforcement authority in this jurisdiction. Both were armed and apparently dangerous. Anti-gun zealots have been remarkably silent about all of this. I couldn't find any articles at all where Congresswoman Carolyn McCarthy had anything to say about Capano or his killer. Senator Chuck the Schmuck Schumer, never the one to miss a photo-op, is calling for MORE SUCURITY FOR DRUGSTORES!
ML/NJ