Force Bill

The United States Force Bill, formally titled "An Act further to provide for the collection of duties on imports", 4 Stat. 632 (1833), enacted by the 22nd U.S. Congress, consists of eight sections expanding Presidential power. The relevant sections are:

  • Section 1 deals with unlawful obstructions to the collections of import duties; by securing ports and harbors for the protection of duty collectors, allowing for the detention of vessels and cargoes to enforce revenue laws, and authorizes the President to use armed forces to protect customs officers and to prevent the unauthorized removal of untaxed vessels and cargo.
  • Section 2 expands the jurisdiction of federal courts to cases arising from revenue collections by the U.S. government and allows injured parties in revenue cases to sue in court. It deems property detained by customs officers to be in the custody of the law, subject to disposition by court order only, and criminalizes anyone who circumvents the legal process in regaining detained property as guilty of a misdemeanor.
  • Section 5 deals with States, or portions within a state, who employ force, or any other unlawful means, to obstruct the execution of U.S. federal law, or interfere with the process of any Federal court. This section authorizes the President to use whatever force necessary to suppress such insurrections, "and to cause the said laws or process to be duly executed".
  • Section 6 deals with States who refuse to jail persons imprisoned under Federal law. It authorizes U.S. marshals to jail such persons in "other convenient places, within the limits of said state" and to make provisions for this purpose.
  • Section 8 is a sunset clause, stating that the "first and fifth sections of this act, shall be in force until the end of the next session of Congress, and no longer." It is not clear whether subsequent Acts of Congress extended these provisions.

Read more about Force Bill:  Original Intent

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