Oh man, why does law enforcement always gotta be so complicated? Welcome to Comic Theory where ideas from comic books are examined closely to make a compelling case. Today we’ll be looking at the superhero registration. Now this is a topic that comic fans love to debate to the ground. A couple YouTubers like to make videos about these but lack the real world applications to actually put this. (Still the sources they used can cause some glimpses that vary for accuracy.)
Marvel’s got a bit of a complicated history when it comes to registering superheroes for work. I mean Civil War and the influence it leaves behind is a big mess. Bad storytelling aside, it’s time to look at things from a more researched perspective.
On a blog created by James Daily called Law and the Multiverse, I found a post by Ryan Davidson that describes registration in a comic book titled The Uniques. It goes into detail about how superheroes need to be registered to act in public and how from a legal point it is kind of how it would work in the real world. An article I read years ago (on Anime News Network of all places) even notes how having superpowers is almost akin to gun ownership (especially in a place like Japan where guns are all but banned).
But as the previously mentioned blog states, there are a few flaws with registering for activity. For example, in The Uniques; powers could also be used for work like being a stunt double since there are no laws against them. Ryan makes a point that punishing someone for having powers goes against the Eighth Amendment. Just helping someone without looking for trouble isn’t illegal either. Good grief, why didn’t anyone bring that up in some other work?
The same blog goes into detail about superpowers being considered weapons and regulating them as mundane weapons. However powers unlike guns are a part of a person that can’t be stolen, discounting the ability to steal powers. On one end, this means it should be easier to keep track of powers rather than a missing gun; especially since background checks on harmful abilities are better suited to them. However collectivist societies like in Far East countries would prevent superpowers from being used in public; unless they are superheroes or sidekicks.
Publicly it is for the sake of equal opportunity. But equal opportunity doesn’t mean equal outcome. Even using powers just to go to work quicker without inconveniencing anyone would get a rebuke by the police. The ones who don’t have powers but a bunch of gadgets meanwhile are in a gray area; no powers means no superhuman law breaking (just vigilantism).
And that’s just if they’re lucky, a Webtoon called Sidekicks shows all powered people being drafted into a military service for life; with only a few serving as superheroes and sidekicks.
In the real world, social groups demanding for equal rights would rise up in the western countries. The more toxic sides of vocal minority social groups already take up a good chunk of public problems in the West alone. (For less backlash, I’m not going to refer to them by name.) Each make numerous protests a year that often border on spreading decent messages, being public nuisances, harassment, and outright riots. Superhuman groups would come with their own problems in addition to these; including using their powers in ways that depending on how they are used could be brought to court. Worst case comparison is being splashed by puddle from a passing car and suing the driver; all for something that can be easily fixed with a set of new clothes.
However, a federal agency dealing with superhumans is all but inevitable in those circumstances. Many agencies like the FBI and CIA have divisions for various circumstances like cyber crimes. Having superhumans combat powered criminals would just be the most efficient means of dealing with them. Still state agencies and law enforcement would make just as much sense, but they don’t show up as much.
How it works out however depends. Various series show how the registration act’s most extreme circumstances can go. In the earliest depictions of similar acts with the X-Men comics (like Days of Future Past); registration acts can be used as a way of locating powered people and enforcing segregation. Being the X-Men this means being openly discriminated in an act of fanatic racism. It can even lead to slavery in the form of mandatory drafts for all power users; like in the aforementioned Sidekicks. Or non-superhumans if the powers that be are run by superhumans and are the majority such as the anime Cross Ange.
Voluntary registration would be fine as long as whatever tasks the heroes do isn’t anything like a black-ops mission. Training and learning to control abilities is certainly a must; but forcing them to do activities when they don’t want to and throwing them in prison in failure to comply is nothing short of oppression. Not everyone wants to be a superhero.
Naturally there are a few flaws in this system. For example, the registration is detrimental for street level superheroes as it makes them open to attack from organized crime; living their entire lives on a witness protection program. And that’s just assuming they live long enough. Then there’s the possibility of registration lists getting compromised. This can put anyone on those lists and their connections a target by supervillains or even foreign assassins.
Which brings me to another point. In Powers, as soon as superhuman activity became illegal, only the heroes obeyed the laws with villains wreaking havoc. The heroes make the choice to sacrifice their safety while still hiding from trigger happy agents. It really brings a new perspective into the mix; people willing to put on their lives to help others shouldn’t be illegal.
Even when being a superhero is illegal or even working for standard law enforcement; there is still a very big chance of social hierarchy ruling over the populace’s lives. The web comic, Unordinary displays this way in full; higher tier ability users are given special benefits as long as they follow rules set by the government. All the while, the high-tiers can do whatever they want; including oppressing lower level ability users with some even becoming outright bullies.
Law enforcement don’t even help the lowest tiers when they are being ruled over by crime lords; all because low-tiers are a nuisance to them. People with no abilities meanwhile are little more than punching bags for even the lowest level ability users. And the reason why superheroes are illegal especially if they’re high-tiers, it’s not for protection from an anti-superhero/high-tiered group like the news groups say. It is because having someone with powers to defend the helpless disrupts the status quo.
Still working for agencies isn’t all bad. Some of them would come with benefits like salaries, retirement plans, insurance, sponsorships, etc. Of course celebrity lifestyle can cause these heroes’ morality to come into question. It was the recklessness of the New Warriors that helped cause Marvel’s first Civil War.
On the other end of the spectrum, secret identities are also risky in and of themselves. In the Doomsday Clock series by DC; the public starts to turn against the heroes because they believe superheroes are a conspiracy by the US government. Since nobody knows anything about Batman, Superman, and the like, it’s the public’s only reason to think so. A few opposing figures even jump onto the feeds in attempts to discredit the heroes.
A similar thing happens in the third season of Netflix’s Daredevil series. With Matt Murdock always wearing a costume and mask; anyone with the right skills could impersonate and frame Daredevil for crimes. Ultimately, the heroes get in a difficult position that requires a lot of legal maneuvering.
Public identities however would mark heroes for retaliation against villains and their supporters. Meanwhile, a secret identity is also something to fall back on as shown in CW’s Supergirl or Pixar’s The Incredibles. This gives the heroes lives outside of the hero lifestyle. Also when something inevitably goes wrong and scandals are aimed at that hero, a secret identity can essentially act as a protection program.
In short, a Superhero Registration is a very dark gray area. A powered person (or gadgeteer) can work with law enforcement on several levels; as long as they volunteer and come to an agreement. However partnerships need to be based on trust not authority, something like Batman and Commissioner Gordon. If service is a requirement and not a choice; well a reenactment of the Vietnam War is the least of everyone’s problems.
The benefits a hero can get are also something that are meant to be superficial. If superheroes went public; they would just be celebrity soldiers competing for trivial things rather than sacrifice for the public to inspire the masses. The neo-liberal front of it all would even have corporations make a lucrative profit run or have heroes in sponsorships. If recent developments are any indication however, this means giving those companies practically unlimited power; bureaucracy is evil enough. Heroes could even start their own companies and run for office thanks to these instances. By that point, fame and celebrity life would just take over their lives as displayed in Garth Ennis’ The Boys.
For heroes to actually function without much backlash, they would have to be a private security company, act as bounty hunters, or be part of some form of law enforcement. Be careful about what kind though, especially about who gains from it. As for Superhero Registration itself, that’s a very gray area. There’s nothing wrong with having powers, the Eighth Amendment sees to that (although detrimental abilities are a different issue). Helping others should always be a priority.
But the ink’s not dry yet. Remember to like, follow, subscribe, comment, and as always look between the panels.
